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MOHAN OR OTHERS - I-212

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  • MOHAN OR OTHERS - I-212

    MOHAN,
    I HEAR THAT YOU ARE PRETTY KNOWLEDGEABLE. I HAVE POSTED HERE BEFORE. MY HUSBAND WAS IN REMOVAL PROCEEDINGS AND WAS TOLD HE HAD TO LEAVE THE COUNTRY BY MARCH 30, 2001. WE WERE MARRIED MARCH 26, 2001. THE ATTORNEY TOLD US ABOUT 245I. IT TOOK 2 YEARS FOR HIS I-130 TO BE APPROVED, BUT WITH THE HELP OF A CONGRESSMAN IT WAS APPROVED IN MAY. NOW BEFORE WE CAN DO AN AOS WE HAVE TO FILE AN I-212. MY ATTORNEY SAID THAT THE LAST ONE HE FILED WAS APPROVED WITHOUT AN IOTA OF DOCUMENTATION BEHIND IT. HE SAYS IT WILL TAKE BETWEEN 4 AND 6 MONTHS TO APPROVE IT. BUT HE HOPES THAT WITH THE HELP OF THE CONGRESSMAN, IT WILL BE APPROVED QUICKER. WHAT ARE OUR CHANCES?

  • #2
    MOHAN,
    I HEAR THAT YOU ARE PRETTY KNOWLEDGEABLE. I HAVE POSTED HERE BEFORE. MY HUSBAND WAS IN REMOVAL PROCEEDINGS AND WAS TOLD HE HAD TO LEAVE THE COUNTRY BY MARCH 30, 2001. WE WERE MARRIED MARCH 26, 2001. THE ATTORNEY TOLD US ABOUT 245I. IT TOOK 2 YEARS FOR HIS I-130 TO BE APPROVED, BUT WITH THE HELP OF A CONGRESSMAN IT WAS APPROVED IN MAY. NOW BEFORE WE CAN DO AN AOS WE HAVE TO FILE AN I-212. MY ATTORNEY SAID THAT THE LAST ONE HE FILED WAS APPROVED WITHOUT AN IOTA OF DOCUMENTATION BEHIND IT. HE SAYS IT WILL TAKE BETWEEN 4 AND 6 MONTHS TO APPROVE IT. BUT HE HOPES THAT WITH THE HELP OF THE CONGRESSMAN, IT WILL BE APPROVED QUICKER. WHAT ARE OUR CHANCES?

    Comment


    • #3
      Hi, I dont know the answer to your questions but Im going thru something similar. I was wondering what congressman you are using? Ive gone to my Senators office and they dont seem soooo overly willing to help. Thanks and good luck =)

      Comment


      • #4
        HE'S A CONGRESSMAN IN MY DISTRICT IN NEW JERSEY. I DON'T KNOW IF THEY ARE TAKING PEOPLE FROM OUTSIDE THE DISTRICT. I FORGET HIS NAME BUT I'M WORKING WITH HIS CONGRESSIONAL AIDE. HE SEEMS TO HAVE DONE THIS TYPE OF STUFF BEFORE, HE KNOWS EXACTLY HOW TO GO ABOUT DOING IT.

        Comment


        • #5
          how your husband entered ? IF the alien didnot leave after removal proceedings he will be bared for 3-10 years. Bar will only start once he leave the country.
          he was in deportation proceedings he will be deportable too . for both the clause he need two waivers I-212 and I-601.
          Did you filed AOS yet? Congressman can expidite the process but they cannot change the decision from denial OR approval.
          In you case , frankly speaking chances are slim and I have my reasons;
          1) marriage occured after deportation proceedings and at the end of time elapse.
          2) Evidence are not provided.
          its normally presumed that alien are marrying just to avoid the deportation.
          3)I -130 is approval has no effect in this case as deportatrion was before fileing.
          4) AOS is not filed which can be taken as Alien may or may not AOS while within the country.

          Comment


          • #6
            Just to add ;
            I don't know which attorney said that he can file approval 212 without evidence, specially in NEwark.
            broad street center is the worse center I can ever think in immigration offices, they are worse then NYC.

