Administrative closure is a type of prosecutorial discretion that the federal
government may exercise with respect to individuals who have been charged
with deportation. When a person’s removal case is administratively
closed, it is taken off of the calendar of the immigration court or the
Board of Immigration Appeals, for an indefinite period of time. Administrative
closure is only a potential remedy for those individuals who have not
yet received a final order of removal. After administrative closure, the
case can only be recalendered if one of the parties requests that it be
put back on the court’s calendar. However, administrative closure
does not grant an individual any sort of legal immigration status. One
ground for administrative closure in a removal case may be an individual’s
eligibility to obtain a
provisional unlawful presence waiver. Qualified individuals can receive this waiver, which waives their unlawful
presence in the United States for 180 days or more, before they depart
the United States in order to appear at a U.S. Embassy or consulate for
an immigrant visa interview. The goal of this process is to decrease the
amount of time that immediate relatives must be separated while going
through the legal immigration process. In order to be eligible to file
a request for a provisional unlawful presence waiver, or
Form I-601A, you must be the beneficiary of an approved immigrant visa petition that
classifies you as an immediate relative of a U.S. citizen. This means
that you must be the spouse, parent, or unmarried child under the age
of 21, of a U.S. citizen. In addition to approved immigrant visa petition
classification, you also must have paid the Department of State immigrant
visa processing fee. There are other eligibility requirements for a provisional
unlawful presence waiver, as well, which include requirements that you
be at least 17 years of age, that refusal of your admission to the U.S.
would cause extreme hardship to your U.S. citizen spouse or parent, and
be physically present in the U.S.
Landerholm Immigration, A.P.C.
is an Oakland immigration law firm whose practice is solely dedicated
to protecting the interests of immigrants who are charged with removal,
but who are seeking to remain in the U.S. We know how to build the strongest
case possible and exercise the best options that available to you in order to
defend you against deportation. Call us today to set up your
free consultation
and discover what assistance we have to offer you and your family.
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