Other Immigration Law New Court Date

[wla1123]

My husband's hearing to reopen his deportation hearing has been rescheduled until August 2008. His case was reopened on the St. Cyre Ruling. Before that there was no relief. He has filed his 212 Waiver to apply for Permanent Residence. We waited a year for the hearing that was on July 30, 2007 and when we got to court which is in Illinois, the judge was ill and thus the hearing was rescheduled until September 24, 2007. We arrived from Texas only to be told by the judge that the Government was not ready to proceed due to the fact that they had not criminal history or FBI fingerprints on file. We were devestated. We have been doing bag and baggage hearing for the past 11 years and now when we are ready to reopen for the 212 visa hearing to allow him to file his permanent residence status, the Government is not ready to proceed. So even though my husbands fingerprints and criminal history is on file as he was convicted of 1 count of mail fraud and served 8 months in Federal Prison 1995. Prior to that he was a permanent resident. The Government did not look in the computer to see that his fingerprints were on file. We went to INS and got the prints redone. On the form we were given in the court, it states that we can request an earlier court date. The Judge who has been on this case since 1996 will be retiring in February 2008 and our attorney is 82 years old and in failing health. I want to have the case rescheduled before this judge retires or our attorney does too. What type of letter should I write and do you think they will reschedule the hearing? I just want this business behind us. My husband has obeyed the law and we have been married for 31 years and have 8 grandchildren. I am a US born citizen. Please give me some advice on how we should proceed.

 

[mafioso]

I can't advice you on the type of papers because only your lawyer has enough info on the case to know what kind of emergency hearing he can request per merits of your case. Your lawyer can better advice you on that. But I would tell you, if that judge retires, it could take even 3 years or more if you are not lucky. Some courts would just reassign his case docket at random to different judges and your case would not get priority and would be last on the new judge's docket…..meaning another 5 years on average before getting into the substance of the case…. It all depends ………..some courts work differently. If the case is heard again and the prosecutors try stalling again, you have a high chance of the judge granting the waiver giving the time and pressure you have been living under. Ask your lawyer to file for an emergency or urgent hearing based on what your case qualifies for.

 

[wla1123]

Thank you for your response. I was afraid of that happening. My husband is almost 60 years old and we cannot afford to wait another 5 years. I will contact our attorney to see about getting an earlier date. I want his case heard by this judge and be represented by this attorney. Thank you for your advice.

 

[mafioso]

Good luck!