Dismissal Without Prejudice Form For Immigration
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How to fill out Dismissal Without Prejudice?
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FAQ
A motion to terminate removal proceedings based on an approved I-130 is a legal request to stop your deportation process due to an approval of your petition. This motion argues that since your family-based visa is granted, you should not be removed from the U.S. Using a dismissal without prejudice form for immigration can be beneficial in this scenario, as it can pause proceedings while your immigration status is updated. It is essential to prepare a solid case, so legal assistance can be invaluable.
A motion to terminate removal proceedings without prejudice allows you to end your case without permanently affecting your immigration status. This means that if circumstances change, you can refile your application, maintaining your legal options. Understanding this motion can help you effectively navigate the dismissal without prejudice form for immigration.
An immigration judge can grant termination if the Department of Homeland Security (DHS) fails to meet their burden of proof to establish removability, or if DHS failed to properly vest jurisdiction with the immigration court. Termination can also be granted by stipulation or agreement of both parties.
A motion to dismiss is when the government representative declines to pursue charges against an individual in removal proceedings. A motion to terminate is when a respondent requests to end their removal proceedings.
It means that the government is no longer trying to deport you and they are ending your case in immigration court. If you applied for asylum in immigration court and your case was dismissed, your asylum case has also ended, without a final decision.
Termination without prejudice means that the government can restart the removal proceedings after the case is terminated, but the government has to start over with a new Notice to Appear.
Motions to terminate can be based on several different grounds, including an improperly served notice to appear (NTA); a misstatement of facts in the NTA or other incongruity between the facts and the charge; eligibility for an immigration benefit or naturalization; or a legally deficient charge from DHS.
