Applying for a green card after abandonment 

Person denied Adjustment due to abandonment of case; We made a Motion to Reopen/Appeal based upon non abandonment. Granted and now person will get Green Card in 30 days

Motion to Reopen — granted: what it means and what comes next

When a motion to reopen is granted, an immigration judge or the Board of Immigration Appeals (BIA) reopens a closed removal case so the court can consider new facts, evidence, or legal arguments. Therefore, a grant restores procedural rights that were lost after final orders and gives the respondent a renewed opportunity to pursue relief (e.g., asylum, cancellation, adjustment, or reopening for changed country conditions). A grant of the motion to reopen is discretionary and often hinges on credible new evidence or a change in law or circumstances.

Why motions to reopen succeed (common grounds)

• New, material evidence not reasonably available at the original hearing (medical reports, vacatur orders, or new witness statements).
• Changed country conditions that create a new basis for asylum, withholding, or protection under CAT.
• Ineffective assistance of counsel where failure to properly present relief was prejudicial.
• Successful post-conviction relief (vacatur or reduced charge) that removes a criminal bar to relief.
  As a result, the motion must clearly explain why the new evidence matters to the merits and why it could not have been presented earlier.

Practical consequences of a grant

• Case reopens and will be scheduled for further proceedings (status conference, new hearing, or remand).
• Relief adjudication resumes: you can introduce the new evidence, call witnesses, and make fresh legal arguments.
• Possible release or bond re-evaluation: if detained, reopening may trigger bond motions or custody reviews.
• Time-sensitive follow-up: respond to scheduling orders, prepare exhibits, and serve DHS/ICE with filings promptly.

Evidence checklist — what helped win the motion

• Certified court orders showing vacatur or sentence changes.
• New medical or psychological evaluations with provider declarations.
• Country-condition reports, news articles, and expert affidavits showing material change.
• Affidavits/witness declarations addressing credibility or previously unavailable testimony.
• Records showing ineffective assistance (emails, timeline of counsel’s actions, and corroborating evidence).
  Organize exhibits with a numbered index and concise declarations that tie facts to legal standards.

Next steps after a grant (best practices)

1. Obtain the written order and read the judge’s reasons carefully — some grants are limited to specific issues.
2. Meet immediate deadlines: produce the full merits packet and serve DHS as ordered. Since the motion to reopen has been granted, all submissions must be timely.
3. Prepare direct evidence and witness lists early; line up experts if needed.
4. Request bond or custody review if detained and the grant supports release.
5. Consider concurrent strategies (adjustment, waivers, or parole) and prepare fallback arguments.

Common pitfalls to avoid

• Treating a grant as the final victory — the merits hearing still decides relief.
• Waiting to gather exhibits: late evidence may prompt another RFE or delay.
• Poorly linked declarations: each exhibit should be referenced by paragraph in the declaration that relies on it.
• Forgetting to update criminal or civil records that were central to removability.

FAQs

Q: Does a granted motion guarantee relief?
A: No. Granting reopens the case so the judge can reexamine the merits; relief still must be proven.

Q: How long until the new hearing?
A: It varies by docket — often weeks to months. Therefore, prepare materials immediately.

Q: Can DHS appeal a grant?
A: Yes — DHS may appeal or seek supervisory review to challenge the grant.

How we help

We prepare airtight motions to reopen (BIA and immigration-court filings), assemble certified exhibits, draft persuasive declarations, and coordinate expert testimony. After a grant, we build the merits packet, handle bond strategy if detained, and represent you at the merits hearing and on appeal if needed. Schedule an urgent file review so we can confirm deadlines and preserve your rights.

Disclaimer: General information, not legal advice. Case outcomes depend on facts, timing, and current law.