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how likely is it to be deported if marred to a us cit and yet have no status?

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  • how likely is it to be deported if marred to a us cit and yet have no status?

    I have had the royal run around from immigration and now find that i have NO status and because i filed the I130 on its own, i have to wait until that is approved before filing I485 and I765. anyone have any idea if its likely that i can be deported? was also told that if i returned to my country, i would not be able to get back into the usa. any ideas? should i go ahead and file the I485 anyway? would appreciate any help or ideas, i am LOST and CLUELESS

  • #2
    I have had the royal run around from immigration and now find that i have NO status and because i filed the I130 on its own, i have to wait until that is approved before filing I485 and I765. anyone have any idea if its likely that i can be deported? was also told that if i returned to my country, i would not be able to get back into the usa. any ideas? should i go ahead and file the I485 anyway? would appreciate any help or ideas, i am LOST and CLUELESS

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    • #3
      Can you be deported? Yes
      Will you actually BE deported? Very unlikely

      If you entered the United States illegaly (ie you snuck in without a visa), then you shouldn't bother with I-485 because it will be denied. You will have to leave the country and then your spouse will have to apply for the I-601 to waive the 10 year bar.
      If you entered the United States with a visa which is now expired, than yes, you should file the I-485. It will most likely be approved if you have no criminal record. In this case, you should NOT leave the United States under any circumstances.
      Have a nice day

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      • #4
        thanks for answering. i entered on a visa waiver for a 90 day visit. i married before the end of the 90 days. i am australian. i have talked to so many ppl from immigration and citizenship and each told me something different. i was told to file the I130 first and now they tell me this is wrong. my husband and i are devastated. i do not wish to work in the usa but u cannot do much without a ssn and status. if something were to happen to my family back home i would not be able to go to them and return. feel its all hopeless now.

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        • #5
          You are likely to be deported.
          You entered in US for 90 days and got married within 90 days means you are mis rep yourselfwhile getting visa. You are intended immigrant who mis represented yourself as visitor but actual intention was marriage( that how it will be looked at your case by INS).

          Filing I-130 will not protect you of deportation, its just an approval of bonafide marriage.
          Its a discussion, not a legal advise..

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          • #6
            I may be wrong, but as long as USCIS has received the I-130, you aren't accumulating unlawful presence to the best of my knowledge.

            However, approval of the I-130 can, at times, be quite a lengthy wait process. I hope for your sake that you are one of the people with a quick approval, so that you can get on with the rest of the AOS process.

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            • #7
              What ever happened to I-485 Supplement A (worth $1000) ??

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              • #8
                very few marraiges actually get denied if you're not EWI. Unless you have a big fat t-shirt that says "im' committing fraud" -- they're all just bark but no bite.

                -= nav =-

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                • #9
                  Spouse you are wrong. I 130 is visa petition not AOS. This can be approved even if you have deportation exists.
                  it didnot protect to issue NTA, Deportation, detention, or illegal presence( Yes, physical clock will be running if NO NTA is issued but it cannot protect you for bar of over stay), excuse of overstay.
                  Its a discussion, not a legal advise..

                  Comment


                  • #10
                    Alex, that was just a temporary thing. It was for people who EWI. It is over. People who marry EWIs are S.O.L.

                    I know a man who married a Brazilian girl who came on a tourist visa. He had met her while studying there and they had been together for a long time. He had no idea about immigration laws. He didn't even bother to look into it. He was too in love to think much about it. He just assumed that everything would work out. He proposed to her the same day she arrived and they went to Tahoe that same week and tied the knot. He planned it all as a surprise.
                    Well, he said that when they went to thier interview, the woman was very mean, especially to his wife. She accused her of immigration fraud. They were stunned, as they didn't think they'd done anything illegal. Somehow they got to go to another interview (I'm not sure if they appealed or what) and the new woman who interviewed them was very nice and stamped the wife's passport. I'm not sure how long the whole process took. The husband sits behind me in a class and I've only chatted casually with him about it. Anyways, I hope it's an encouragement to you. Good luck.
                    Have a nice day

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                    • #11
                      Mohan - Purpose of I-130 form (from the www.uscis.gov) website. "A citizen or lawful permanent resident of the United States may file this form to establish the relationship to certain alien relatives who wish to immigrate to the United States. A separate form must be filed for each eligible relative."

                      Thus, the purpose of the form is to establish a relationship in the eyes of the US government.

                      But you may be right in that unlawful presence does accumulate even after it has been received. I will have to check on this - there are a couple memoranda that I have at home which could verify the point at which unlawful presence is not accumulated.

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                      • #12
                        i,m sure about it. Bonafide marriage didnot protect deportation. Its a visa petition ,not automatic stay of deportation or removal
                        Its a discussion, not a legal advise..

                        Comment


                        • #13
                          Here is what the DOS cable from 04-04-98 says. Thus, as the I-130 is not actually an application for change of status it sounds like Mohan is right. However, as previously mentioned it is highly unlikely that you will be deported unless you commit a crime... so, as long as you are still in the country the bar for overstay should not be enacted, and with any luck your process will be relatively quick and your family will be able to visit you here in the USA in the meantime.

                          26. The law also exempts periods of unlawful presence accrued by certain aliens with bona fide asylum applications pending, beneficiaries of family unity protection, and battered women and children. See 212(a)(9)(B)(iii)(II)-(IV). In addition, 212(a)(9)(B)(iv) suspends the clock -- for purposes of 9B1 but not/not 9B2 -- for up to 120 days for aliens with pending applications for extension of stay or change of status, provided the application has timely filed and non-frivolous and the alien did not take up unauthorized employment prior to or during the pendency of the application. INS is preparing regulations which eliminate any unlawful presence if the alien filed the application in a timely manner, provided the application was subsequently granted; consistent with this, aliens should not be considered to have accrued any unlawful presence during the pendency of a successful application for extension or change of status. If a visa applicant who otherwise appears ineligible under 9B claims that he/she benefits from any of these special exemptions or tolling provisions, conoff should not routinely query INS but should instead place the burden on the alien to establish the facts which would fit the alien within the exception.

                          http://www.myimmigration.net/visas/ulp/index.html

                          if perchance you should have a family emergency and need to leave the USA before your change of status, you will be eligible to file for the I-601 waiver. This is a pain in the butt and will delay your return to the USA, but does make returning to the USA a possibility (however, I would avoid this if necessary!)

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                          • #14
                            thanks all for the information, really appreciate it! in the past couple of hours, we have decided to go ahead and send the I485 to the service center that is in receipt of my I130. hopefully they will connect them and they will be processed as a package. in the meantime i will hang tight and try not to commit a crime (fat chance for this old bird!) aside from all of that i would like to say that the customer service people that man the call center at immigration need to get their facts right. i cant believe how many different stories i have been told in the past 7 months! if i had have been set on the right course in the first place, i would have filed all the correct papers together.
                            btw...to the person who asked about why i hadnt filed a supplement A....it isnt necessary as i entered the country legally.

                            Comment


                            • #15
                              Remember to include a photocopy of the receipt notice you got from your I-130 in your I-485 packet. You'll also want to include an application for work authorization, so you can work while waiting for your interview. Also, you may need to send your I-485 to a local district office, depending on where you live. I know that in California, the service center does not process I-485. They go to various district offices (San Francisco, Sacramento, San Diego, etc.) Make sure to double check on the USCIS website before mailing your packet. Make copies of EVERYTHING for your own records, and it would probably be a good idea to use certified mail, although that's not absolutely neccesary.
                              Have a nice day

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