Announcement

Collapse
No announcement yet.

Voluntary Departure Question

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Voluntary Departure Question

    Hello Everyone,

    If the person took voluntary departure,and get married to USC in the same month, and never leave for 8 years, have US born child, Could he be able to adjust the status?
    What will be the procedure? any help will be appriciated.

  • #2
    Hello Everyone,

    If the person took voluntary departure,and get married to USC in the same month, and never leave for 8 years, have US born child, Could he be able to adjust the status?
    What will be the procedure? any help will be appriciated.

    Comment


    • #3
      for what reason you filed a 1-601

      Comment


      • #4
        IT Depends on when he took VD If he took VD in 1997, he is subject to a 10 year bar for adjusting his status, if prior to 97, then its a 5 year bar from the date he was supposed to depart

        Comment


        • #5
          HE took VD in MARCH 1997. but never left the country. In this case As I understand he will be bared to adjust for 10 years as you said. isn't the Bar will only start idf he leave the country?
          what about he never left? Is he still be able to adjust the status after 10 years?
          Q:
          what is the 10 years start date. is the date IJ issue the VD ? OR the total tome he was in the US?

          please help.

          Comment


          • #6
            You are subject to 3 bars.
            a) bar to status adjustment through 245(i) since
            your departure date.
            b) deportation bar of 10 years.
            c) 3/10 yrs bar for illegle stay.

            First step you should do is:
            when your adjustment of staus bar ends, I am assuming this should end sometime this year.
            Apply for joint Motion to Reopen to INS service.
            If they deny do not give up - they usually do not join in. However, You can apply apply motion with Judge.

            Remember there is numerical limitation on motions, so you make sure your first motion is done when you adjustment of status bar is ended.

            If this does not work.

            You may do the following!

            Apply I-212 and immigrant visa concurrently.
            It all depends if INS approve your I-212; if they
            approve it you may have to leave USA to visit USA embassy in your country; at that time
            counseler may decide either 3/10 yrs of bar applies. If it does; you will be asked to file
            I-601.
            If that is approved. you are good to go.

            it is hard to get out of final order of deportation; you should write to your local congress member to vote in favor of rolling back 1996 toughest immigration laws.
            And allow motions to reopen for US citizen spouses who are under final order unless they are not criminals.
            One advise: get a good lawyer.
            Best of luck!

            Comment


            • #7
              I just noticed Mr. Juju has posted a message with heading "Support Return of Fairness to Immigration Laws". Please read it; if this law passes your will be reliefed big time.

              Good Luck.

              Comment


              • #8
                You are subject to 3 bars.
                a) bar to status adjustment through 245(i) since
                your departure date.
                b) deportation bar of 10 years.
                c) 3/10 yrs bar for illegle stay.

                First step you should do is:
                when your adjustment of staus bar ends, I am assuming this should end sometime this year.
                Apply for joint Motion to Reopen to INS service.
                If they deny do not give up - they usually do not join in. However, You can apply apply motion with Judge.

                Remember there is numerical limitation on motions, so you make sure your first motion is done when you adjustment of status bar is ended.

                If this does not work.

                You may do the following!

                Apply I-212 and immigrant visa concurrently.
                It all depends if INS approve your I-212; if they
                approve it you may have to leave USA to visit USA embassy in your country; at that time
                counseler may decide either 3/10 yrs of bar applies. If it does; you will be asked to file
                I-601.
                If that is approved. you are good to go.

                it is hard to get out of final order of deportation; you should write to your local congress member to vote in favor of rolling back 1996 toughest immigration laws.
                And allow motions to reopen for US citizen spouses who are under final order unless they are not criminals.
                One advise: get a good lawyer.

                Comment


                • #9
                  You are subject to 3 bars.
                  a) bar to status adjustment through 245(i) since
                  your departure date.
                  b) deportation bar of 10 years.
                  c) 3/10 yrs bar for illegle stay.

                  First step you should do is:
                  when your adjustment of staus bar ends, I am assuming this should end sometime this year.
                  Apply for joint Motion to Reopen to INS service.
                  If they deny do not give up - they usually do not join in. However, You can apply apply motion with Judge.

                  Remember there is numerical limitation on motions, so you make sure your first motion is done when you adjustment of status bar is ended.

                  If this does not work.

                  You may do the following!

