I took voluntary departure in 1997 from Political Asylum. and applied for family adjustment I-130, I485 in the same month, My I-130 is approved and and as per process time for I-485 , I should get reply before may 2000 but No answer. To adjust the status PoliticalAsylum case has to open.Did manymore then three Motion to reopen but all denied. spend ton of money on lawyers but no result. I have two Citizen Kid ,Wife is citizen too but still there No adjustment not even work permit? can anybody help?
<guest>
Posted
My question to you is, when you took voluntary departure were you in deportation or removal proceedings. It sounds like you were in deportatin proceedings. If that is the case you are barred from adjusting your status for a period of 5 years because you were granted the privilege of voluntary departure but you failed to depart. If you were in removal proceedings the bar is for 10 years. Sounds like this is the reason your motion to reopen was denied
<mohan>
Posted
I was in deportation proceeding. but I thought i was closing this case as I was gonna file afor status adjustment. I was not aware of the procedure of voluntary departure.
<Bushmaster>
Posted
Mohan,
When was your I-130 filed? During the proceedings? How long did it take to get approved and from what service center?
<mohan>
Posted
I-130 was filled in Vermont and was aproved in 1998 within one year.
<mohan>
Posted
Yes , it was during the proceedings
<Bushmaster>
Posted
That's kind of good news, being in proceedings isn't a cause for denying the I-130, it took a year huh? That's bad news, in my case it's only been 8 months now at Nebraska. And plus this IBIS every other 35 days...there were no IBIS checks back in 1998... it seems like it will take more than a year...