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How to cancel a removal order? Help!

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  • How to cancel a removal order? Help!

    I really need help on this:

    I was ordered to be removed almost 10 years ago because of a denied asylum case, but I had had a temporary legal status before the final decision on that case. About a year and a half ago, I got married, got the approved I-130 and I-485, and got the green card about 6 months ago. I checked two days ago by calling the court and found out that the removal order is still on my record. Should I use EOIR-42B to apply for the cancellation of the removal order?

  • #2
    What prompted you to call the court if you already have your residency approved? I
    AOS PD 7/20/17, sent in 130 & 485 only
    Submitted EAD through AOS April 2018
    AOS approved April 2019

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    • #3
      I've read that the immigration court and USCIS have different jurisdictions. The asylum case was handled by the court while the permanent residence case by USCIS.

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      • #4
        Generally, USCIS doesn't have jurisdiction over Adjustment of Status if you are in removal proceedings, unless you are put into removal proceedings as an "arriving alien" (which it doesn't sound like you were). Jurisdiction for AOS for people in removal proceedings falls to the immigration judge in immigration court. So it's weird that USCIS would have approved your AOS. Did you put that you were in removal proceedings on your I-485?

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          During the interview, the removal order was brought up.

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          • #6
            Why can't I be considered an arriving alien?

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            • #7
              Originally posted by proceedings View Post
              Why can't I be considered an arriving alien?
              Because you said you "had a temporary legal status". So you were admitted. You were not denied entry and put into removal during entry. You were put into removal after entry, so it was not when you were an arriving alien.

              This is my personal opinion and is not to be construed as legal advice.

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