If you have a final order of removal in Connecticut and are married to a U.S. citizen, the Calderon Settlement may provide a pathway to reopen your immigration case and keep your family together. Norte Immigration Law represents Connecticut residents who qualify under this groundbreaking settlement and helps them navigate the complex process of reopening removal proceedings to pursue lawful permanent residency.

Understanding the Calderon Settlement and Removal Orders

The Calderon Settlement is a federal class action settlement approved in January 2025 that impacts certain New England residents with final removal orders who are married to U.S. citizens. This settlement creates a streamlined process for eligible individuals to reopen and dismiss their removal proceedings, clearing the way for them to pursue legal status without the constant fear of deportation.

What Is a Final Order of Removal?

A final order of removal is an immigration court decision directing a noncitizen to leave the United States. These orders are issued after removal proceedings before an immigration judge and can result from various circumstances, including denied asylum applications, overstayed visas, unlawful presence, or other immigration violations. Once a removal order becomes final, it typically prevents individuals from adjusting their status to lawful permanent residency, even if they later become eligible through marriage to a U.S. citizen or other qualifying relationships.

How the Settlement Creates New Opportunities

Under the Calderon Settlement, qualifying Connecticut residents can request that Immigration and Customs Enforcement (ICE) agree to reopen and dismiss their removal cases. This process provides two critical benefits: protection from ICE enforcement actions during the two-year settlement period (unless you pose a public safety threat) and the opportunity to have your removal order dismissed so you can pursue adjustment of status or consular processing for a green card.

Who Qualifies for Relief Under the Calderon Settlement

The settlement applies to a specific class of individuals who meet all eligibility requirements. Understanding whether you qualify is the first step toward reuniting with your family and obtaining legal status.

The Authoritative Eligibility Criteria

To qualify as a class member under the Calderon Settlement, you must meet these requirements:

  • You are married to a U.S. citizen
  • You have a final order of removal and have not departed the United States under that order
  • Your U.S. citizen spouse has filed or will file a Form I-130 Petition for Alien Relative on your behalf, which is either pending or approved
  • You reside in Connecticut, Massachusetts, Rhode Island, Vermont, New Hampshire, or Maine, or you are detained by ICE in one of these states
  • You do not currently have a pending Form I-485 Application to Register Permanent Residence or Adjust Status with USCIS
When Class Membership Begins

It is important to understand that you can become a class member at any time during the two-year settlement period, which runs from January 16, 2025, through January 16, 2027. If you get married to a U.S. citizen during this period, or if your spouse naturalizes and becomes a U.S. citizen, or if you move to Connecticut or another New England state, you may newly qualify for the settlement’s protections and benefits.

Disqualifying Factors

ICE may decline to join a motion to reopen if you present serious negative factors, including a threat to public safety due to serious criminal conduct, a threat to national security, a record of serious immigration benefit fraud, or multiple immigration violations. However, these determinations are made on a case-by-case basis, and many individuals with past immigration violations still qualify for relief under the settlement.

The Trusted Process for Reopening Your Removal Case

Reopening a removal order under the Calderon Settlement requires careful preparation, detailed documentation, and strategic legal advocacy. The process involves multiple steps and strict deadlines that must be followed precisely.

Preparing Your Request to ICE

The first step involves submitting a formal request to the ICE Office of the Principal Legal Advisor (OPLA) asking them to join a motion to reopen and dismiss your removal proceedings. This request must be sent to the designated email address (Calderon-JMTR-Requests@ice.dhs.gov) and must comply with specific requirements established in the settlement agreement.

Your request must include a declaration of your intent to pursue lawful status, documentation proving your marriage to a U.S. citizen, proof that your spouse filed or will file an I-130 petition, evidence of your Connecticut residency, and documentation demonstrating your eligibility for either adjustment of status in the United States or consular processing abroad. Norte Immigration Law helps clients compile comprehensive packages that meet all settlement requirements and present the strongest possible case to ICE.

How ICE Reviews Settlement Requests

Under the settlement terms, ICE has agreed to “presumptively” join motions to reopen for qualifying class members. This means that unless unusual negative factors exist, ICE should agree to support your motion to reopen. ICE will review the facts of each case individually and may request additional information or documentation before making a determination.

The settlement does not guarantee that every request will be granted, which is why having an immigration attorney who understands the nuances of the Calderon Settlement is critical. Our attorneys at Norte Immigration Law prepare requests that anticipate potential ICE concerns and proactively address any issues that might complicate your case.

Filing the Joint Motion with Immigration Court

Once ICE agrees to join your motion, a joint motion to reopen and dismiss will be filed with the immigration court that issued your removal order. Even if your removal order was issued outside of Connecticut or New England, you can still seek to reopen your case under this settlement as long as you currently reside in Connecticut or another qualifying New England state.

If the immigration court grants the motion to reopen and dismiss, your removal order will be vacated. This clears the legal obstacle preventing you from pursuing lawful permanent residency through your U.S. citizen spouse.

Critical Deadline Requirements

All requests to ICE must be submitted by 11:59 PM on January 16, 2027. If you submit your request by this deadline and ICE does not respond until after the deadline, your request is still protected under the settlement agreement. However, preparing a comprehensive request package takes significant time, so you should not wait until the deadline approaches to begin working with an attorney.

Experience That Protects Your Family’s Future

Norte Immigration Law has extensive experience representing Connecticut families facing removal proceedings and fighting to keep loved ones together. We understand the fear and uncertainty that comes with a removal order, and we are committed to using every legal avenue available to protect your right to remain with your family.

