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  • Need advice...Please..Please

    I found this web site too late. I would get advice before processed my immigration process. But still I need advice from anyone that can help me. My immigration problem is very complicated:

    I came in USA on 1989 as a visitor and filed for political asylum. It was denied on 1996 and on 1999 also denied my appeal by BIA. Unfortunately, I didn't leave this country due to my medical problem. Anyway, I got sponsered on 2000 by my good friend of mine (employer:restuarant). Labor certificate/i-140 had been approved. My attorney filed for i-485 on 09/2002. And finally attorney filed for I-212 (application to reenter after deportation) showing my medical problem. In the mean time, I also got EAD card.I am trying to explain about my medical problem below:I have serious ear infaction in both ear. I don't hear without hearing aid. This kind of treatment in my country is not available certified by Doctor. I do have medical history in USA such as in 1993,1997,1998,1999,2000,2002 I did have ear surgery and further treatment needed. I am just trying to be alive here. I never leave this country since I entered. Everything I told my attorney and submitted all the proves(medical records). I didn't want to live here illegally.So I tried my best.
    But I really didn't understand well that if I have to leave this country??
    How much possibility, INS will deport me or consider.
    If INS consider, I have to leave this country and have to reenter in USA?? How long, I have to stay outside of USA? I know american ambassy in my country will not give visa, I know it ..I know it.
    I told my attorney that I can not leave this country because if I don't get treatment in my country, I will have brain abcase which basically I will die without treatment. But my attorney said it is only option I do have. Sometimes I don't understand attorney. How?
    I am not elligable for 245(i)?
    I am not married, no kid, 33 years old.
    Can anybody advice or know about this kind of case, would be appreciated.
    Thank you soo much.

  • #2
    I found this web site too late. I would get advice before processed my immigration process. But still I need advice from anyone that can help me. My immigration problem is very complicated:

    I came in USA on 1989 as a visitor and filed for political asylum. It was denied on 1996 and on 1999 also denied my appeal by BIA. Unfortunately, I didn't leave this country due to my medical problem. Anyway, I got sponsered on 2000 by my good friend of mine (employer:restuarant). Labor certificate/i-140 had been approved. My attorney filed for i-485 on 09/2002. And finally attorney filed for I-212 (application to reenter after deportation) showing my medical problem. In the mean time, I also got EAD card.I am trying to explain about my medical problem below:I have serious ear infaction in both ear. I don't hear without hearing aid. This kind of treatment in my country is not available certified by Doctor. I do have medical history in USA such as in 1993,1997,1998,1999,2000,2002 I did have ear surgery and further treatment needed. I am just trying to be alive here. I never leave this country since I entered. Everything I told my attorney and submitted all the proves(medical records). I didn't want to live here illegally.So I tried my best.
    But I really didn't understand well that if I have to leave this country??
    How much possibility, INS will deport me or consider.
    If INS consider, I have to leave this country and have to reenter in USA?? How long, I have to stay outside of USA? I know american ambassy in my country will not give visa, I know it ..I know it.
    I told my attorney that I can not leave this country because if I don't get treatment in my country, I will have brain abcase which basically I will die without treatment. But my attorney said it is only option I do have. Sometimes I don't understand attorney. How?
    I am not elligable for 245(i)?
    I am not married, no kid, 33 years old.
    Can anybody advice or know about this kind of case, would be appreciated.
    Thank you soo much.

    Comment


    • #3
      You have overcome the previous obstacles in your previous case and since you are now on AOS,with EAD and i presumed with SSN, why do you burden yourself with the past rather focus on the future approval?Be optimistic!

      Comment


      • #4
        Your final adminstrative order enter in 1996 when Ij denied your Political Asylum case. You had bar for 5 years, Under 1990 act, In 1999 you was not entittled for relief,Because you wasn't completed 5years starting your Order of Deportation. 1997 act was started on april 1st 1997, which has 10 years Bar for adjustment of status, but it won't apply to you. Now will be able to adjust your status, You must fill exemption with your I-485. that you are grandfathered Act of 1996 and Under 1990 you have 5 years Bar which is completed, Under this circumstances ask BIA to remand your case to IJ and adjust your status. .. Good luck.

        Comment


        • #5
          Mistake again
          1996 Act started in 1st april 1997.

          Comment


          • #6
            Dear mohan,

            My attorney already filed for i-212 (application to reenter after deportation).
            Do you have any idea if my attorney is thinking to do somethingelse?

            I also told my attorney that I want to adjust my status in USA without leaving this country. So, try do other option that I do have like you mentioned. But attorney said, deportation order already done and passed more than one year., So, only option that I do have is i-212.
            How long it takes ? I already received receipt no# and saying 30 to 90 days!!!
            Please advice .

            Comment


            • #7
              Dear mohan...would you please read . Your first replied gave me hope to have GC without leaving this country. But based on current situation, means I-212 already submitted, please give me some advice for future.

