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asking for help in aos while in exclusion proceedings

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  • asking for help in aos while in exclusion proceedings

    hi
    hello friends
    one of my friend is here in usa illegaly . he applied political asylum and case got denied. and he was ordered exclusion/ its like deportion.
    he got married to us citizen and have child and now he want to adjust his staus.
    can some one help how to proceed further now.
    Dose he need to reopen the old exclusion case or he can apply i-130 and i-485 directly .
    ANYONE HAVE ANY KNOWLEDGE PLEASE HELP WE WILL REALLY APPRECIATE
    THANK YOU FELLOWS
    WAITING FOR YOURREPLY

  • #2
    hi
    hello friends
    one of my friend is here in usa illegaly . he applied political asylum and case got denied. and he was ordered exclusion/ its like deportion.
    he got married to us citizen and have child and now he want to adjust his staus.
    can some one help how to proceed further now.
    Dose he need to reopen the old exclusion case or he can apply i-130 and i-485 directly .
    ANYONE HAVE ANY KNOWLEDGE PLEASE HELP WE WILL REALLY APPRECIATE
    THANK YOU FELLOWS
    WAITING FOR YOURREPLY

    Comment


    • #3
      I believe that if you marry a citizen while you are subject to removal, your spouse can petition on your behalf and enclose an application for Adjustment of Status concurrently. Normally, in these cases, the AJ will stay the removal hearing for a sufficient period of time to allow USCIS to arrange an interview to determine if the marriage is bona fide.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        thank you for replying
        i really appreciate this
        still anybody outhere can help more

        Comment


        • #5
          No.. its not true.

          I130 can be filed for this alien, can be approved by immigration but He cannot file I485 concurrently. His case was already adjucated so he cannot adjust his status unless he open his previous case. Motion to reopen has to be done to open his old proceedings , He must have good case to meet the meritto reopen. once his case is reopen then only he will be able to adjust his status.
          Keep in mind that once he had OSC or NTA issued in his case, ( which he already have when he was put into deporteation proceedings) only court has jurisdiction for 485. Also only the same judge in same state has the jurisdiction over his case, means he has to motion his case in front of same judge only.
          If he do the mistake to file 485 with immigration then he will either be denied Adjustment or May be chances to get detained because of existing exclusion and may be physically deported.
          Its a discussion, not a legal advise..

          Comment


          • #6
            From uiser's post, it sounds like a fair amount of time has transpired since he was denied asylum. Can he still reopen the case after such a long time?
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

            Comment


            • #7
              THANK YOU VERY MUCH MOHAN FOR YOUR KIND ADVISE
              I STILL CONFUSED LOT OF LAWYERS SAYONG I CAN APPLY I 485 DIRECTLY.
              SO IF I APPLY MOTION TO REOPEN THEY DENIED WHAT WILL HAPPEN.
              AND IF THEY DEPORT CAN I BE ABLE TO COME BACK AND HOW LONG IT WILL TAKE
              THANK YOU AGAIN MOHAN

              Comment


              • #8
                HERE IS EXAMPLE:

                _______________________


                By Anonymous on Tuesday, February 20, 2001 - 01:29 pm:
                HI MY NAME IS TEOFI I AM A US CITIZEN AND MY HUSBAND IS UNDOCUMENTED PERSON FROM MEXICO.
                WE RECENTLY SUBMITTED A COMBINE PROCESS ...MY PACKET WAS RETURNED BECAUSE THE INS FOUND THAT MY HUSBAND HAD A VOLUNTARY DEPARTURE FOUR YEARS AGO BUT HE NEVER LEFT THE COUNTRY. WE WERE TOLD TO FILE THE CASE WITH THE IMMIGRATION JUDGE I WANT TO KNOW HOW DO WE DO THAT? ALSO HOW DOES THE MOTION TO RE OPEN WORK?OR WHAT ARE THE STEPS THAT I HAVE TO FOLLOW. THANK YOU


                --------------------------------------------------------------------------------
                By ImmigrationHelp on Tuesday, February 20, 2001 - 06:16 pm:
                Dear Teofi:

                Your husband will have to file a Motion to Reopen with the immigration court. Unfortunately, new immigration laws make it very difficult to have the case re-opened. We suggest, in these types of cases, to consult with an immigration law attorney who has experience in handling these types of motions.

