sammy, Marriage in entered in good faith because it was proven the prima facie eligiblity for AOS. That why I 130 was approved. Section 240 will not apply to the alien because he was deported. Deportation proceeding starts with either NTA or OSC. so physical clock was stopped once NTA/OSC issued. so no option there
Let me give you update. After the exhaust in proceedings. Joint motion was filed and Service joined the motion. based upon hardship and deportation was terminated. Alien get into regular proceeding. Case is stalled because parties are into dissulation of marriage. the question is; what is going to happend in this case' IS there an issue of I-270. or just no more AOS" as far I know USCIS got back Jurisdiction once the deportation case is terminated. I never had this situation and I am no longer member of AILA coz this is not my profession. So i cannot ask the network. everyone has different answer. Do the NTA will be Issued again if alien is put into removal?( this time) OR old termi9nated case can be sustained? should alien be into regular proceedings? I know that alien has one window still open to adjustment but . I am looking for concrete answers.
FOR SMART GUY: everyone knows what you are swrote. I,m not here to say how to buy green card. I am only try to discuss the option with the people who want to respect law and eger to obtain legal status in right way.. and not looking for loopholes. There are 13 million illegals out there, ther are here they live here and you cannot do anything about it. Not all of them came from border crossing. there are many genuine cases USCIS try to deport them spend millions of tax payers money. put them into holding faciloities, and remove them , many of them still return back. These people don't want green card, they are not here for green card either. ONLY people who respect this country and its law they want to get GC in legal way and live happy. May be you don't believe but I konw both sides.. its on hand experience. If you know Piesano, south siders, Brothers , skinheads, others then you may know what i,m talking about.
This message has been edited. Last edited by: mohan,
Originally posted by mohan: sammy, Marriage in entered in good faith because it was proven the prima facie eligiblity for AOS. That why I 130 was approved. Section 240 will not apply to the alien because he was deported. Deportation proceeding starts with either NTA or OSC. so physical clock was stopped once NTA/OSC issued. so no option there
Let me give you update. After the exhaust in proceedings. Joint motion was filed and Service joined the motion. based upon hardship and deportation was terminated. Alien get into regular proceeding. Case is stalled because parties are into dissulation of marriage. the question is; what is going to happend in this case' IS there an issue of I-270. or just no more AOS" as far I know USCIS got back Jurisdiction once the deportation case is terminated. I never had this situation and I am no longer member of AILA coz this is not my profession. So i cannot ask the network. everyone has different answer. Do the NTA will be Issued again if alien is put into removal?( this time) OR old termi9nated case can be sustained? should alien be into regular proceedings? I know that alien has one window still open to adjustment but . I am looking for concrete answers.
FOR SMART GUY: everyone knows what you are swrote. I,m not here to say how to buy green card. I am only try to discuss the option with the people who want to respect law and eger to obtain legal status in right way.. and not looking for loopholes. There are 13 million illegals out there, ther are here they live here and you cannot do anything about it. Not all of them came from border crossing. there are many genuine cases USCIS try to deport them spend millions of tax payers money. put them into holding faciloities, and remove them , many of them still return back. These people don't want green card, they are not here for green card either. ONLY people who respect this country and its law they want to get GC in legal way and live happy. May be you don't believe but I konw both sides.. its on hand experience. If you know Piesano, south siders, Brothers , skinheads, others then you may know what i,m talking about.
Come On SAMMY!!! You Know The Truth In Your Heart!!! You Ignore It. GC At Any Cost!!! USA Has The Most Possabilities and Best Chance To Succeed With Far Less Effort Than Other Place In This World! They Even Fool You!!!! Desperation Driven! . Creates New Power and Unbelievable Ability To Decieve! Even You Have Been Deceived!
Mohan, Are you asking what will happen if the alien becomes divorced before or after AOS?
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
there are 13M dirtbag fraudsters in my country....none of them have anything close to an "honest" case....if they were that responsible of an adult, they wouldn't be here....I rest my case. A dirtbag = a dirtbag, no matter how anyone wishes to sugarcoat the label...responsible, law abiding adults obey the laws of every country they are visiting, they don't sneak across borders of soveriegn nations, scam benefits, and enter into fraudulent marriages....that's why we don't such lowlifes in America...because they are nothing but parasites on our society.
This chap's marriage might be real and I'm not questioning the bonafide of his marriage at all. All I'm saying is that the issue is not whether his marriage is real or not; rather how he could be able to adjust his status now given his marriage is being on the verge of dissolving, which was the sole reason for his I-130 to have approved at first place. And as you and I both know very well that approval on I-130 in a marriage based case doesn't necessarily mean marriage was real because in order to get an approval on I-130 in a marriage case petition, a marriage certificate is all petitioner needs. It's just recently USCIS requires to send at least one document that carries both parties' name in there like any bill, bank statement or etc...Just one document is enough.
