What does it mean to have your case dismissed in immigration court?
When an immigration court case is dismissed, it means that you no longer have any open cases in that court and you no longer face deportation. Sometimes you can ask the judge to close your case, but this can be a difficult decision depending on your circumstances.
One of the biggest benefits of closing your case is that you are no longer facing deportation. If you are applying for another form of relief from U.S. Citizenship and Immigration Services (USCIS), such as a U visa or family-based petition, closing your case in immigration court may give you more time while you wait for USCIS to make a decision on your other application.
One of the biggest disadvantages of closing your case is that you will have to start the asylum process all over again with USCIS.
You may find it helpful to contact an attorney to help you make the most appropriate decision for your circumstances. Even if you decide to ask a judge to dismiss your case, the judge may deny your request.
It is also possible that the prosecutor or judge may decide to dismiss your case on their own.
There are three ways to have your case closed in immigration court:
For many asylum seekers in immigration court, a dismissal can be good news. It means that the government is no longer trying to deport you and is dismissing your case in immigration court.
If you applied for asylum in immigration court and your case was dismissed, your asylum case will also be dismissed without a final decision. But if you still want to apply for asylum, you can still apply to USCIS.
One of the biggest benefits of closing your case is that you are no longer facing deportation. If you are applying for another form of relief from U.S. Citizenship and Immigration Services (USCIS), such as a U visa or family-based petition, closing your case in immigration court may give you more time while you wait for USCIS to make a decision on your other application.
One of the biggest disadvantages of closing your case is that you will have to start the asylum process all over again with USCIS.
You may find it helpful to contact an attorney to help you make the most appropriate decision for your circumstances. Even if you decide to ask a judge to dismiss your case, the judge may deny your request.
It is also possible that the prosecutor or judge may decide to dismiss your case on their own.
There are three ways to have your case closed in immigration court:
- Termination: If the government made serious mistakes in your paperwork, if you are eligible for citizenship, or if the government attorney agrees to dismiss your case, the immigration judge may dismiss your case. Once your case is dismissed, it is unlikely that other cases will be filed against you. If you have another petition pending with USCIS, you may continue with that process.
- Administrative Closure: An immigration judge may agree to close your case temporarily for certain reasons. For example, the judge may close your case to give you more time to file another application with USCIS. Or the judge may close your case simply because the government attorney agrees. If the judge agrees to temporarily close your case, it will be removed from the system for the time being, but it may be reopened in the future.
- Dismissal: Sometimes the government can close your case even if you did not ask for it. This is called a dismissal. It is also called prosecutorial discretion.
For many asylum seekers in immigration court, a dismissal can be good news. It means that the government is no longer trying to deport you and is dismissing your case in immigration court.
If you applied for asylum in immigration court and your case was dismissed, your asylum case will also be dismissed without a final decision. But if you still want to apply for asylum, you can still apply to USCIS.