Lets see if any of you come up with right answer. Thsi also includes Anyone.( Just want to clear up front that I have someone who are in this situation and had dim hope so I decided to solve this.. I know what should be done in this case ..Just trying to educate some student here because its situation seldom comes. ANSWER IS NOT THAT EASY SO PAY ATTENTION TO EVERY WORD AN PUT YOUR THOUGHT IN IT, THER ARE MANY TERMS THAT SMART PERSON CAN USE AS HINT OF APPLYING THE SEC OF CFR>
alien entered legally in to US and lived in US. Put into deportation proceeding (hint) and granted Voluntary departure with 180 days to depart.. Alien never left, In fact alien got married to USC within the 180days period, filed for adjustment concurrentlly. I 130 was approved. No words on 485( easy answer to this) Aliens family increased, now have one USC child age 9. Alien was picked up and put under immmigration hold. and releaased on POCR. Alien filed joint motion and motion was approved. Deportation was terminated. Alien moved to adjustment but finds out that he is middle of divorce when his Adjusement is still pending.
LETS COME UP WITH ANSWERS THAt what can happend to adjustment. what can be done to get this case adjustment, what should have done in the first place to get adjustment.
Next, you are free to discuss divorce option, child support, custody if you like, because this case have Divorce and immigration tied up in it.. WRITE YOUR ANSWERS NO BS PLEASE.
Alien entered USA legally, yet Never had Any Intention of ever leaving!!!
1. Alien put into deportation proceeding.
2. Alien did not leave.
3. Alien entered deceitful fraudulent marriage out of desperation to save self.
4. some USC will be S C R E W E D!!
Answer : Alien should have returned home and Potential spouse and Alien do it the RIGHT WAY!
Mohan I am sorry, but I don't quite understand what you are writing.
MIR - you are a pessimistic S-O-B! The person had a child from this marriage. How deceitful and fraudulant to have a child!
Obviously you are Too Trusting and Optimistic!!! Having a child with USC is the best tool of all!!!!
I Forgot to mention Situation Probably Cost USA system and Resources over $75,000!! Just Because Alien Had No Intention Of Leaving. USA gave Alien a Gift Of 3 - 6 Months!! Alien Takes Advantage Of USA!!
What a fool one must be to waste time to answer a hypothetical question of such complexity about "someone" who probably exists nowhere except as a figment of mohans' imagination in his own head.
Should anyone face with a cituation like one described above the only rational course of action would be to consult a good, practicing immigration attorney and proceed accordingly.
And if one is too poor to spend couple of thousands $$$ on professional help, then I wonder how such person can get the I-864 approved in the first place.
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
Originally posted by mohan: Lets see if any of you come up with right answer. Thsi also includes Anyone.( Just want to clear up front that I have someone who are in this situation and had dim hope so I decided to solve this.. I know what should be done in this case ..Just trying to educate some student here because its situation seldom comes. ANSWER IS NOT THAT EASY SO PAY ATTENTION TO EVERY WORD AN PUT YOUR THOUGHT IN IT, THER ARE MANY TERMS THAT SMART PERSON CAN USE AS HINT OF APPLYING THE SEC OF CFR>
alien entered legally in to US and lived in US. Put into deportation proceeding (hint) and granted Voluntary departure with 180 days to depart.. Alien never left, In fact alien got married to USC within the 180days period, filed for adjustment concurrentlly. I 130 was approved. No words on 485( easy answer to this) Aliens family increased, now have one USC child age 9. Alien was picked up and put under immmigration hold. and releaased on POCR. Alien filed joint motion and motion was approved. Deportation was terminated. Alien moved to adjustment but finds out that he is middle of divorce when his Adjusement is still pending.
LETS COME UP WITH ANSWERS THAt what can happend to adjustment. what can be done to get this case adjustment, what should have done in the first place to get adjustment.
Next, you are free to discuss divorce option, child support, custody if you like, because this case have Divorce and immigration tied up in it.. WRITE YOUR ANSWERS NO BS PLEASE.
So in short you are asking people to share ways to screw the system and USC as best as possible. By doing this it becomes public and assists more and more fraudsters take that way and be successful in their heinous intentions.
If Democrats Had Any Brains, They'd Be Republicans
Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!