                  Apply I-212 and immigrant visa concurrently.
                  It all depends if INS approve your I-212; if they
                  approve it you may have to leave USA to visit USA embassy in your country; at that time
                  counseler may decide either 3/10 yrs of bar applies. If it does; you will be asked to file
                  I-601.
                  If that is approved. you are good to go.

                  it is hard to get out of final order of deportation; you should write to your local congress member to vote in favor of rolling back 1996 toughest immigration laws.
                  And allow motions to reopen for US citizen spouses who are under final order unless they are not criminals.
                  One advise: get a good lawyer.
                  Thank You For your explaination. How long the first (A)bar will be Under 245I ?
                  The (B) bar for 10 years is for deprotation but it will start if I leave right?
                  I applied three times for Motion but they did not join. One motion is still panding.
                  Can I be able to apply for I-212 and I-601 while in the US ?
                  One more thing If I check my case status, its only says that IJ awarded VD on date XXXX it never said there is any deportation order or proceeding.
                  I applied for AOS within 1 1/2 month of VD granted. and DID motion in the same time too which is within 90 days time period required by law. Of course IJ made decission after two years ,denied the Motion wrongly Based on untimely filed, and never send me the copy of his decission. i went to check status of my case and found out the dession of IJ and got copy from the INS record room. will it make me overstayted and liable to Bars?

                  Comment


                  • #10
                    It seems you did not appeal VD decision.
                    Your question)bar will be Under 245I ?
                    Ans) If you were granted VD before 1997, very likely this bar is over. Unfortunetely you still can not apply 245(i) with out Motion to reopen approval. because you were under proceedings once.

                    Your question) Bar for 10 years is for deprotation but it will start if I leave right?

                    Ans) If you violated before 1997 it is 5 years after 1997 laws it is 10 years,
                    Yes! it starts when you leave country.

                    Your question) I applied three times for Motion but they did not join. One motion is still panding.
                    Ans) Good Luck with pending one.
                    One thing you can do is try motion to reopen (Sua Ponte) with IJ. As you have exceeded numerical limitation. that' you need MTR SUA - PONTE. Problem with this is; IJ may ask INS to take you on custody on hearing date or just deny your motion or approve it(RISKY).
                    DO NOT do unless you can prove sevear hardships to your spouse/children.
                    Your question) Can I be able to apply for I-212 and I-601 while in the US ?

                    You can only do I-212 while staying in USA.
                    Subsequent its approval; If they approve it (remember you have to document your case in details) then file i-485 once your interview is scheduled then file I-601 only and only if
                    Couseler tells you. You can not file I-601 for purpose of waiving 3/10 yrs bar with out couseler
                    findings and suggestions.

                    Your question)I applied for AOS within 1 1/2 month of VD granted. and DID motion in the same time too which is within 90 days time period required by law.

                    And) What is DTD motion?


                    Good Luck Mohan. I hope you get your papers soon
                    without going further hardships.
                    One advise: Please write to your local congress man to support pro immigration bills. Pelase read Mr. Jujo' message "Support Return of Fairness to Immigration Laws".

                    Comment


                    • #11
                      tHERE is some confusion going on here. Basically, it depends if you were in deportation or removal proceddings. If it was deportation and you were granted VD, Then you are subjected to a 5 year bar from adjusting your status, this starts running from the date you were supposed to leave. For example, if you were supposed to leave by 11/1/97, then you will not be able to adjust until after 11/1/02. Now if you were in removal proceedings, then the bar is 10 years, thus based on the above dates you can't adjust until after 11/1/07. The 3/10 bar only applies if you have left the country and then come back, then you are inadmissible for 3 or 10 years depending on how long you were here in the U.S. From what you posted you never left, thus you are subjected to the VD bars for adjustment of status. Yes, you would have to file a motion to open after your bar is over. Hopefully this helps

                      Comment


                      • #12
                        Mr,Mohammad you seems very knowlagdeable in complicated case like this. Al least I have a kinda direction Now thanks.
                        DTD ? Its not DTD its did.
                        I was granted VD in march 1997, I motion to reopen in april 1997 (IJ) which was denied (wrong dec by IJ)in Sept1999 by the IJ. not timely reason. I did applied in time.
                        I don't know If i was in Deportation or deportation proceedings.also don't know if 5 yrs or 10 years bars under 245i.
                        If I check status ,it shows IJ granted VD in march 1997. It did not says if I have Deportation order or Not.
                        I applied for I-485 in april 1997 with I-130. My I-130 was approved but never heard for I-485.Receipt says that I should get the answer from INS on or Before may 2000. which was passed I was never called for Interview OR finger print etc..
                        I emailed many times to Congressmen too. No reply yet so far.
                        is there any way i can find out the status for I-485.

                        Comment


                        • #13
                          Simliar Case like me.
                          Mohan,s case is similar case like me. Only difference is I Motion VD in front of judge IN NJ . after denial I applied for BIA and got denial also. What should I do Now.

                          Comment


                          • #14
                            My case in NJ and I moved to CA which congressman I should write too. INS says my case should be open in the front of same IJ who grented VD.
                            I have similar case like mohan, only differance is I appeal in BIA too after IJ denied my motion which was denied too.
                            what should I do . any sugesstions?

                            Comment


                            • #15
                              Why did the BIA deny your motion??? If it was because it was untimely, then you have to request INS to join in on the motion. Good luck

                              Comment



                              Working...
                              X