Navigating the complex U.S. immigration process can be daunting. Today, we will talk about removal proceedings and what to do after your removal case gets dismissed.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
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What Should You Do Next?
The issue of removal is certainly stressful for a lot of people. For some, getting out of court is great news because they no longer feel the weight of that removal threat and the stress of these proceedings. However, the dismissal of a removal case can also be a new stressor in itself because of the uncertainty that comes with it.
When we talk about dismissal, we are specifically referring to when a judge decides to dismiss someone’s removal case, or terminate them in court. When this happens, you will no longer be under the jurisdiction of the immigration court system, you will no longer have any upcoming hearings, and you’re no longer facing the threat of a removal order.
We get three common questions in these cases for people who sought asylum in the U.S. and had their removal dismissed.
1. Can I Apply For an Employment-Based Green Card?
One thing to note with the employment-based process is this: if you have overstayed your visa and you get your Labor certification approved, that first part of the process could very well work out and you will get that approval of the labor certification. The second part of that process, however, will require you to answer the question of whether you’re going to try to adjust your status in the U.S. or pursue the process in your home country.
If you’ve overstayed and you have unlawful presence, you never continuously maintained a lawful status in the U.S. In this case, your adjustment of status application will be denied through the employment-based process. Our government will require you to leave the U.S. and go back home to finish the process at a U.S. embassy.
The issue with this is that many people who were in removal to begin with do not have a qualifying relative who could help them to get the waiver needed before leaving the U.S. Without the necessary waiver, known as Provisional Unlawful Presence Waiver, they will be barred from returning to the United States for 10 years in many cases.
2. What Happens To My Employment Authorization Document / Work Permit?
Once your asylum application is no longer pending in court, that’s it. Your asylum application is gone as well, and you’re not supposed to rely on it or use it for any further work because you no longer have a pending asylum application.
So, your EAD will be dismissed as well.
3. Will My Dismissed Removal Be a Problem For Future Filings?
Can you apply for a green card one day even though you have removal on your record?
Yes – if you are eligible for a green card in the future, USCIS will not hold the dismissed removal case against you. But, what they will hold against you is any other immigration violations that are on your record.
In this case, you’ve got to speak with an immigration lawyer about your unique situation. That lawyer can help you to sort out the issue of whether you’re eligible to apply for a green card or not
Planning Your Roadmap to Success
Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.
If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