            Comment


            • #7
              HE'S FILING IT AT CHERRY HILL. THAT'S WHAT DEALS WITH THESE TYPES OF CASES. DOES OUR FILING BY THE 245(I) DEADLINE MEAN NOTHING? I THINK YOU DIDN'T QUITE UNDERSTAND MY QUESTION. THE ATTORNEY SAID THAT HE HAD DONE ONE FOR SOMEBODY ELSE AND DIDN'T SUBMIT ANY SUPPORT OR DOCUMENTATION, AND THAT WAS APPROVED AT CHERRY HILL. FOR THIS HE IS WRITING UP LETTERS, AND WE ARE SENDING AFFADAVITS, PLUS THE CONGRESSMAN'S LETTERS/PHONE CALLS. HE TOLD US THAT IT WOULD BE ABOUT 5 MONTHS, BUT PROBABLY QUICKER WITH THE HELP OF THE CONGRESSMAN. WE CAN'T DO THE AOS YET BECAUSE OF THE DEPORTATION. WE WERE MARRIED BEFORE THE DEADLINE FOR MY HUSBAND TO LEAVE AND BECAUSE OF THAT OUR ATTORNEY SAID WE COULD TRY FILING UNDER 245(I).

              Comment


              • #8
                I understand your questions, I know Cheery hill office also deal with these waivers too Newark as well.
                I know your attorney is talking about 245i grandfathered, its not for alien who entered inspected and want to adjust based on married to USC.
                245 i is not for you, IF he entered inspected and then overstay married and want to adjust 245 i not for you.( if your attorney said you should try under 245i then he is completely wrong).
                245 clause i, who entered illigally want to adjust their status , for them they can be grandfathered, if illigal married to USC and file for AOS while 245i is instate he is allowed to adjust his status , not that who entered legally and married and want to adjust.
                I under stand that your attorney filed for someone who need this waiver and got thru. I don't know the that case and the situations but your situation ( you wrote) i can say that in my experience he should file all the evidence or can do point motions to add the evidence for waivers.
                Congressman and writing to BCIS only can expidite the process ( also depends upon the BCIS) but Decision has to come from the brief and evidence provided.

                Comment


                • #9
                  http://www.immigration.gov/graphics/howdoi/hdi245i.htm

                  Read the Note under Background.

                  Comment


                  • #10
                    another quick question mohan. when my husband was in court at the time for the removal proceedings, the judge was told about me, and that we were seeing each other at the time. then, while the tape machine was off, the judge had said to my husband, the best way to stay is to get married "just get married." I am so thoroughly confused by everything. Somebody else who came with my husband, was caught with him and was ordered to leave is in CT. He was married June of last year. He now has his ss# and is awaiting his green card. Crazy!

                    Comment


                    • #11
                      njusc yes thats how the law is. Marriage to USC cures many things so the judge was advicing that if you guys got married, the removal proceedings would have been 'overtaken by events'.

                      Consider.

                      Comment


                      • #12
                        jingling,
                        this was after he told my husband he had to leave by march 30, 2001. he went up to him and said the best thing to do is just get married. now we got married before he was supposed to leave (3/26/01) and people are saying the deportation waiver won't be approved because it looks suspicious that we got married when we did. Damned if you do damned if you don't. Also, on the I-130 it says on the approval letter that this signifies that the individual is in the US and intends to adjust status. Which we intend to do, but can't because of the stupid deportation hanging over his head.

                        Comment


                        • #13
                          Please email info@ myronmorales.com, who is a real lawyer, and he will advice you on this one. I think theres a way out of that. Theres some waiver he'll need to do, but am not sure what its called.

                          Comment


                          • #14
                            Yes , Immigration judge is right, thats the way to get AOS but thr requirement has to be fulfill. OF course it will be suspicious But you have to satisfy them by submitting the evidences.
                            Lets say if you were not married then, OF course you can' have any sort of relief, this time he has the way to get reief.

                            Comment


                            • #15
                              To jingling.
                              its true the marriage cures many thing but it only cures up to a certain level of proceedings not after that. If you are still in proceedings then you have a chance to cure but once the proceedings done, its seldom ( after A long Fight) you get relief.
                              every marriage is questionable if;
                              Alien is on visitor visa and marry within 90 days.
                              2) Alien got final deportation order( final administrative order entered By Immigration Judge).
                              3) Alien got seperated oR divorce is filed before completion of two years.
                              4) Not enough evidence of marriage ( proof of staying togather, insurance, joint lease etc etc).

                              Comment



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