Our Approach to Calderon Settlement Cases

When you work with Norte Immigration Law on a Calderon Settlement case, we begin with a comprehensive evaluation of your eligibility and your immigration history. We review your removal order, analyze any criminal history or prior immigration violations, assess your current relationship with your U.S. citizen spouse, and determine the best pathway forward based on your specific circumstances.

We then prepare a detailed request package that presents your case in the most favorable light possible. This includes gathering all required documentation, drafting persuasive declarations that explain your family circumstances and your intent to pursue lawful status, addressing any potential concerns that ICE might raise, and ensuring full compliance with all settlement requirements.

Protecting You from ICE Enforcement During the Settlement Period

One of the most valuable aspects of the Calderon Settlement is the protection it provides from ICE enforcement actions. During the two-year settlement period, ICE’s Boston Enforcement and Removal Operations (ERO) office cannot arrest, detain, or remove class members unless a determination is made that the individual poses a threat to public safety or national security.

This protection allows you to remain with your family in Connecticut while pursuing the reopening of your case and your application for lawful permanent residency. Norte Immigration Law helps ensure that you understand your rights under the settlement and takes immediate action if ICE violates these protections.

Coordinating with Your Adjustment of Status or Consular Processing

Reopening and dismissing your removal order is only the first step. Once your removal order is vacated, you must still complete the process of obtaining lawful permanent residency, either through adjustment of status if you are eligible to apply in the United States or through consular processing at a U.S. embassy or consulate abroad.

Norte Immigration Law provides comprehensive representation throughout this entire process. We coordinate the timing of your motion to reopen with your I-130 petition and subsequent green card application, prepare you for required interviews with USCIS or consular officers, help you apply for any necessary waivers such as the I-601A provisional unlawful presence waiver, and ensure that every step is completed correctly to avoid delays or denials.

What to Expect During the Reopening Process

Understanding what happens after you submit your request to ICE helps reduce anxiety and allows you to prepare for each stage of the process.

ICE’s Review Timeline

After you submit your request to ICE OPLA, they will review your submission and may request additional documentation or clarification. There is no set timeline for how long ICE takes to respond, which is why it is important to submit your request as early as possible during the settlement period. Some cases may receive responses within weeks, while others may take several months.

During this waiting period, the protections of the settlement remain in effect. You are protected from ICE enforcement actions, and you have the right to remain in Connecticut with your family while your case is under review.

Responding to ICE Requests for Additional Information

ICE may request additional evidence to support your case, such as updated marriage documentation, additional proof of your Connecticut residency, clarification about your criminal history or prior immigration violations, or evidence of your spouse’s U.S. citizenship status. Norte Immigration Law responds promptly to these requests and ensures that ICE receives complete and accurate information that supports your eligibility.

What Happens if ICE Agrees to Join Your Motion

If ICE agrees to join your motion to reopen, your attorney will file the joint motion with the immigration court. The immigration judge will then consider the motion and, in most cases, will grant it based on the joint request from both you and the government. Once granted, your removal order will be dismissed, and you will no longer have a removal order preventing you from adjusting your status.

What If ICE Declines to Join Your Motion

If ICE declines to join your motion to reopen, you still have legal options. You may be able to file a motion to reopen on your own without ICE’s support, challenge ICE’s determination through the settlement’s Conflict Resolution process, or explore other forms of relief from removal. Norte Immigration Law evaluates all available options and pursues the strategy most likely to result in success for your case.

Life After Reopening: Pursuing Lawful Permanent Residency

Once your removal order is dismissed, you can move forward with applying for your green card through your U.S. citizen spouse.

Adjustment of Status in the United States

If you are eligible to adjust your status in the United States, you will file Form I-485 with USCIS along with supporting documentation. Eligibility for adjustment depends on how you entered the United States and whether any bars to adjustment apply. Some individuals who entered without inspection or who have certain criminal convictions may not be eligible to adjust status in the United States and must instead pursue consular processing.

Consular Processing and Provisional Waivers

If you must leave the United States to obtain your immigrant visa through consular processing, you may face unlawful presence bars that prevent you from returning to the United States for three or ten years. The I-601A provisional unlawful presence waiver allows certain individuals to apply for a waiver of these bars before leaving the United States, which reduces the time spent separated from family.

Norte Immigration Law has extensive experience with both adjustment of status applications and consular processing, including provisional waiver applications. We help you determine which pathway is appropriate for your situation and guide you through every step of the process.

Why Connecticut Families Trust Norte Immigration Law

Facing a removal order creates enormous stress for families who want nothing more than to remain together. At Norte Immigration Law, we understand what is at stake, and we are committed to providing compassionate, personalized representation that protects your family’s future.

Our Commitment to Your Case

We handle each Calderon Settlement case with the care and attention it deserves. We take the time to understand your unique situation, explain your legal options in clear language, respond promptly to your questions and concerns, and keep you informed throughout every stage of the process. Our goal is not just to reopen your removal case but to help you achieve lawful permanent residency and build a secure future for your family in Connecticut.

Accessible Legal Representation

Immigration law is complex, and the Calderon Settlement involves technical requirements that must be followed precisely. Norte Immigration Law makes this process accessible by providing clear guidance, handling all legal filings and communications with ICE and the immigration court, anticipating potential challenges before they arise, and advocating forcefully for your right to remain with your family.

If you have a removal order and are married to a U.S. citizen, time is limited. The Calderon Settlement provides unprecedented opportunities for Connecticut families, but the window to take advantage of these protections closes on January 16, 2027. Contact Norte Immigration Law today to schedule a consultation and learn how we can help you reopen your removal case and pursue the lawful status you deserve.

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