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dilemma..When to file I-130 or Not?

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  • dilemma..When to file I-130 or Not?

    Canadian Citizen bf gets misdemeanor dui, pays all local penalties, gets put in ICE detention for the dui, gets out on 5k bond, hires Imm Attny, gets married to longtime USC gf.

    IJ says dui is NOT a CMT. US Prosecuting Attny brings up a case from 1955!! Case is Continued..

    Canadian Citizen's Mother dies in Canada, he is not allowed to travel to Funeral in Canada.Imm Attny says he will be deporting himself. He is the executor with his brother of rather large estate in Canada.

    Back to Imm court, Case will not be terminated, due to him NOW being an Overstay during court proceedings. How can they do this?

    Imm Attny gives 2 choices..take VD and leave now to settle estate in Canada and then file I-130 (he will have to stay in Canada for at least 6mo's for interview.

    Or..File I-130 here Now..But says it will take up to 2yrs for him to be able to travel outside of US.

    In the meantime Canadian brother wants him to sign off on the estate.

    Personally, I think it should be fought all the way. But I am not an Atty! It seems as though the Imm Attny and Prosecuting Attny came up with these solutions, the IJ just granted another continuance.

    Any Logical Advice will be appreciated. TY

  • #2
    Canadian Citizen bf gets misdemeanor dui, pays all local penalties, gets put in ICE detention for the dui, gets out on 5k bond, hires Imm Attny, gets married to longtime USC gf.

    IJ says dui is NOT a CMT. US Prosecuting Attny brings up a case from 1955!! Case is Continued..

    Canadian Citizen's Mother dies in Canada, he is not allowed to travel to Funeral in Canada.Imm Attny says he will be deporting himself. He is the executor with his brother of rather large estate in Canada.

    Back to Imm court, Case will not be terminated, due to him NOW being an Overstay during court proceedings. How can they do this?

    Imm Attny gives 2 choices..take VD and leave now to settle estate in Canada and then file I-130 (he will have to stay in Canada for at least 6mo's for interview.

    Or..File I-130 here Now..But says it will take up to 2yrs for him to be able to travel outside of US.

    In the meantime Canadian brother wants him to sign off on the estate.

    Personally, I think it should be fought all the way. But I am not an Atty! It seems as though the Imm Attny and Prosecuting Attny came up with these solutions, the IJ just granted another continuance.

    Any Logical Advice will be appreciated. TY

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    • #3
      Does his attorney think his charges will be a problem getting back in the country if he leaves? The I-130's aren't taking long, you could go and see him.

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      • #4
        Still Learning, I talked to you earlier this year about this.. Yes, I will go to Canada with him, he is my husband now. But it will also disrupt my young daughter's life to do so. But she look's forward to learning French!

        How can DHS charge an Overstay, while in Removal proceedings?

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        • #5
          I thought if the case is still on going in front of the IJ, he won't accrue any overstays unless the IJ determine his status. Maybe I'm confusing this with the I-94 D/S scenario....

          Personally, I would take the VD now as suggested by the attorney and file I-130, depending on how fast the I-130 will be processed. He'll need to be back in Canada anyway, and if the I-130 can be approved within 6 months, you'll have closure by then, which its much better than having to stay in immigration limbo.

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          • #6
            That's what I was thinking... as long as there's nothing to hinder his re-entering the country.... It actually isn't always taking as long as 6 months now.

            Congrats on your marriage :-)

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            • #7
              Thank-you Still Learning..Ok new questions.

              What is the difference between an Inadmissable crime vs deportable/removal crime?

              One would think that if you are "removed" then you would be Inadmissable?? These laws are so confusing!

              Also what is the hierarchy of the law? (CFR'S, USC, or INA).

              I've also been trying to find the Overstay laws..esp while in removal proceedings..

              Any help is appreciated..TY

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