In order to answer a question correctly as it is being put, a test question. It must be written clearly. Based om what you wrote, no AOS approved, no GC, no marriage, no USC who can sponsor. They are finito.
You voted democrat. This country is not worth sneaking into any more.
Posts: 5756 | Location: San Antonio TX | Registered: 06-08-2007
AG could have cancelled removal and adjusted status if the alien was eligible under INA 245 (i)??
quote:
Originally posted by mohan: Lets see if any of you come up with right answer. Thsi also includes Anyone.( Just want to clear up front that I have someone who are in this situation and had dim hope so I decided to solve this.. I know what should be done in this case ..Just trying to educate some student here because its situation seldom comes. ANSWER IS NOT THAT EASY SO PAY ATTENTION TO EVERY WORD AN PUT YOUR THOUGHT IN IT, THER ARE MANY TERMS THAT SMART PERSON CAN USE AS HINT OF APPLYING THE SEC OF CFR>
alien entered legally in to US and lived in US. Put into deportation proceeding (hint) and granted Voluntary departure with 180 days to depart.. Alien never left, In fact alien got married to USC within the 180days period, filed for adjustment concurrentlly. I 130 was approved. No words on 485( easy answer to this) Aliens family increased, now have one USC child age 9. Alien was picked up and put under immmigration hold. and releaased on POCR. Alien filed joint motion and motion was approved. Deportation was terminated. Alien moved to adjustment but finds out that he is middle of divorce when his Adjusement is still pending.
LETS COME UP WITH ANSWERS THAt what can happend to adjustment. what can be done to get this case adjustment, what should have done in the first place to get adjustment.
Next, you are free to discuss divorce option, child support, custody if you like, because this case have Divorce and immigration tied up in it.. WRITE YOUR ANSWERS NO BS PLEASE.
Posts: 2160 | Location: USA | Registered: 07-25-2003
Just Ask!!! . you Should Already Know How It Works Here! You Get What You Can. From the Bad and the good!!!
All I See In This Situation Is DAMAGE!!! For All. And Alot Of $$$$$! Alot Of LUCK!!!!!
THINK!!!!! You Post In A Place Where Almost Every Situation Has Been Here before!!! and NO! This Not Rare!!! It Actually Is and Has Created The Wall You Now Face!!!! Some Very Smart Peeps Out There!!! .
This message has been edited. Last edited by: MakeItRight!,
who gives a mike2007? Throw this dirtbag out...he is nothing but a scam artist...this is why we should eliminate ALL witholding of deportation, especially after some douchebag runs across the street from the immigration court and finds the the ugliest, most desperate cow (lurking about, no doubt, from immigrate2us,net) to marry....the hell with that....deport every stinking illegal now...no exceptions, I don't care how many brats he or she has punched out......send 'em all home...and take that illegal alien supporter Mohan with you...
Originally posted by Someone12: who gives a mike2007? Throw this dirtbag out...he is nothing but a scam artist...this is why we should eliminate ALL witholding of deportation, especially after some douchebag runs across the street from the immigration court and finds the the ugliest, most desperate cow (lurking about, no doubt, from immigrate2us,net) to marry....the hell with that....deport every stinking illegal now...no exceptions, I don't care how many brats he or she has punched out......send 'em all home...and take that illegal alien supporter Mohan with you...
so you mean to say mike2007 = s h i t? LOL
If Democrats Had Any Brains, They'd Be Republicans
Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!
No is not made up story and NO its not my own story either. Case is pending in USCIS office due to incompentcy of USCIS and It was recognised by the USCIS.
I wrote this case because there are Two trans period involved. The deportationproceedings as well as Removal proceedings. This case also highlights that MTR and case reached to exhaust stage and still can be won back by doing right approach.
Nop, 245i does not includes who entered inspected.
AOS is not approved but I 130 was approved. (USCIS does not have jurisdiction over AOS ONce the OSC/NTA was issued on the case. USCIS looses the Jurisdiction, In the process, Only court can adjust the alien )
There is no question of fraudlent marriage, I -130 is approved, Means marriage entered in good faith, Alien have Kid after marriage also proved as an equity towards marriage.
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..
Dude talk s e x, love, Politics, Food (yummy recipes), Music, Funny Stuff. Don't talk, teach or preach breaking the law. What is immigration? Immigration is deceiving USC and breaking laws.
