Getting an immigration court case dismissed may sound negative, but it can actually be good news. At this point, the U.S. government is no longer trying to send a person out of the country. With help from an immigration lawyer in Augusta, you may be able to prepare an argument that leads the government to dismiss your case or get help with what to do next if your case gets dismissed.
The team at Barrios Virgüez Attorneys has a track record of success in immigration court. Our immigration lawyer can help you put together an argument that may lead to a dismissal of your case, offer insights into what to do following a dismissal, and more. To get started, please reach out to us.
An Immigration Court Removal and Dismissal Are Two Very Different Things
Removal proceedings are used to determine if a person is legally allowed to stay in the United States. They begin when the U.S. government finds reason to believe an individual is not a lawful citizen. From here, an immigration judge oversees removal proceedings and makes a decision on whether a person should be taken out of the country.
Comparatively, if an immigration court case is dismissed, the government finds no reason to move forward with it. Some of the reasons why a case in immigration court may be dismissed include:
- A person is a national of the United States.
- A person is deceased.
- A person is no longer living in the country.
- There was not enough evidence to support the case.
The U.S. government views each case for deportation as its own entity. It will be dismissed if the government deems a case does not warrant further review. On the other hand, if the government finds a person illegally in the country, it can conduct removal proceedings.
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You May Still Be Able to Work in the US if Your Deportation Case Gets Dismissed
For those who have a valid work permit and have their deportation case eliminated, they can keep working in the United States. They can continue to utilize their permit until it expires. However, they will not be able to renew their work permit.
If you had a work permit that expired and previously had a dismissal of your case, you can submit a new request for asylum to U.S. Citizen and Immigration Services (USCIS). It is in your best interests to submit your request as soon as you can. Otherwise, if you wait too long, USCIS may try to claim that you submitted your application too late.
Barrios Virgüez Attorneys can connect you with an immigration lawyer who can answer frequently asked questions about what to do if your case gets dismissed. To learn more, please get in touch with us. Our attorney can take a look at your case and help you figure out what you need to do to stay in the United States.
Some People Can Use Their Work Permit After It Expires
There can be times when a deportation case is dismissed, but an individual’s work permit has already expired. For example, you may have already applied to renew your work permit before your case was dismissed, but your permit expires. In this instance, you may be able to stay in the country and continue to work for up to 540 days after your permit’s expiration date.
The 540-day automatic extension time window from USCIS applies to individuals who filed their renewal application before May 4, 2022. This window remains intact for anyone who submits their renewal application through October 26, 2023. After this date, USCIS’s 180-day automatic extension period will apply.
If USCIS receives your renewal application, it will send you a notice to confirm that your automatic extension is in effect. USCIS can terminate the extension period if your application is denied. If this happens, an immigration lawyer can find out why your application was denied and help you respond accordingly.
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An Asylum Case Can Close When an Immigration Court Case Gets Dismissed
If you applied for asylum in immigration court but had your immigration case dismissed, your asylum case is dismissed as well. You will need to decide if you still want to seek asylum. If you do, you can complete an application with USCIS.
Do not wait to submit a new request for asylum. Generally, you have up to one year from when you arrive in the United States to request asylum. Once you send your request, you can apply for a new work permit as well.
You can request a new work permit within 150 days of when you submit a new application for asylum to USCIS. The process to do so works the same way as it would if you were submitting a work permit application for the first time. To streamline this process, it helps to work with an immigration lawyer.
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An Immigration Attorney Can Be a Difference-Maker
You may have lots of questions about how to respond after your immigration case gets dismissed. Fortunately, when you have an immigration law firm at your side, you can avoid mistakes. This firm can put you in touch with a lawyer who can discuss all of the legal options at your disposal and their potential ramifications.
It can be challenging to decide what to do if your deportation case is dismissed. An immigration attorney takes the guesswork out of this process. The lawyer can explain each option available to you, answer any questions you have about it, and help you make an informed decision on how to proceed.
Of course, it helps to perform an extensive search for the right immigration lawyer. As you look for a lawyer, read the attorney’s client testimonials. By doing so, you can get a good idea about what it is like to work with a lawyer and determine if this attorney will meet your expectations.
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Barrios Virgüez Attorneys is here to help you with your immigration case. For more information, please contact us today.