Keep Your Family Together During Removal Proceedings

What are Removal Proceedings?

If someone enters the U.S. without lawful status and finds themselves in removal proceedings, there's still hope! They can apply for asylum through the Immigration Court as a way to defend against deportation. This application, known as a defensive asylum application, is reviewed by an immigration judge. To be successful, the applicant needs to show that they have a genuine fear of persecution because of their race, religion, nationality, political opinion, or membership in a specific social group.

The I-730 Asylee/Refugee Relative Petition and Its Approval

For individuals navigating removal proceedings, the journey toward lawful status can often feel confusing and daunting. This feeling is particularly prominent for those who have fled persecution in their home countries and are seeking asylum in the United States, where the anxiety surrounding deportation and the prospect of returning to their homeland can be overwhelming. After facing such intense challenges, the process they encounter here can be quite tiring.

The I-730 petition, formally referred to as the Refugee/Asylee Relative Petition or family reunification petition, is a vital application for individuals wishing to reconnect with their families who are seeking to reunite with loved ones in the United States. It represents an important step toward keeping families together during the trying time of removal proceedings. In this article, we will explore termination proceedings as a potential option for you to consider after your I-730 form has been accepted.

Termination of Removal Proceedings

When the USCIS approves an I-730 petition, your family member will receive a new I-94 and be granted derivative asylee status. This means they can enjoy the rights that come with this status, like obtaining a travel document, renewing their employment authorization under the C05 category, applying for Lawful Permanent Residency (Green Card), or even pursuing naturalization at the end of their journey. Just keep in mind that first, the removal proceedings should be finalized before moving forward with these steps.

1. Obtaining Asylum Status:

Once your I-730 Asylee/Relative Petition is approved, your family member will be able to enjoy derivative asylee status and receive an I-94. With this wonderful news, they can use the approval notice together with the I-94 to wrap up their legal proceedings smoothly.

2. Submission of Termination Request:

One of the most common and favorable paths is to file a Motion to Terminate the removal proceedings. With the approval of the I-730 and the issuance of a new I-94 as an asylee derivative, this means the respondent is no longer subject to removal on the initial grounds. It’s a great idea to connect with the Department of Homeland Security (DHS) before submitting the motion, especially if they might be open to filing a joint motion in this situation. Even if a joint motion isn't an option, having a conversation in advance can really help clarify whether the DHS intends to oppose the motion, which is not only polite but also allows you to prepare for any possible outcomes.

Your family member can support your motion with some helpful evidence, such as:

• **Documents Regarding Your Approval:** These documents form the foundation of your motion, so it's important to include them first.
• **Marriage Certificate/Birth Certificate:** Be sure to submit these to highlight your relationship between you and your family member.
• **Moral Character Evidence:** Reference letters from their employers, tutors, neighbors, close friends, or colleagues can make a big difference! If they describe your family member as having good character and being well-behaved in the community, it will greatly support their claim.
• **Criminal History Record:** If possible, acquiring a criminal history record that shows your family member is not a risk can really help strengthen their motion.
• **School/Course Documents:** Sharing school or course documents can showcase how actively you engage with the community and your commitment to enhancing your skills.

3. Approval by the Immigration Judge:

The immigration judge will carefully review your request for termination. If it isn't a joint motion, DHS might choose to oppose it. The judge will hold off on making a decision until the opposition deadline has passed. Even if DHS decides to oppose, the judge still has the option to terminate the proceedings; however, a brief about the opposition may be needed. If the judge finds that the individual's status has genuinely changed due to I-730 approval, it's very likely that the proceedings will be terminated.

4. Question: What should I do if my family member's hearing is coming up soon, and my petition is still pending with USCIS? Is there a way I can stay updated on the situation?

Your Immigration Attorney will guide you through the process. While there are several steps ahead, here are a couple of important ones to consider:

1. **Motion for Continuance**: This is a straightforward way to postpone your hearing. However, it’s wise to chat with your attorney before proceeding, as it might impact your EAD clock or push the hearing back too far. Essentially, you’re requesting the IJ to delay the hearing because you have a pending application that could influence your case.

2. **Administrative Closure**: This option involves some detailed steps, which we can cover in a separate article, but to sum it up, the IJ will pause your proceedings so that you can finalize your application.

What Are the Essential Tricks to Know?

✔Timing is Key!

Make sure to file the I-730 as soon as the principal’s asylum is granted. Delays can introduce new challenges, and we want to avoid that if we can! Don’t forget to obtain the new I-94 for your family member and keep it safe. You will need this important document to adjust your family member's status in the next steps.

✔Prepare a Strong Termination Motion!

Be sure to include the I-730 approval, the updated I-94, and proof of the validity of your marriage. It's important to emphasize that DHS does not oppose, if this is indeed the case.

✔Stay Updated with Policy Changes!

Thanks to recent guidance, courts and DHS are more open to terminations in such cases, especially when clear documentation is provided. Make it a point to know the latest memos and court procedures. Your immigration attorney will be there to support you through all these steps.

✔Plan for a Bright Future!

After termination, your family member might be eligible to apply for a green card after one year as an asylee, and there’s also the wonderful possibility of becoming a U.S. citizen eventually!

Conclusion

Navigating immigration law and removal proceedings can be challenging, especially for families who want to stay together. If you or someone you care about is facing these hurdles, it’s really important to understand your options. The I-730 petition serves as a wonderful tool for family reunification, allowing those granted asylum to bring their loved ones to the U.S.

Successfully filing for derivative asylee status through the I-730 can help families tackle removal issues and soothe concerns about deportation. Remember to act promptly, keep your documentation well-organized, and don’t hesitate to seek assistance from a qualified immigration attorney.

Every case is unique, and having knowledgeable support can truly make a significant difference. With determination and the right approach, you can work towards a future where your family stays together and enjoys a sense of security. Your journey to stability and permanent residency is achievable, so keep moving forward with confidence!