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Immigration Law Associates, PC

Immigration Court States that Certain Cases Should Be Taken Off Calendar to Expedite Court Docket

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The Chief Immigration Judge has stated that in an effort to expedite the court docket and work through the 1.7 million backlog, immigration courts should work to have certain cases taken off the court calendar. This will allow cases that have been stuck in the backlog to get a court date and be heard. The cases that should be taken off the calendar are:

  1. The respondent has a pending application or petition with USCIS (e.g., an 1-130 family based visa petition);
  2. The respondent has a collateral petition pending with another government agency or court which, if favorably adjudicated, would confer eligibility to seek immigration benefits before USCIS (e.g., petition for guardianship in family court as a prerequisite for a Special Immigrant Juvenile petition);
  3. The respondent is eligible to seek asylum before USCIS in the first instance (e.g., pursuant to the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008);
  4. The respondent has an approved visa petition and is waiting for a visa number to become available (e.g., an 1-140 employment-based visa petition);
  5. The respondent has temporary protected status (TPS) or is prima facie eligible for TPS; or
  6. The case involves a respondent who is prima facie eligible for adjustment of status under the Cuban Adjustment Act.

This list is not exhaustive. Currently there are 1.7 million cases in backlog due to the COVID-19 pandemic and this is another effort by the immigration courts to reduce the backlog of cases.

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