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    if the congress vote for I-245, will a person under deportation benefit from it too ????

  • #2
    if the congress vote for I-245, will a person under deportation benefit from it too ????


    • #3
      No, because to qualify for I-245 one must be not in active removal proceedings!


      • #4
        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..


        • #5
          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!


          • #6
            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...


            • #7
              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!


              • #8

                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?


                • #9
                  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


                  • #10
                    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...


                    • #11
                      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!


                      • #12

                        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?


                        • #13

                          gOod luck Bushmaster )


                          • #14
                            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.


                            • #15
                              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!