Motion to Reopen Denied After Approved I-130

[rtzh]

Hello forum,

I would appreciate any help I can get on my current situation. My parent and I entered the US in 2002 on tourist visas and overstayed. In 2007, my parent was arrested and eventually put under ICE Supervision and under final order of removal. I became a US citizen recently and filed an I-130 for my parent, which was approved. We then worked with a lawyer to try and get ICE to terminate the deportation proceedings in order to apply for my parent's permanent resident card through USCIS. Unfortunately, ICE did not agree to terminate the proceedings. The lawyer advised that we file a Motion to Reopen with the Immigration Judge on the case. The lawyer said that this was a straightforward and simple case that the Judge should approve. It turns out that the Immigration Judge denied the Motion to Reopen the case today on the grounds that the Motion should have been filed within 90 days of the order of deportation. The lawyer informed the Judge that I had become a naturalized citizen which would make my parent eligible for adjustment of status. The Judge did not accept this argument.

Our lawyer says there is nothing else we can do now. Are there any insights/advice anyone can share with regards to this situation to see if there is anything we can do? I would really appreciate any help!

Thank you for your time!

[gorrie_audny]

Just saw this as I was searching. We are in the same boat as you are. Do you mind giving us an update of what had happened with your case and what actions you took since yours happened in March.

[April_H]

I was put in deportation proceedings even I was married to USC.. just because while my I 130 pending, Uscis typed my name wrong and it made a chain reaction on everything. ice came after 4 month my visa expired.

Anyway I started to see deportation officer every 6 months and we decided to get a lawyer. When we are waiting for answer for I 130, my lawyer was in contact with ice attorney. My I 130 approved, after couple months judge signed my documents to remove the deportation proceedings. But these processes took 2 years with the lawyer. in Austin ,TX. I think court was in San Antonio.

I do not know what is your parents situation was. 5 years staying might be too much for them. May be you can wait and see what the ice will do or wait the judge chance. it is only thing come to my mind. hope everything will be ok somehow for your parents.