Sunday, August 26, 2012

Reopen Case

A Hatian National who was ordered deported in 2000 and later married an American citizen. We filed a request with Immigration and Customs Enforcement to join us in a request to reopen his case before the Board of Immigration Appeals. After many months of negotiation with the Office of Chief Counsel Trial Attorney, they agreed to join us and our client will now be able to adjust his status to lawful permanent resident through marriage.
一个海地来的移民, 2000年获得了驱逐令。 后来和一个美国公民接了婚。 我们向美国移民和海关执法部门提出联合申请重新开案的申请。 经过若干个月的协商, 他们同意了。 我们的客人最终获得了绿卡。 
We may be able to do that for you too. 
Under US Immigration Law, when the judge orders deportation or removal of certain individual, the case is closed. However, unknown to many people, it is not always over. 
根据美国移民法律, 当法官下令驱逐后, 整个案件就结束了。 但, 许多人不知道的是, 有的时候不总是这样。 
In the event there is a change of law, or an argument or aspect of the case that was overlooked, your lawyer may request the court to reconsider the case;  whereas if there is a new law, new facts or changed circumstances, a counsel may request the court to reopen the case and to hear the case all over again. 
有的时候, 如果驱逐令下达后90天内, 有的时候案件可以重新打开审理或重新考虑。 请求可以直接向法庭提出。 
Both types of the requests must be made within 90 days of removal order with one exception where the ICE join the motion to reopen. 
The last situation is what we are talking about here. We can represent clients who have deportation order against them but have changed circumstances to move to reopen the case. The success depends on specific case and the time of decision ranges from 6 weeks to 6 months. It may take a few rounds of negotiation with ICE. But overall, it is the last resort for a lot of people and thus it is, in most cases, worthy of trying. A consultation with us may help with accurate assessment. 
可是当90天已经过去了, 法庭就不能直接接收重新开案的申请。 但这也还没有完。 如果美国移民和海关执行部同意联合请求重新开案, 法庭也会重新考虑案件。 这样的请求完全取决于美国移民和海关的判断。 他们的决定一般会在6个星期和6个月之间做出。 欢迎向我们咨询你的机会。