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NTA i-130 i-485 dilemma

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  • NTA i-130 i-485 dilemma

    Hello all, I really need some advice from this forum. I was married and filed for i-130 back in 1995, by my wife. At the time it was then INS where cases took forever, anyway I started having problems with my wife while in the process. She moved out to her mother in Maryland, while she was there we had our interview. Cut long story short my case was denied in 2004 and did not file an appeal because our marriage had crumbled. I got divorced and remarry with three children, my wife is USC, she petition for me asking for a fee waiver which was eventually denied and ask to resubmit with correct fees. Also I received a notice to appear but no date as off yet. Should I still resubmit my I-130 I-485 while waiting for NTA court date, or should my wife do an info pass to know whats going on with the NTA. Very confused.

  • #2
    Hello all, I really need some advice from this forum. I was married and filed for i-130 back in 1995, by my wife. At the time it was then INS where cases took forever, anyway I started having problems with my wife while in the process. She moved out to her mother in Maryland, while she was there we had our interview. Cut long story short my case was denied in 2004 and did not file an appeal because our marriage had crumbled. I got divorced and remarry with three children, my wife is USC, she petition for me asking for a fee waiver which was eventually denied and ask to resubmit with correct fees. Also I received a notice to appear but no date as off yet. Should I still resubmit my I-130 I-485 while waiting for NTA court date, or should my wife do an info pass to know whats going on with the NTA. Very confused.

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    • #3
      If you would file your AOS (I-130/I-485) application now based on your second marriage, it would just be rejected by USCIS for lack of jurisdiction due to issuance of an NTA. You may file it though as one of your relief options during proceedings.

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      • #4
        Thanks Rough Neighbor, really appreciate your thoughts, should I file it though I do not know how CIS wants to go about it, I have read some cases in other forums where people are going through removal proceedings and i-130 and i-485 is in process and when approved they take the approval to the judge. Any good attorney recommendation, live in southern california.

        1st marriage 1992
        file i-130 1995
        EAD sept 1995
        Advance payroll
        interview June 1997
        second interview July 1998
        Intent to deny oct 1998
        Denial 2004

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        • #5
          Question- When do you become overstayer, I am confused. My case was denied in 2004 without any order to leave or NTA, now, filed in i-130 and i-485 and immediately got an NTA that states that I stayed beyond my visa stipulated date. I got EAD and travel documents since 1995 till 2004 when the case was denied. After I sent in another I-130 and i-485 in 2010, I got another denial, so which one do I go by the denial in 2010 or 2004.

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          • #6
            I'd say it would go by the 2004 date. Up to that point there was no denial, just a long wait for the grindingly slow INS/USCIS. You were in legal pending status up until 2004.

            I wouldn't worry about when you became an overstay. It makes no difference now. It's been more than a year of overstay so you are looking at the 10yr ban IF you leave the country.

            As RN said, you could file your current AoS application once in removal proceedings. There are quite a few good immigration lawyers in SoCal. Start by looking here. This guy posts quite regularly on BE.com. I don't have personal experience with him but he's said to be good:

            Stuart I. Folinsky
            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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            • #7
              You need to see a lawyer. The timing of these types of petitions when you have an NTA hanging over your head is critical.

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              • #8
                Hello all, I have I-130 sent to Los Angeles for interview since October 28th 2010, still no interview. I have my Master hearing on Friday January 7th, and now they have a new programm since August of 2010, that if you have a clear and convincing case, it is the discretion of DHS to cancell removal. I have this,wife is USC and have three children, my problem is do not want to get an attorney that will scare me just to make a buck, because I do not have cash to spend since I am not working. Can someone suggest a reasonable attorney in the Los Angeles area. or experience Immigration Paralegal. Please Help.

                Comment


                • #9
                  hi shanaya, your case is not that complicated. If your second I130 has been denied then you need to immediately appeal that decision.
                  Your problem will happen if you have no form of relief. Go there on the 7th and ask for more time to find a lawyer. that should buy you a couple more months.
                  In the mean time however make sure you either resubmit or appeal the denial.
                  Good luck to you and yours

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                  • #10
                    Any appeal will be denied as you are in removal proceedings.

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                    • #11
                      the answer to your question is misleading for some of the answers. You are married second time. When The NTA is issued, USCIS( previously INS) only lost the jurisdiction on your I 485, but not on I 130. I130 always stayed with USCIS. therefore you should have filed I 130only with USCIS. if you did then you must have received the receipt.
                      Next in EOIR court you can produced the receipt, and ask either for differed action or new date till the USCIS answer and take interview, or You can go for cencellation of removal , but cencellation of removal need to have all the three aspect to be met. continuous presence of ten years prior to NTAor OSC( that you have), good moral, and hardship to USC. In your case cencellation of removal can be strong case if you have good attorney, look for good attorney in your area. Good attorney can convince the judge of your new marriage with USC as bonafide and enter in good faith as it was prior to NTA issued, means that you didnot married just to equire the immigration benifits, He can use the grandfathering option of IIRAct of 1996 where your own hardship can be included..
                      The bottome line, you need a good attorney.
                      My advise go to court with attorney only. don't try to do it yourself as you have good chance of getting adjustment and similarily very good chances to blow also if you DIY.
                      If you can't affort, then go for legal service, pro bono attorney. they will help you.
                      Its a discussion, not a legal advise..

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                      • #12
                        Thank you all for your input, met with an attorney yesterday and will keep you posted after Friday, Mohan that was excellent, you were right on the money. God bless.

                        Comment


                        • #13
                          It is too dangerous to live in the US

                          there are too many tornadoes , hurricanes, earthquakes, blizzards

                          don't you get it???

                          California get over 500 earthquakes per day

                          http://earthquake.usgs.gov/ear...uakes/quakes_all.php

                          It just start raining birds in Arkansas and louisiana

                          http://www.39online.com/news/l...tory,0,7247358.story

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                          • #14
                            your welcome shanaya. I hope your attorney also told the same I mentioned.
                            Its a discussion, not a legal advise..

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