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  • consular adjustment

    I have an approved I-360 (Widower petition) after I was placed on deportation proceeding. For whatever reason, I was advised by my attorney to seek voluntary deportation, and go to my country for consular adjustment. I took the offer, but later I was advised by friends that it was a wrong decision. I now seek to reopen my case which has just recently been transferred to the Circuit Court from the District Court due to the Real ID Act of 2005. It will probably take a long time b/4 my case will be heard because the Ninth Circuit Courts is swamped with thousands of cases.

    If choose to go to my country for consular adjustment, these are the questions I have.

    1. How do I waive the 10-year bar after deportation?

    2. Will marrying my green card holder-fiancée affect my I-360? (She is not filing I- 130)

    3. Can I file the necessary documents to the U.S. embassy in my country from here? (I did not leave the U.S. because of my pending case).

    4. How long does the process take?

    Please advise. Thanks.

  • #2
    I have an approved I-360 (Widower petition) after I was placed on deportation proceeding. For whatever reason, I was advised by my attorney to seek voluntary deportation, and go to my country for consular adjustment. I took the offer, but later I was advised by friends that it was a wrong decision. I now seek to reopen my case which has just recently been transferred to the Circuit Court from the District Court due to the Real ID Act of 2005. It will probably take a long time b/4 my case will be heard because the Ninth Circuit Courts is swamped with thousands of cases.

    If choose to go to my country for consular adjustment, these are the questions I have.

    1. How do I waive the 10-year bar after deportation?

    2. Will marrying my green card holder-fiancée affect my I-360? (She is not filing I- 130)

    3. Can I file the necessary documents to the U.S. embassy in my country from here? (I did not leave the U.S. because of my pending case).

    4. How long does the process take?

    Please advise. Thanks.

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