info@nyvisalawyer.com

FAQ

Frequently Asked Questions

and the answers

How do I update my address with the Immigration Court?

ONLINE TOOL

ICE has announced that their “online change of address tool” for people in removal proceedings, subject to a removal order or Order of Supervision of some kind, or are otherwise required to keep their address updated with DHS/ICE.

You can find the online tool at this link: https://onlinechangeofaddress.ice.gov/

PAPER FORM

You can still submit a change of address the old fashioned way using a paper form but it’s strongly encouraged that you do it online so you get instant proof of filing that you can print out to avoid any confusion in the future or being blamed for not informing DHS of the address change.

Finally, it’s very important that you remember to also inform the Court of any change of address if you are currently in removal proceedings or required to do so. The Court still uses a  Form EOIR-33, Change of Address/Contact Information available at  through the Department of Justice EOIR website at https://www.justice.gov/eoir/form-eoir-33-eoir-immigration-court-listing.

What is following to join?

After six months, a derivative spouse or child of a principal beneficiary who has been admitted
to the U.S. as an LPR is not considered to be accompanying the principal. Instead, the derivative spouse or child is considered to be “following to join.” As long as the spouse was acquired before the principal’s admission as an immigrant, they may enter any time after the principal’s admission.

A child born subsequent to the principal’s admission, is also eligible to follow to join if the marriage between the principal beneficiary parent and the derivative spouse parent existed before the principal’s admission as an LPR.

Both accompanying and following to join derivatives of a visa petition may not enter the U.S. as permanent residents before the principal beneficiary. And such derivatives will lose their ability to follow to join, if the principal beneficiary naturalizes before the derivatives enter the U.S. with their immigrant visas, or before they adjust status within the United States.

Is there a waiver for drug abuse or addiction finding of inadmissibility?

In general, no waiver is available for adjustment of status and immigrant visa applicants who are found inadmissible because of drug abuse or drug addiction. However, there may be another way to overcome this ground of inadmissibility.

Although a waiver is unavailable for health-related inadmissibility due to drug abuse or addiction, an applicant may still overcome this inadmissibility if his or her drug abuse or addiction is found to be in remission. After being found inadmissible due to drug abuse or drug addiction, an applicant may undergo a re-examination at a later date at his or her own cost. If, upon re-examination, the civil surgeon or panel physician certifies, per the applicable HHS regulations and CDC’s Technical Instructions, that the applicant is in remission, the applicant is no longer inadmissible as a drug abuser or addict.

For asylees and refugees there are waivers available under INA 212(g). See Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility [8 USCIS-PM B] for more information on inadmissibility on account of drug abuse or drug addiction.

Does a noncitizen have a legal right to be put into removal proceedings?

“A noncitizen has no right to be placed in removal proceedings by DHS for the purpose of seeking relief. See Matter of Andrade Jaso and Carbajal Ayala, 27 I&N Dec. 557, 558–59 (BIA 2019) (granting DHS’ motion to dismiss removal proceedings under 8 C.F.R. § 239.2(a)(7) (2018) because the respondent filed a meritless asylum application with USCIS for the sole purpose of seeking cancellation of removal in removal proceedings).” See Matter of H. N. Ferreira, 28 IN Dec. 765 at 768 (BIA 2023).

The decision by DHS to commence removal proceedings is not reviewable by Immigration Judges or the Board. See Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. at 170; Matter of Bahta, 22 I&N Dec. 1381, 1391 (BIA 2000); Matter of G-N-C-, 22 I&N Dec. 281, 284 (BIA 1998); See also Matter of H. N. Ferreira, 28 IN Dec. 765 at 768 (BIA 2023).