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Approved I-130, removable or not?

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  • Approved I-130, removable or not?

    Dear Sirs,

    I'll brief my case as followings:

    - I came into the USA on a B1/B2 visa in Nov,1998 and I overstayed
    till date.
    _ As a brother of a US citizen, I got my petition I-130 approved on
    Oct 17,2001 under the Life Act by the Vermont INS Center.
    _ Later on I married a US citizen who filed for me to adjust status,
    but I withdrew it just before starting the divorce process.
    _ On March 26,2002 I received a removal proceedings letter from the
    INS. A master hearing has been set on Nov. 6,2002. The only
    charge as mentioned is (overstaying).
    _ I have a very clean police record, and paying taxes regularly, id'ed
    and I have a SSN.

    Now, My questions are the followings:

    _ Will my approved brother's petition help me in that hearing,
    and to what extent the judge has the power himself to take into
    consideration and say" OK you may overstay untill you are eligible
    to adjust status?
    _ Can my employer ( a company) help me now by petitioning a labor file?
    _ I Have around 50 papers as defence documents: When I should
    present them: the same hearing day, or before ? taking into
    consideration that I prefer on the same day hoping to gain
    more time.

    _ I believe that my approved petition constitutes a legal and ethical
    obligation by the INS to allow me to overstay as far as I am abiding
    by the law and not doing anything wrong; and that nothing has been
    issued regarding deporting the benificiaries of the Life Act who are living
    in the USA on the basis that we are still illegal is in violation
    of law and commitment: is this idea wrong or right?
    _ I heard that there is a pending version of the Life Act awaiting
    president Bush's approval. Also, There is news that it may allow us
    ,or only the wives and sons to pay $ 1000 fine and let us file
    adjustment of status. Do you think it will help my case and how
    please?
    _ In order to secure a voluntary leave and avoid deportation: is it
    recommended in this case to request so days before the master
    hearing, or it is not so; and can I include this request within my
    defense arguement petition on the same hearing day?

    Best regards,

    Adam
    E-Mail: CHASE6702@yahoo.COM

  • #2
    Dear Sirs,

    I'll brief my case as followings:

    - I came into the USA on a B1/B2 visa in Nov,1998 and I overstayed
    till date.
    _ As a brother of a US citizen, I got my petition I-130 approved on
    Oct 17,2001 under the Life Act by the Vermont INS Center.
    _ Later on I married a US citizen who filed for me to adjust status,
    but I withdrew it just before starting the divorce process.
    _ On March 26,2002 I received a removal proceedings letter from the
    INS. A master hearing has been set on Nov. 6,2002. The only
    charge as mentioned is (overstaying).
    _ I have a very clean police record, and paying taxes regularly, id'ed
    and I have a SSN.

    Now, My questions are the followings:

    _ Will my approved brother's petition help me in that hearing,
    and to what extent the judge has the power himself to take into
    consideration and say" OK you may overstay untill you are eligible
    to adjust status?
    _ Can my employer ( a company) help me now by petitioning a labor file?
    _ I Have around 50 papers as defence documents: When I should
    present them: the same hearing day, or before ? taking into
    consideration that I prefer on the same day hoping to gain
    more time.

    _ I believe that my approved petition constitutes a legal and ethical
    obligation by the INS to allow me to overstay as far as I am abiding
    by the law and not doing anything wrong; and that nothing has been
    issued regarding deporting the benificiaries of the Life Act who are living
    in the USA on the basis that we are still illegal is in violation
    of law and commitment: is this idea wrong or right?
    _ I heard that there is a pending version of the Life Act awaiting
    president Bush's approval. Also, There is news that it may allow us
    ,or only the wives and sons to pay $ 1000 fine and let us file
    adjustment of status. Do you think it will help my case and how
    please?
    _ In order to secure a voluntary leave and avoid deportation: is it
    recommended in this case to request so days before the master
    hearing, or it is not so; and can I include this request within my
    defense arguement petition on the same hearing day?

    Best regards,

    Adam
    E-Mail: CHASE6702@yahoo.COM

    Comment


    • #3
      Your brother's petition will not help you because it is not what is called "current." Petitions for siblings of Amcits are numerically limited, that is, there are fewer visas available annually then people who want them (like the airlines overbooking).thus,even though the petition is approved, even if you took this petition to a consulate they could not issue you a visa until the 'priority date' was reached. If he just recently filed this, you have about a 10-12 yr wait ahead of you and thus cannot adjust status because there is nothing to adjust to.

      Comment


      • #4
        so the all story with 245i is that whom can hide,for the period of waiting for visa number can adjust status here,what is then all point with been grandfathered by 245i

        Comment


        • #5
          Your brother petition will not help at all,Judge will not allow you to stay even you have 100 documents.Do'nt waste your money with attorneys it will not help, moreover you will not be able to come back on any visa for next 10 years due to your overstay---- accept the reality

          Comment



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