Announcement

Collapse
No announcement yet.

deportation and I-130

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

  • deportation and I-130

    I am in deportation processing and I would to know if it is possible to adjust my statut without leaving the country. I got married to a us citizen while I was in deportation processing.

    What should I do to adjust my statut? What provision of law should I use?

  • #2
    I am in deportation processing and I would to know if it is possible to adjust my statut without leaving the country. I got married to a us citizen while I was in deportation processing.

    What should I do to adjust my statut? What provision of law should I use?

    Comment


    • #3
      it is very unlikely that you'd be able to obtain a "chancelation of removal" for being now married with an U.S. citizen (that was an old trick that way too many people abused ad nosum).

      The chancelation of the removal proceedings or the deferral of it are necessary before you can adjust your status! Or once removed, you'd need to obtain a waiver for inadmissablility to adjust in the long run. Your spouse and genuine relationship can be the only support. Good luck!

      Comment


      • #4
        I am in the same situation so let me explain to you;

        The "cancellation of removal for resident aliens non-immigrants" doesn't apply to you.... Unless you resided in the US for more than 10 years and in good moral character... (there are more requirements, so I can post them if you want later)

        Well, now you entered the marriage after the proceedings, you have the burden of proving the INS that the marriage was planned before the proceedings and it was entered in good faith, not to avoid removal.

        You should file your I-130 asap but it will take more time for INS to process it since it is a removal case.

        Mine is in process for 9 months now. The judge will also play an important role in the case, they have the authority to find that your marriage is bona fide or not, they can give you voluntary departure if they wouldn't want to wait till I-130 is adjudicated.

        Plus, the judge will also question the method of your enterance in the US, in one of the hearings I have been to, the judge granted Voluntary Departure to someone who entered the country illegally, but for me, he continued the case until the I-130 is approved.

        Most likely, INS attorney will require an approved I-130 for aggreing to a termination of removal.

        I suugest you to hire an experienced attorney in this area, and file the I-130 asap...

        Comment



        Working...
        X