How to consolidate?
- File a Motion to Consolidate
- Request it orally during a court hearing
Who can consolidate cases?
There are two main categories of consolidation:
- based on family relationship
- based on the substance of the case
1. Consolidation of spouses and children under 21 if all are in immigration court.
If you are in the same immigration court but have different dates or different judges, you need to:
- File a Motion to Consolidate
- Or ask the judge orally at the next hearing
If you are in different immigration courts (cities), you need to:
- First transfer the case to the same court as your spouse using a Motion to Change Venue
- Then consolidate the cases using a Motion to Consolidate
2. Consolidation when one family member is in court proceedings and the other is not.
In this situation, cases cannot be consolidated.
You are considered to be in different jurisdictions, and approval of one case does not automatically grant asylum to the other.
To place both cases in the same jurisdiction, you must:
- Contact DHS (ICE officers)
- Or, if you have an I-862 Notice to Appear, contact the court administrator
- Or contact the USCIS Asylum Office if you filed Form I-589 with USCIS and have an I-862
- Or close the court case through Prosecutorial Discretion and consolidate with USCIS
3. Consolidation when one spouse or child entered through Mexico and the other entered with a visa.
In this situation as well, cases cannot be consolidated while jurisdictions differ.
Each person may proceed with their own case and later reunite through a family petition, or take steps to be in the same jurisdiction.
4. Consolidation with adult children, parents, siblings.
- Consolidation may be possible based on the substance of the case if all circumstances and asylum grounds are the same
- A Motion to Consolidate with justification is required
Legal consultation
Attorney - Alina Kats
Attorney - Vitalii Maliuk
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.
