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  • Facing Possible Deportation

    Need a lot of advise.
    I entered the US legally as a student, graduated, worked for a year(OPT) and got married to a US citizen. We filed all the required paper work but the marriage ended before we could go for an interview and so I withdrew the case. A few months later, I met and married my current husband - an Army officer and we filed all the paperwork again. It was denied because "i was out of status" according to INS and I am currently in deportation proceedings and 5 mths pregnant. We haved refiled form I-130 and have been to the master hearing. Is there anything I should do while waiting for the 2nd court date? Please advise...what's the purpose of the form I-130 at this point???. Can I reapply for a work permit?

  • #2
    Need a lot of advise.
    I entered the US legally as a student, graduated, worked for a year(OPT) and got married to a US citizen. We filed all the required paper work but the marriage ended before we could go for an interview and so I withdrew the case. A few months later, I met and married my current husband - an Army officer and we filed all the paperwork again. It was denied because "i was out of status" according to INS and I am currently in deportation proceedings and 5 mths pregnant. We haved refiled form I-130 and have been to the master hearing. Is there anything I should do while waiting for the 2nd court date? Please advise...what's the purpose of the form I-130 at this point???. Can I reapply for a work permit?

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    • #3
      Ok. First you said "it" was denied because you were "out of status." What was denied I-130 or I-485 or both? If I-485 was denied, was the I-130 approved? I can tell you that the I-130 is not supposed to be denied based on being out of status. Thousands of people have approved I-130s who have absolutely no status here, or even have already been ordered removed, but never left.

      If the I-130 was approved for your current husband you don't need to file it again, it is still valid. You are eligible to adjust status, even if out of status, if you are married to a U.S. citizen, as long as you did not enter the country illegally (i.e. crossing the border without a visa), which is why there is so much marriage fraud. I'm not exactly sure why either the I-130 or the I-485 were denied for being "out of status". If you filed the applications on your own or used a notario or "paralegal" and not a lawyer, this could be the problem. If you live in the Southeast this could also be the problem because the DHS officers there are completely insane and purposely deny applications that they know should be approved. Unfortunate but true.
      Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

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      • #4
        Thanks Senowen. Both our I-130 and I 485 were denied and i live in the northeastern part of the country...I've always been legal....

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        • #5
          Emma7722,

          Have you talked to a JAG officer? I know, usually they are not allowed to get involved in civil law suits and immigration, but I would think, that in these days where they think about deploying every other year, the emotional well being of a soldier, is very important to the Army. The stress you and your husband are going through, is an emotional hardship for a soldier, and therefore JAG usually assist in any way they can.
          It is worth a shot.

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          • #6
            My hunch is you got denied because immigration officer suspects of a marriage to avoid the removal. Your first marriage didn't even last through the adjusment interview, and you quickly married another US citizen only after a few months. In such a circumstance, immigration automatically suspects of a fraud for good measure. (Normally people do not marry again so quickly after a divorce)

            Did the denial letter imply any such possibility?

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            • #7
              Thanks Vegado,
              We will look into speaking with a JAG officer ASAP......


              I agree with you Templar....I did not think through before getting married the first time and knew it was a mistake right away. The denial letter did not imply this possibility though...it just mentioned the fact that I should have left the country after my OPT in Sept. 2005 but I am from a country that is unfortunately suspected for engaging in lots of marriage fraud (that's what the judge said)...

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              • #8
                This is what I keep saying,and people need to understand it finally.Gettting married to a US citizen does not garantee "status",its not if you get married,its how you get married.

                I am sorry for you trouble sweetie,but you gotta see things from the INS point of view...

                You never lef the country as you promised,when u finihned your school here,then you got married,then got divorce and married again...
                now remember a "normal" person never gets married 2 times within 2 years...
                thats why the red flag is up as far INS goes...

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                • #9
                  Point well noted HBKHBK!

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                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Emma7722:
                    I did not think through before getting married the first time and knew it was a mistake right away. The denial letter did not imply this possibility though...it just mentioned the fact that I should have left the country after my OPT in Sept. 2005 but I am from a country that is unfortunately suspected for engaging in lots of marriage fraud (that's what the judge said)... </div></BLOCKQUOTE>
                    That would explain why I-130 was denied. I-130 certainly do not get denied for overstay.

                    If it is indeed the case, I am afraid you'll have an uphill battle. USCIS has a strong circumstantial evidence, and it will be difficult to overturn it, especially if you are from a country that's prone to marriage fraud.

                    You had to refile I-130 because you do not currently have an approved petition on your behalf, thus no basis to ajdust the status.

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                    • #11
                      Where is the immigration court and what is the immigration judge's name? When is your next hearing? Is it a "master" or an "individual"? I know that these are personal questions but the chances of you staying in this country are dependent on the circumstances of your case.

                      If you have a reasonable IJ in a reasonable U.S. circuit, you may still be able to adjust. You will have to refile the I-130 ASAP. You should not file the I-485 again. Wait until the I-130 interview. They will be forced to approve the I-130 if the marriage is real. They are not allowed to deny the I-130 based on being out of status. Then you can refile the I-485 and either the IJ will make a decision, or terminate your proceedings and let USCIS decide.
                      Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

                      Comment


                      • #12
                        Thanks Templar....what you wrote makes sense ...I'm beginning to understand the whole process and why things have happened the way they have. My husband and i may consider relocating to our home country after all...if he can get out of the service

                        Hi Senowen,
                        Immigration Court is in Baltimore and the Judge's initails are JG, Jnr. Next hearing is not till July and I believe it'll be an individual hearing - what's the difference between the 2 - master and individual hearing??? Do you know?? I appreciate your "hunches" ...Thanks!

                        Comment


                        • #13
                          Your judge is kind of middle of the ground, not that bad, not great. An individual hearing is the hearing that determines whether you can stay here or whether you will be deported. A master is just a hearing for the judge and attorneys to figure out what's going on.

                          If you want to stay here you need to find a good attorney. Your attorney should contact the ICE attorney and asked to admin close your case. If that doesn't work, your attorney should ask the IJ to adjourn. File a new I-130 and wait for it to be approved, etc., as decribed below.
                          Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

                          Comment


                          • #14
                            Thanks for all the clarification and the info. We'll weigh our options and go from there. Keep up your great work of helping people out with your 'hunches'. Nice to know there are people out there with a 'wealth' of info!

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