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Appealing of a court order

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Travolti007

Junior Member
What is the name of your state (only U.S. law)? California

Dir Sir/Madam,
My green card was taken away for overstay. However, i never was outside the US for over a year. I had reasons for the stay abroad. DHS sent me to immigration court and the judge's decision was to terminate the Removal proceedings against me. DHS on the other hand filed to appeal this decision requesting a written appeal process.

First question: am i entitled to get my green card based on the judge's decision? once the appeal decision comes out, they could either keep the card with me or take it back according to the appeals decision? what does the law say in this case?

Second question: shouldn't the cost of the written appeals process be included in the original case cost? if not, what is a fair price charged by an attorney for this process in California?

Third question: is it better to go with a lawyer or on my own in this case? This process is all a written process.

Thanks much...What is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California

Dir Sir/Madam,
My green card was taken away for overstay. However, i never was outside the US for over a year. I had reasons for the stay abroad. DHS sent me to immigration court and the judge's decision was to terminate the Removal proceedings against me. DHS on the other hand filed to appeal this decision requesting a written appeal process.

First question: am i entitled to get my green card based on the judge's decision? once the appeal decision comes out, they could either keep the card with me or take it back according to the appeals decision? what does the law say in this case?

Second question: shouldn't the cost of the written appeals process be included in the original case cost? if not, what is a fair price charged by an attorney for this process in California?

Third question: is it better to go with a lawyer or on my own in this case? This process is all a written process.

Thanks much...What is the name of your state (only U.S. law)?
What exactly were the circumstances?
 

Travolti007

Junior Member
details..

Thank you Dogmatique for your response...

I flew in through the airport and there secondary inspected my passport and asked me about my stay outside. KNowing it was more than 6 months (less than a year though) they sent me to deferred inspection. There i was given the option to either give up the card or go to immigration court.
 

Proserpina

Senior Member
Thank you Dogmatique for your response...

I flew in through the airport and there secondary inspected my passport and asked me about my stay outside. KNowing it was more than 6 months (less than a year though) they sent me to deferred inspection. There i was given the option to either give up the card or go to immigration court.
You will have to wait until the appeals process is all over - technically you're still waiting for the final judgment.

I'd recommend an attorney - you have a lot to lose if it's not all dealt with correctly.
 

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