if the congress vote for I-245, will a person under deportation benefit from it too ????
THANK YOU FOR YR INFORMATION..

No, because to qualify for I-245 one must be not in active removal proceedings!

thank you for your reply...

My petition was denied twice...and I am waiting to see a judge...the judge has not ordered the removal yet.
I have not seen him yet..waiting for the INS to send me the letter for that...
so you think I still cannot benefit from the 245 ????
Thank you..

Sam, if you're not in active removal proceedings AND qualify for I-245, and it is re-instated (as you say), I don't see how you wouldn't benefit from it! Good luck!

thank you hanbal and thanks to all those who really take their time to answer questions...
what do you call an active removal proces Hanbal??
You mean when the judge ask you to leave the country ???
THANK YOU SO MUCH...

when the judge "asks" you to leave (it's more an order actually), it's final. I belive active removal proceedings is then INS initiates the process (show cause letter etc.). Good luck to you!

Hanbal,

I am in "active" removal proceedings. (I don't know how removal proceedings would be inactive though) Anyway, the I-130 filed on my behalf is still pending. My only reliefs are AOS and Voluntary Departure...

I am wondering if the judge will ask me, the respondent, if I am accepting the voluntary departure? Or would she proceed without asking me? My attorney told me that I won't accept the voluntary departure, that made me think, the judge is giving that option to you. Honestly, being in a good faith marriage, I wouldn't accept it. Well, if I don't accept it. What are the other options?

thank you hanbal for your reply...
well I have not heard from the INS...I checked with the court (1800 number) and found out that the INS haven't filed anything against me yet..
some people just advised me to re apply again for AOS and try to prove hardship just to avoid any deportation process...
Bushmaster, yes, if the judge order you to leave (I hope not :) you can ask for voluntary departure...
Bushmaster do you have a date when to appear before an Immigration judge or not yet ???
gOOD LUCK

Yes, I have a date, this october, I am in removal proceedings for a year now... The court is waiting for the service center make a decision on the I-130. I also had a change of venue so it came this far...

Good Luck...

The difference in being in "active" removal proceedings or not is the "stop time rule".

An alien can be deportable, but if no proceedings are active, that alien continues to "accrue time" (to qualify for a "chancelation of removal" later on if s/he comes into removal proceedings or for "adjustment of status" purposes. Usually it's 7 yrs. for an LPR, 10 yrs. for an "out of status"

Bush: If you are given the option to "voluntarily leave" in a removal hearing, that means that you've got a slightly better case than someone who doesn't even qualify for that. Some cases demand that the judge examine if the alien qualifies for that option and it draggs the entire case even further. So, if you're not planning on accepting a "voluntary leave", I'm not sure why you would want the judge to ask you that?

Good luck!

Hanbal,

Thanks for the answer,

I qualify for AOS and voluntary departure, those are my reliefs, but the I-130 approval is taking too long after the introduction of IBIS checks as you know... At my last master hearing, the judge put off the case for 2 months to examine the exhibits and to take a look at previous court transcripts, since I had a change of venue...She also wanted to see if the I-130 would be approved by next hearing... Unfortunately, we didn't hear anything yet. First I thought INS NSC is deliberately stalling the approval of I-130 just to get me removed but then being a government agency far from that coordinated action, I sure understood they wouldn't do such a thing...

Some exhibits are also presented to the IJ about my good faith marriage and proof of the wedding planned before proceedings started...

She didn't offer me voluntary departure, but my worries are what if she would be fed up with this I-130 waiting time and want to proceed with the case ? What if she offers voluntary departure at this coming hearing ?

As you know, she could have closed the case and remand it to District Director, but INS attorney always has to object to something...

I sure don't want her to ask me voluntary leave, and I won't accept it, but the question is what if?

tHANK YOU HANBAL SO MUCH FOR YOUR INFORMATION :))

gOod luck Bushmaster :))

Can a person benefit from 245i (if reinstated) if they have already been granted voluntary departure and left? Would the 3/10 year ban still be enacted against this person?

Thanks in advance.

If they leave, they won't be subject to AOS under 245(i)... That's for people who came in the US illegally and apply for AOS employment based or family based...

3/10 year rule will of course ban him, you can file an "extreme hardship" waiver for that one...

In your case, I don't know if they would grant him voluntary departure... Is he charged for that passport thing? That felony might make him ineligible for voluntary leave...

Good Luck, have faith, everything will be alright!

Bushmaster,
NEVER-NEVER apply/agree for Voluntary Departure.I Did and never leave, MY I-130 is approved (1997)and After going thru many Motion to reopen, I ,m not able to get thru to adjust my status. I don,t recommand this.
IF the case is denied then you can still appeal and INS has to open the case and you can adjust the status in front of same judge but in case of voluntary departure INS counsil will not allow to open the case .Reason? lot of work load. believe me

Mohan thanks for the reply, no I won't accept the voluntary departure, my I-130 will be approved, I am in a good faith marriage. I am hoping the judge would close the case without the approval of I-130 upon her findings of my good faith marriage...

I think things could happen this next court hearing, one, the judge would adjourn the case much longer, two, she would order a removal (not voluntary) which we would appeal... So I am in good shape now...

Thanks for the reply again, what is your situation right now? What are you going to do...?

Bushmaster,

Being in good faith marriage does not make the case really strong...even having usc kids does not make things easier all the time...Except if there is any hardship...and I m not talking about a case denied because of criminal or felony thing...
so let's hope that you will get one of thoses liberal judges...see after all, we all hope for tolerance and compassion...racism does not make things any easier or better...

good luck to you Bushmaster..and keep us posted
about your hearing...it's always good to read and learn from someone's else story...

good luck and keep up the fighttttttttt

Thanks for the reply, I really didn't understand your point though...

A good faith marriage is required to get I-130 approved, isn't it? Persons in a good faith marriage can come up with strong evidence about their marriages. There are no felonies, crime records at all on my side... The judge can not adjudicate the I-130, but upon her findings she can remand the case... I believe judges have to examine the cases they handle, don't they? The only problem INS wouldn't want to close the case because the proceedings commenced before the marriage...

I don't know if she is liberal or what, but she seems like a very nice lady, she gave the I-130 2 months to get approved last hearing and now time is up, no approval yet, like she said, she will see what she will do!

Bushmaster,
I am trying to find the way out in my situation which is complicated. Thats true in some cases Even USC childern won't help . I have two. Even I-130 aproval. I don't want to demoralized you but this is my case. coz I took Voluntary departure.
on the other hand you need strong evidence to prove that marriage in god faith. Joint bank account/Telephone bill/Insurance/photographs/Filed taxes etc etc Of course you have good chances even I-130 is panding See BIA decision 3463 or 64 published it will help you Its INS vs , Velarede will give you idea. good luck

Mohan,

I really don't know the answer to your situation, the consequences are clearly stated on the court papers when you fail to depart voluntarily. What happened in your case? Why didn't you leave? Did someone tell you not to?

We have those all "Joint bank account/Telephone bill/Insurance/photographs/Filed taxes etc etc" plus family members statements and stuff...

I just became aware of the BIA decision on that matter yesterday, I am sure my attorney knows about it, the judge knows about it, and I am hoping the judge will follow the BIA decision in my matter.