                If you decide to do it on your own, you will have to follow carefully the pertinent immigration regulations contained at 8 C.F.R. 3.23, 208.4, 208.19, 103.5, and 242.22. You can also ask the Immigration Court for any information they may have to help you.

                Good luck.


                SOURCE:
                http://www.immigrationlinks.com/disc...er1720040242pm

                ______________________

                Comment


                • #9
                  I am very clear on that.. I don't care what lawyers saying.
                  Its matter of jurisdiction. who ever told you that you can apply directly with immigration they should check their books and after finding the real answer they shoud burn their JD's. you should ask them the reason how alien be allowed to file concurrently once the jurisdiction turned over to the court..?
                  Again... Juricdiction over I130 always rely within Immigration which is not a court( immigration and immigration court are two different entities.

                  To snappyconifer,
                  in this above posts case can go two ways. I know that fair amount of time is tranpired, means 90 days time period of Motion to reopen is expired and Motion is barred byt the time limit as well as numeric limits,
                  In simple scanerio alien has to motion within 90 days or if time expired then other way is to file motion based upon claiment's country condition changed which has exception of these limit, there is another option which is.....
                  Because alien is married to USC, I 130 was approved, there is a relief become available to alien which was not available at prior hearing, ( this was an error in previous law and was corrected in sometime year 2002, matter of valerde Pachecco, BIA intirm decision)
                  Alien can apply for relief in front of same judge, to do that he has to motion to reopen same case which was adjucated.this has no limitation of time.
                  Its a discussion, not a legal advise..

                  Comment


                  • #10
                    His I130 is approved? Did I miss that somewhere? User1 said he wanted to adjust status, but I read that as meaning that he wants to begin the process of legalizing.
                    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                    Comment


                    • #11
                      in that case he has to file I 130 with immigration alone , he cannot file 130 and 485 concurrently...
                      til his 130 approved he will not be able to adjust his 485. but under the exclusion situation 485 cannot be adjucated by the Immigration, he has to reopen his case in front of same jusge ,same court who ordered exclusion.... period.
                      if you read my above answer, I repeatedly mentioned that 130 will be adjucated by the Immigration, I also mentioned he need to meet the merit to reopen his old case in court, this also includes I 130 approval( if He want to apply for relief)
                      Its a discussion, not a legal advise..

                      Comment


                      • #12
                        Yes. Since he's already past the filing deadline of 90 days, is there a benefit to getting an approved I130, before he petitions to re-open the former case?
                        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                        Comment


                        • #13
                          yes there is.. he will be able to file a motion to reopen based upon approved visa petition. and if motion is granted then he will be able to adjust his status...
                          if not then he will be able to transfer his approved 130 to the consulate in his country by filing 824 and then he can get waiver of overstay and then visa and will come back...
                          Its a discussion, not a legal advise..

                          Comment


                          • #14
                            Correct me if I'm wrong, but in an essence, the only thing that will be achieved by applying (and being granted) I-130 is saving time?

                            Comment


                            • #15
                              no.. getting 130 approved makes alien eligible for relief which is discretionary, also if alien have no other crime or bar , service can join in motion, in many cases IJ can open his own case and adjust alien too.
                              there is not much of time saving in any case.
                              suppose if alien have 130 approved and motion is not granted , still he has to Transfer his approved visa petion to Consulate and Do DCF. which take 11 months or longer.
                              Yeah you can aviod bar of 3 or 10 year because that won't start unless alien leaves the country.
                              Its a discussion, not a legal advise..

                              Comment

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