Niles Lang

Should the applicant have a Notice to Appear before the Immigration Court or EOIR on a date certain and then fail to appear at that specified location date and time an in absentia Removal Order automatically enters against him/her. This order renders the applicant ineligible for future immigration benefits or relief.

 

However, under certain circumstances one may make a Motion to Reopen to the original Immigration Judge and convince him or her that the applicant is meritorious of favorable consideration. If one were to marry a US citizen or have an otherwise valid Immigrant Visa Petition pending, s/he may be able to avail him/herself of the benefit upon convincing the judge that the applicant’s absence was beyond the applicant’s control.

 

The Immigration Judge may reopen the matter to continue the proceedings, the matter may be closed by the government’s joint motion to exercise favorable Prosecutorial Discretion, or the Judge may issue the green card him/herself to those applicants with approved Immigrant Visa Petitions. To see whether you qualify for this benefit consult a professional specialized in this area.