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voluntary departure question.. lets try the board.

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  • voluntary departure question.. lets try the board.

    I,m came to us in 1993. applied for political asylum( the dumbest thing I have ever done), got voluntary departure in march 1997. got Married to US Citizen. Applied for Motion to reopen within 90days to fulfill the requirement of 8 C.F.R. but judge denied the motion in 1999. reason? untimely appeal. I applied again to open the case to adjust the status To BIA but BiA rejected the appeal because of untimely filling which was true because last decission was not redender to me , I have to take out the copy from the record office from INS. My attorney applied counter consideration within 21 days and we got no answer.
    I have son born Here, US citizen. I found one case which is similar to was aproved and published in BIA Id # 3463.

    on this aproved case behalf I applied again for motion to reconsider and recently got the same answer( denied because it should be applied within 90 days). I have all the proof.
    one more thing , I applied for I-130 and I-485 and my I-130 was aproved in 1998. No knowledge about I-485.
    can anyone help me for this cretical situation what can be done. attorney says we will try but i don't have satisfactory answer from him because its almost 10 years, and nothing happend even i have I-130 aprooved. Help is really appriciated.

  • #2
    I,m came to us in 1993. applied for political asylum( the dumbest thing I have ever done), got voluntary departure in march 1997. got Married to US Citizen. Applied for Motion to reopen within 90days to fulfill the requirement of 8 C.F.R. but judge denied the motion in 1999. reason? untimely appeal. I applied again to open the case to adjust the status To BIA but BiA rejected the appeal because of untimely filling which was true because last decission was not redender to me , I have to take out the copy from the record office from INS. My attorney applied counter consideration within 21 days and we got no answer.
    I have son born Here, US citizen. I found one case which is similar to was aproved and published in BIA Id # 3463.

    on this aproved case behalf I applied again for motion to reconsider and recently got the same answer( denied because it should be applied within 90 days). I have all the proof.
    one more thing , I applied for I-130 and I-485 and my I-130 was aproved in 1998. No knowledge about I-485.
    can anyone help me for this cretical situation what can be done. attorney says we will try but i don't have satisfactory answer from him because its almost 10 years, and nothing happend even i have I-130 aprooved. Help is really appriciated.

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    • #3
      I think you are barred to apply for adjust of status. I am not sure it is 5 years/10 years.
      I am afraid it may be 10 yrs becuse of 1996 laws.

      I think the only solution is to apply for i-212(permission to reapply after deportation) and later apply for visa adjustment.
      You may have to research if you there is any 3/10 yers of bar will apply. You may need to get
      waiver for these bars as well.

      One other question, did you get you EAD? when you applied for 245(i). My brother is in same boat, so I want to find out if he will get any travelling document and EAD, while his adjustment fo status is pending.

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