              Thanks a lot

              Comment


              • #8
                I am only giving you advise what I read in your case .You said your case was denied in 1996. and you motion to reopen which was denied.

                Question. Ask , If the case Is denied and you fail to depart within the time allowed isn't it the date of departure is the date of Final adminstrative ordered entered? and the Odere become final if you fail to depart? so your date of deportation is in somewhere in 1996 when the IJ entered the final Order of Denial. So you are Bared for 5 years because you are got deportation in 1996 not in 1997 if the date of final adminstrative order fall on or after april 1st 1997 then the bar will be 10 years.
                As you are not inadmissable any more you can adjust your status.
                When your attorney file for i-212 ? did you completed 5 years after deportation?

                Comment


                • #9
                  IJ denied my political asylum in 1996, but BIA denied my appeal on 1999. i-485 filed on 09/2002
                  and i-212 filed on 10/2002.

                  If bar started from 1996(denied by IJ),then I-212 filed after 5 years bar.

                  Comment


                  • #10
                    Yes , But was it necessary? Ask your attorney when you are allowed to AOS after 5years, why to apply for the I-212 when you can apply for motion on the base of reilef previously not available, and BIA should remand the case back to IJ. ( Remember Same IJ has to open your case and you will adjust the AOS in the front of Judge).
                    You completeted your time(paid for crime) for five years not adjusting your status but after 5 years Bar is not apply to you. Ask your attorney.

                    Comment


                    • #11
                      Dear Mohan,
                      First of all thanks a lot.
                      I don't know about immigration law at all. When one of my friend told me the attorney is very good,I went to that attorney..told everything about my immigration problem. Finally he filed for I-212. Why?.I don't know. Just trusted him and thought good for me. Now I know from you that I-212 was not necessary, but it is too late to tell attorney..isn't? I will ask him anyway. Now whatelse I can do? How long it takes to get answer for I-212?(Receipt says from 30 to 90 days!!)
                      After I-212 processed is completed, will I have any option(your advice) to process my GC in USA?
                      Note that, I don't wanna leave this country to process my GC.
                      Mohan..thanks again.

                      Comment


                      • #12
                        I 212 is waiver for deportation, which will not make it any good in your case. If I wore you I will check in my case if I have inadmisablity or not.
                        If you are inadmisable then you have to file I-601 and you have good ground base on medical condition. If that approves you are in good shape.

                        You are in AOS and you already applied for PA previously.Write me an Email.with your reference I will help you.

                        Comment


                        • #13
                          I am assuming as a result of BIA denial your were
                          under final order. When you were deported under grandfather act of 1996, there are usually two bars.

                          a) you can not adjust your status for 5 years.
                          b) you must stay out of country for 5 years.

                          As per Mohan, you have fulfilled condition "A", but technically conditions "B" is still due as you never left the country.

                          Your attorney filed I-112 which is good only if you leave the country and re-entry after an immigrant visa through counsuler processing.


                          Because you have applied AOS in 2000 so there is almost 12+ months of illegle time that make you inadmissible for 10+ years. SO even your I-112 is approved and you go back to your country, still consuler may apply 10+ years bar that requires a
                          i-601 waiver.Unfortuntely this waiver is only available to USC spouses and children. You definetely must not leave USA under these circumstances.

                          I think there are few options you have.

                          a) Wait till your get your I-112 approved, once this is approved you can mention this waiver when INS raises deportation question.
                          But remember I-112 does not entitile you
                          to remove deportation bar without reentering USA.
                          it will be upto INS if they honor I-112 because you are not going to leave USA.

                          b) You can also apply motion to reopen, and if you have approved I-112. mention it as well.
                          Again, it will be upto INS if they honor I-112 because you are not going to leave USA.

                          I-112 and Motion to reopen requires that you demonstrate extream hardships to your USC spouse/family members as you have learnt in 1997 INS has changed criteria of hardships.

                          On other hand, your medical situation is serious and unfortunate. Anyway, you must mention in your appeals. One thing you must do write your story to all congressmen and senators and president. Tell them how important to rollback 1996 immigration reforms.

                          Good Luck

                          Comment


                          • #14
                            Mohan..you know already about my situatuion. Still the same same situation I have. For I212 and I485 , I do have receipt and still pending.

                            Will I be deported if do register? I am included for 5th group.

                            Please advice.

                            Comment


                            • #15
                              You are more then 10years in this country ASk your Lawyere if NTA is not issued in your case then He can Apply for cencellation of Deportation ASAP.
                              In that case you will not be deported.
                              regarding your case in the same situation, INS don't have jurisdiction on your case, you case should be remanded by the Judge. You have to open your previous case no matter what. There are some issue to do that, Either service has to open their own Motion, or country codition changes, OR your case is remanded by EOIR/ Circuit court.
                              IF any of the above will be done in your case then only you will be able to adjust.
                              You Need to file for Cencellation of deportation ASAP.

                              Comment

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