Motion to Terminate Removal Proceedings

If you have a pending USCIS application (and it is approvable), you may ask the immigration judge to terminate your case so you can pursue relief directly before USCIS.

Why Termination Matters

When proceedings are terminated, your case moves out of immigration court and continues with USCIS. This can sometimes simplify the process and remove the immediate risk of a removal order from the judge.

Filing the Motion

To request termination, you must file a motion to terminate. This motion should:

• Clearly identify your pending USCIS application (such as an I-130, I-485, or other form).

• Show that your case is approvable and within USCIS jurisdiction.

• Include evidence supporting eligibility for the relief you are requesting.

Challenges You May Face

Keep in mind that DHS (the government prosecutor) may oppose termination. Judges often consider both sides, so preparing a well-documented, persuasive motion is critical.

Termination is not guaranteed, but with a strong motion, many applicants are able to move their cases forward successfully.

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This content is for informational purposes only and does not constitute legal advice. Immigration laws and procedures may change. Past results do not guarantee future outcomes. Always consult with a licensed immigration attorney for advice specific to your situation. Viewing this content does not create an attorney-client relationship. This communication may be considered attorney advertising.