As for this person's case then I've handled this kind of cases. There is nothing unique in this person's case. I've read your posting well to understand his situation and do know where this person stands as far as his immigration stake goes. As I said earlier that he doesn't really have an option to avoid deportation, to be honest to you. For him to think to adjust his status here is completely out of question nor he would be able to avoid deportation this time. Why? Because he has no case/ground/eligibility to ask the court to adjust his status even when he would be placed on a removal proceeding. His approved I-130 means nothing now even though it's proved as Prima facie eligiblity for AOS. Only shot he has to avoid his deportation and be able to adjust his status is during the removal proceeding which I explained earlier.
As for you saying that INA section 240 will not apply to this person then it depends upon what kind of subsection of INA section 240 we are talking here. I've already told you that INA §240B wouldn't apply to him because this is about Voluntary Departure. Voluntary Departure is granted only once which was already granted to him previously. So yeah, INA section 240B doesn't apply to him, but there are many other subsections of section 240 which could apply to him like § 240A(b)(1). And I also know that physcial clock stopped when NTA/OSC was issued.
"the question is; what is going to happend in this case' IS there an issue of I-270. or just no more AOS"
The honest answer is- No AOS to this person unless judge adjusts his status during a removal proceeding under INA § 240A(b)(1). This is the only and last hope for him, trust me.
"as far I know USCIS got back Jurisdiction once the deportation case is terminated"
Yes, right now USCIS has jurisdiction on him because he is not in a removal proceeding so to say that USCIS lacks any jurisdiction on him. He was previously on a removal proceeding and then immigration court had the sole jurisdiction on him but that removal proceeding has been terminated. So USCIS has sole jurisdiction on his case. They don't know anything of his marriage about to be dissolved. And if they would never find out, they might even approve his application for adjustment if he won't tell the truth of his marriage about to be dissolved and if USCIS won't ask both parties to appear at the interview. USCIS sometime waives the requirement for both parties to appear at the interview once I-130 is already approved. Not always though, but they have been doing this lately. So just say that this guy won't say a word to adjudication officer at his interview about his marriage on the verge of terminating and his wife won't be at the interview as well, then he pretty much be approved. But as you know if ever USCIS would come to know about his marriage being dissolved prior to the interview then not only his LPR be revoked but also he would be deported as well. Well, he is going to be deported anyway at this time unless IJ grants him the relief under INA section 240A(b)(1).
" Do the NTA will be Issued again if alien is put into removal?( this time) OR old termi9nated case can be sustained?
It's totally up to the USCIS. They can issue a new NTA after placing him in a removal proceeding, or reopen the previous deportation case that was terminated. Law does permit them to chose either one in this kind of situation as it deems just to them. But I must say that most of the time they just re-open the previous one. That's what they have been doing for the last 4 years.
"should alien be into regular proceedings?"
Right now this person is in a regular proceeding under the sole jurisdiction of USCIS, but once NTA will be issued or previous deportation be reopened, he won't be under regular proceedings nor will he be under the jurisdiction of USCIS. Right now he is okay because he is not divorced yet.
I hope this helps, Mohan.
Posts: 657 | Location: East Hampton [Long Island], New York [USA] | Registered: 10-08-2003
FOR STUPID GUY: If I told you what I know and who I know you would die of heart attack instantly. But I magnanimously let you leave, for I am Sabuntium the Great and Most Supreme and Magnanimous of ALL!!! Ahahahahaha!!!!
Have all the good s.ex you can, in all the ways you can, for as long as ever you can !
-- Sabuntium The Great
Posts: 928 | Location: Originally from: Galaxy of Centaurus A (also known as NGC 5128) | Registered: 06-26-2008
Thanks for the answer sammy, One point is missed. IJ cannot adjust him anymore, because his deportation case is already terminated. thats how jurisdiction turned over to USCIS. NOw USCIS is the one who do the cross check of his file , equire the file form DACS system, Merge the both Deportation file and Petition files. I was thinking ahead that if NTA will be issued then He can file cencellation of removal and get approved. IF the reopen the previous proceedings then Service Attorney has to file Motion and comply the motion guidelines. I don't know if he want to do extra work. BTW he had his finger printing and security check on pink slip year ago. There was another divorce related question I don't have clue.. What will happend to his child support, If he don't have work permit for work, how he can pay child support? FYI, the alien is from the contry that fall under undeportable countries, ( Similar like , IRAQ, CUBA, etc). This means even he can be detained , he will not be physically removed too.