If Democrats Had Any Brains, They'd Be Republicans
Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!
Nop, 245i does not includes who entered inspected.
Is this guy serious???
Same old, "I'll fool you because I am so much smarter than you" fool, masquerading as "serious" poster here.. yeah, right... just check his replies to S12 on the parralel thread...
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
Got it how smarter you are.. It shows here May be 245A is specially created for you then. AND CHECK YOUR REPLY ON EACH AND EVERY POSTINGS>>READ IT AND SEE HOW YOU SOUND.. like a broken record.
Just because an I-130 is approved doesn't prove good faith. Not by a long shot. If it did then there would be no need for two year conditional status, AOS interviews, 751 petitions, etc..
BTW, the court can dismiss the case and put the person back in USCIS at any time. Check out the Howard memo.
You voted democrat. This country is not worth sneaking into any more.
Posts: 5756 | Location: San Antonio TX | Registered: 06-08-2007
Originally posted by mohan: Got it how smarter you are.. It shows here May be 245A is specially created for you then. AND CHECK YOUR REPLY ON EACH AND EVERY POSTINGS>>READ IT AND SEE HOW YOU SOUND.. like a broken record.
Since your dull sarcasm tries to imply that you are the smarter one here, please explain, what relevance the statement "May be 245A is specially created for you then" has to subject matter discussed and to my reply to you in the context of this thread in particular?
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
Discussing of divorce, child custody, spousal alimony, distribution of marital assets and whether or not marriage was bonafide is not relevant here; rather how this person could be able to adjust his status is. Given the facts on his situation, there is not any viable option available in the case in hand except one.
This person's adjustment of status cannot be proceeded/approved even though he has an approved I-130 because his is in the middle of dissolution of his marriage. Approval of I-130 means nothing. It only provides an eligibility to file I-485. Thereby, an approved I-130 in this situation will deem to be revoked/canceled the moment parties seek termination of their marital relationship. So obviously, seeking to adjust the status based on this marriage is completely out of question even though parties might have had a bonafide marriage. Having a child in the marriage doesn't prove the bonafide of the marriage nor does it give the right to adjust status at least until child turns 21 of age.
He has only one option to avoid deportation and be able to adjust his status which is under INA sec. 240A(b)(1). Under this section, the Attorney General MAY cancel the removal proceedings and adjust the status of the this person if this person:
(a) Has continuously lived in the United States for ten years since admission;
(b) Has been a person of good moral character;
(c) Has not been convicted of certain offenses;
He must not have been convicted of an offense under section 212(a)(criminal and related grounds), 237(a)(2)(criminal and related offenses), or 237(a)(3)(failure to register and falsification of documents) where the Attorney General exercises discretion to grant a waiver.
(d) Whose removal would result in hardship to the alien's United States citizen or lawful permanent resident family member. The standard of hardship must be an "exceptional and extremely unusual hardship". Hardship must be only to qualifying relatives will be relevant unlike in the past when law permits a showing of hardship to the individual who was undergoing deportation proceedings. Therefore, unless the applicant has qualifying relatives, s/he is ineligible for suspension of deportation. establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence. And this person has only his 9 yrs old child.
Keep it in mind that cancellation of removal is a discretionary form for relief. This means that even if the applicant meets all the legal requirements, an immigration judge, at his discretion may approve or deny the application. A person whose application is denied in the discretion of the judge may appeal to the Board of Immigration Appeals. However, denials of discretionary applications are not allowed to be challenged in the Federal Courts.
Also, the following factors cannot be used to suspend deportation under hardship requirement-
(1) Economic impacts associated with the deportation,
(2) Difficulty in readjusting to a native country,
(3) Leaving a child with United States' citizenship behind,
(4) No family ties will exist in the United States, and
(5) When a child will be able to get adequate education in the native country.
At last, if this person won't be able to suspend his deportation at this time then he won't be eligible for voluntary departure again because he already got it before. An alien can obtain it only once. And once he leaves the country, he would face many bars, like a 10 yrs bar because of deportation, another 10 yrs bar for being illegal here for such a long time.
He doesn't have much of the options this time, Mohan.
Posts: 524 | Location: East Hampton [Long Island], New York [USA] | Registered: 10-08-2003
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. you Should Already Know How It Works Here! You Get What You Can. From the Bad and the good!!! 
