Joint Motions to Reopen apply to people who have a final order of deportation, but who qualify for adjustment of status through an immediate relative such as a spouse, parent, or adult child over the age of 21. If the person has a final order of deportation, he or she cannot file for adjustment with immigration because only the judge has jurisdiction. And the judge cannot approve the adjustment because the court case is already closed.

Attorney Sandoval explains that: “In these types of cases what has to be done is to reopen the case in immigration court so that the judge can adjudicate the adjustment of status. Normally to reopen a case in court it has to be done within 90 days after the judge ordered the deportation. But for most people those deportation orders are more than 90 days old. One of the exceptions to the 90-day deadline is if the prosecutor can be convinced to join in the motion to reopen the case. With the new prosecutorial discretion memo that the Department of Homeland Security issued a couple of weeks ago, one of the things they are willing to do is to reopen cases in which there is already a deportation if the person qualifies for adjustment of status. Through this you could reopen the case even if it’s been more than 9.

There is specific guidance for the filing and time frame for Joint Motions to Reopen. Attorney Sandoval encourages anyone who may have a case to contact our office for advice.