"IJ cannot adjust him anymore, because his deportation case is already terminated"
That's true. IJ cannot adjust his status as of now because this person is no more in a removal proceeding, but that doesn't mean IJ cannot acquire jurisdiction over him and be able to adjust his status once this person is placed in a removal proceeding in the future. The previous deportation proceeding could be re-opened if USCIS would decide not to issue another NTA. Regardless of whether a new NTA is issued or previous deportation case is re-opened, IJ would acuqire the jurisdiction on this person whenever this person is placed on a deportation proceeding in the future.
"NOw USCIS is the one who do the cross check of his file , equire the file form DACS system, Merge the both Deportation file and Petition files"
That's right. It's because USCIS has full jurisdiction on him as of now. This person is not in a removal proceeding as we speak, so obviously IJ doesn't have any jurisdiction over him. If USCIS won't know anything about his marriage being on the verge of terminating then they might very well approve his case and adjust his status. But once they would know about the termination of his marriage (if this ever happens) or if his wife won't be at his interview if both parties will be required to appear at the interview then USCIS would deny his application for adjustment of status by revoking I-130 right on the spot and would place him on a removal proceeding. Right now USCIS has no idea as to what's going on in his marriage.
"I was thinking ahead that if NTA will be issued then He can file cencellation of removal and get approved"
Yes. He will be able to ask to suspend his removal proceeding and be able to get approval only once he is placed in a removal proceeding which starts by issuance of NTA/OSC. He cannot get NTA/OSC right now because USCIS has no knowledge whatsoever of his marriage about to be terminating.For a person who has not yet been detained by INS, the first step to requesting this waiver is to turn themselves into INS and voluntarily submit to deportation proceedings. Therefore, it is necessary to consult with an attorney before turning yourself into INS.
"he had his finger printing and security check on pink slip year ago"
USCIS will obtain his fingerprints again and will do all the background checks on him again unless he has been done all this recently in connection with his pending AOS if there is any. The old checks cannot be used since they were many years ago.
"What will happend to his child support, If he don't have work permit for work, how he can pay child support?"
It has nothing to do with INS/immigration court because their job is implementing and enforcing immigration laws and not family laws. If they start thinking who will be the provider in the family then they won't be able to deport anyone. People get deported each day from this country and many of them do support their family while being away from this country. So it's not like they can only support their loved-ones while being here. They might not be able to support being away from here as much as they could being here, but they will be able to take care even being away from here if they really want to. The only time this issue can be related to immigration is when showing extreme hardship to alien's relative who is either US citizen or LPR if an alien were to be deported, which is the case with this person. This is one of the requirements should be met when asking IJ to suspend the removal proceeding and adjusting the status. But other requirements must also be met along with this one. Just on this ground, IJ will not suspend the deportation. As far as family court goes on this issue then if he is ordered to pay the child support by a family court judge then the judge might issue an order for his arrest for him being default on his child support but only if his wife would file a motion with the court and inform the court that he is not paying any court ordered child support. If family court judge would know that he is in INS custody then judge might not issue an arrest warrant, but judge would definitely won't accept his excuse of not being able to support his child because he has no work permit. A lot of people work under the table and without papers.
"the alien is from the contry that fall under undeportable countries, ( Similar like , IRAQ, CUBA, etc). This means even he can be detained , he will not be physically removed too"
Well, then this person will remain in INS custody for indefinite time until govt. could find a country for him which will be ready to accept him. There are thousands of aliens in INS detention who were ordered to be deported but either their country doesn't exist anymore or doesn't want to take them back. US govt. keeps try asking other countries to take these people. It takes such a long time but meanwhile they remain detained. This is another problem for this person since it's seemed he would remain in detention for long-long time. And once he is deported, it will be impossible for him to get back here given he would face many bars to re-enter back for many years.
This person should now prepare himself well to defend in immigration court. That's why it's very important for him to contact good lawyers and start working on his strong defense. But keep it in mind that this person MIGHT not be eligible to request cancellation of his removal proceeding if cetain factors/situations apply to his case because an alien in ineligible for this relief whose removal has previously been cancelled under this section or whose deportation was suspended under section 1254 (a) of this title or who has been granted relief under section 1182 (c) of this title, as such sections were in effect before September 30, 1996. So the record of his previous deportation proceeding is very important to determine if he would be eligible for this relief if he were to be placed in a removal proceeding.
Concerning the support issue the states generally do not allow any excuses. Even if a person is in jail that will not waive their liability. This would be no different. Its viewed that the person is responsible for what ever predicament they got themselves into and has no relevance to support obligations.
If the state has a statute making it a crime for failure to pay he may end up doing jail time if there is no way to catch up. Authorized to work or not will not matter.
It may not be up to his wife to enforce this action either. If she is collecting any public assistance the state would file the failure to support charge. And they will.
You voted democrat. This country is not worth sneaking into any more.
