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  • I-130 complications

    I have a couple of questions:
    1) We have an I-130 filed on July 2000 sent to the Laguna Nigel, and resent to our local INS office on july 2001, ever since, we haven't heard an iota from the INS (NOt even a work permit was issued), I know that is a real long period of time. We have been told (By the Service) that they can't process it just because we have an appeal @ the BIA level. Question: What options do we have, and if I'm not wrong it sounds to me that's a game being played by the INS. Not only that, if I'm right, isn't it that if that is a bona-fide marriage that could be proven with every mean, that it would overturn (take-over) the appeal process?

    2) I am truly confused with the various LIFE acts. Who can qualify for it?
    (The spouse has continuously been present in the U.S. for 14 years, and paid the taxes with a valid SS# since 1990), BUT, has only one mark in the record (1count felony with no time served) dating back from 1991.
    Any help or tips would be highly appreciated.
    Thank you Ladies && Gentlemen!!!!!!!!

  • #2
    I have a couple of questions:
    1) We have an I-130 filed on July 2000 sent to the Laguna Nigel, and resent to our local INS office on july 2001, ever since, we haven't heard an iota from the INS (NOt even a work permit was issued), I know that is a real long period of time. We have been told (By the Service) that they can't process it just because we have an appeal @ the BIA level. Question: What options do we have, and if I'm not wrong it sounds to me that's a game being played by the INS. Not only that, if I'm right, isn't it that if that is a bona-fide marriage that could be proven with every mean, that it would overturn (take-over) the appeal process?

    2) I am truly confused with the various LIFE acts. Who can qualify for it?
    (The spouse has continuously been present in the U.S. for 14 years, and paid the taxes with a valid SS# since 1990), BUT, has only one mark in the record (1count felony with no time served) dating back from 1991.
    Any help or tips would be highly appreciated.
    Thank you Ladies && Gentlemen!!!!!!!!

    Comment


    • #3
      I'm assuming that your spouse entered the u.s. legally in the first place?? Also what is the conviction for, because if it is considered an aggravated felony, INS will argue that your spouse is ineligible to adjust her status. Assuming that your spouse entered legally and the conviction doesn't bar AOS, then you need to write to the BIA and have them consider you appeal as a motion to remand back to the immigration judge for adjust status. However, you need to file the necessary applications with the BIA(I130 AND 1485)

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      • #4
        Yes, the spouse entered the U.S. legally, and the conviction was not an aggravated felony.
        Moreover, the marriage occured before the appeal.

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