My family”s I-829 petition got rejected previously and a master hearing has been scheduled by the immigration court to take place later this year. However, we have recently decided to leave the USA for good before the hearing. In this case, do we need to do any actions to inform the court that we are not attending the master hearing? If we need to submit an I-407 form to relinquish our PR status, what will be the right timing to do so? Besides, if we need to visit the USA by any chance with a non-immigrant visa (ex: tourist visa) in the future, is there a required time period we should wait before applying for the tourist visa to avoid any visa failures? If so, how much time should we typically need to wait?
Answers
Bernard P Wolfsdorf
Immigration attorneysYou will have to seek voluntary departure from the court and your attorneys can negotiate with the government. I would recommend filing the I-407s after departing or shortly before leaving. Do not be so confident you will get tourist visas after being in removal proceedings. It will be difficult to convince a consular officer to issue another visa for a very long time. The longer you wait the better.
Belma Demirovic Chinchoy
Immigration attorneysYes, you need to work with the government and the immigration judge to terminate the proceedings. Do NOT leave without working this out with the court.
Lynne Feldman
Immigration attorneysYes, you definitely need to coordinate your departure with the court so you are not "removed in absentia." If you do not have counsel I suggest getting counsel to help you prepare the necessary documents.
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