Posts: 6052 | Location: San Antonio TX | Registered: 06-08-2007
READ IT.. I wrote the case to know if we still have serious people on the board who take interest into immigration to do the right way to adjustment within the immigration OR this board is still full with dirts. Thats makes me decide if I can be usefull to board, if I should spent more time or not. I guess not..
Hi Mohan,
Just to say that some of us here appreciate the discussion. Don't let the others get into you, there are other others registered here since 2003 - your generaltion - like Swissnut, Sammy and 4N that you could have a meaningful discussion with.
If some posters get away with insulting some people and some races in their respective threads, your discussion about immigration is certainly relevant to the ILW.
Do all the good you can, in all the ways you can, as long as ever you can.
Yes you should spend more time with us here. Do not be discouraged by negative. You have given useful and valuable advice on this board for many years and helped so many.
It is nice to see you back along with Sammy and Swiss and retro effect and others that I may have missed mentioning.
As for your client.... there is always plan C..
divorce quickly and marry new usc to adjust status before nta.
Yes you should spend more time with us here. Do not be discouraged by negative. You have given useful and valuable advice on this board for many years and helped so many.
It is nice to see you back along with Sammy and Swiss and retro effect and others that I may have missed mentioning.
As for your client.... there is always plan C..
divorce quickly and marry new usc to adjust status before nta.
There you go. One more advice on how to destroy USC. And you call us bacteria. It is people like you who turn us into bacteria. You mo the r fuc ker. Stop destroying innocent USC lives for God Sake. As shole s like you should be stoned to death in the midst of Manhattan or better yet turned into fuc king slaves for the rest of their lives. That really ought to send a clear and concise message to others. No wonder people are scared to break the laws in Middle East. The same rule shall apply here. No rights for due course, fu ck the constitution. Swift action and justice. Case Closed.
If Democrats Had Any Brains, They'd Be Republicans
Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!
Yes you should spend more time with us here. Do not be discouraged by negative. You have given useful and valuable advice on this board for many years and helped so many.
It is nice to see you back along with Sammy and Swiss and retro effect and others that I may have missed mentioning.
As for your client.... there is always plan C..
divorce quickly and marry new usc to adjust status before nta.
There you go. One more advice on how to destroy USC. And you call us bacteria. It is people like you who turn us into bacteria. You mo the r fuc ker. Stop destroying innocent USC lives for God Sake. As shole s like you should be stoned to death in the midst of Manhattan or better yet turned into fuc king slaves for the rest of their lives. That really ought to send a clear and concise message to others. No wonder people are scared to break the laws in Middle East. The same rule shall apply here. No rights for due course, fu ck the constitution. Swift action and justice. Case Closed.
Lucky 4me that you were not on ignore at the moment so that I see and capture this post to help Sam document your appaling language.
Yes you should spend more time with us here. Do not be discouraged by negative. You have given useful and valuable advice on this board for many years and helped so many.
It is nice to see you back along with Sammy and Swiss and retro effect and others that I may have missed mentioning.
As for your client.... there is always plan C..
divorce quickly and marry new usc to adjust status before nta.
There you go. One more advice on how to destroy USC. And you call us bacteria. It is people like you who turn us into bacteria. You mo the r fuc ker. Stop destroying innocent USC lives for God Sake. As shole s like you should be stoned to death in the midst of Manhattan or better yet turned into fuc king slaves for the rest of their lives. That really ought to send a clear and concise message to others. No wonder people are scared to break the laws in Middle East. The same rule shall apply here. No rights for due course, fu ck the constitution. Swift action and justice. Case Closed.
Lucky 4me that you were not on ignore at the moment so that I see and capture this post to help Sam document your appaling language.
4N, don't stoop down to his level. Some posters here can't disagree with other people without calling them all m__f___s.
You can't teach breeding to some, it's part of one's good character. Either you have it or not.
Do all the good you can, in all the ways you can, as long as ever you can.
From what I know the AOS will be canceled once the divorce is final. Or when she no-shows at the interview. He would then get the NTA and be back in front of the IJ. Old case reopened. If reopened couldn't he possible apply for asylum?
You voted democrat. This country is not worth sneaking into any more.
Posts: 6052 | Location: San Antonio TX | Registered: 06-08-2007
One year filing limitstion for asylum cases, I believe.
quote:
Originally posted by davdah: From what I know the AOS will be canceled once the divorce is final. Or when she no-shows at the interview. He would then get the NTA and be back in front of the IJ. Old case reopened. If reopened couldn't he possible apply for asylum?
Posts: 2162 | Location: USA | Registered: 07-25-2003
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.
Don't let the others get into you, there are other others registered here since 2003 - your generaltion - like Swissnut, Sammy and 4N that you could have a meaningful discussion with.
