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Thread: Need advice...Please..Please

  1. #1
    Guest
    I found this web site too late. I would get advice before processed my immigration process. But still I need advice from anyone that can help me. My immigration problem is very complicated:

    I came in USA on 1989 as a visitor and filed for political asylum. It was denied on 1996 and on 1999 also denied my appeal by BIA. Unfortunately, I didn't leave this country due to my medical problem. Anyway, I got sponsered on 2000 by my good friend of mine (employer:restuarant). Labor certificate/i-140 had been approved. My attorney filed for i-485 on 09/2002. And finally attorney filed for I-212 (application to reenter after deportation) showing my medical problem. In the mean time, I also got EAD card.I am trying to explain about my medical problem below:I have serious ear infaction in both ear. I don't hear without hearing aid. This kind of treatment in my country is not available certified by Doctor. I do have medical history in USA such as in 1993,1997,1998,1999,2000,2002 I did have ear surgery and further treatment needed. I am just trying to be alive here. I never leave this country since I entered. Everything I told my attorney and submitted all the proves(medical records). I didn't want to live here illegally.So I tried my best.
    But I really didn't understand well that if I have to leave this country??
    How much possibility, INS will deport me or consider.
    If INS consider, I have to leave this country and have to reenter in USA?? How long, I have to stay outside of USA? I know american ambassy in my country will not give visa, I know it ..I know it.
    I told my attorney that I can not leave this country because if I don't get treatment in my country, I will have brain abcase which basically I will die without treatment. But my attorney said it is only option I do have. Sometimes I don't understand attorney. How?
    I am not elligable for 245(i)?
    I am not married, no kid, 33 years old.
    Can anybody advice or know about this kind of case, would be appreciated.
    Thank you soo much.

  2. #2
    Guest
    I found this web site too late. I would get advice before processed my immigration process. But still I need advice from anyone that can help me. My immigration problem is very complicated:

    I came in USA on 1989 as a visitor and filed for political asylum. It was denied on 1996 and on 1999 also denied my appeal by BIA. Unfortunately, I didn't leave this country due to my medical problem. Anyway, I got sponsered on 2000 by my good friend of mine (employer:restuarant). Labor certificate/i-140 had been approved. My attorney filed for i-485 on 09/2002. And finally attorney filed for I-212 (application to reenter after deportation) showing my medical problem. In the mean time, I also got EAD card.I am trying to explain about my medical problem below:I have serious ear infaction in both ear. I don't hear without hearing aid. This kind of treatment in my country is not available certified by Doctor. I do have medical history in USA such as in 1993,1997,1998,1999,2000,2002 I did have ear surgery and further treatment needed. I am just trying to be alive here. I never leave this country since I entered. Everything I told my attorney and submitted all the proves(medical records). I didn't want to live here illegally.So I tried my best.
    But I really didn't understand well that if I have to leave this country??
    How much possibility, INS will deport me or consider.
    If INS consider, I have to leave this country and have to reenter in USA?? How long, I have to stay outside of USA? I know american ambassy in my country will not give visa, I know it ..I know it.
    I told my attorney that I can not leave this country because if I don't get treatment in my country, I will have brain abcase which basically I will die without treatment. But my attorney said it is only option I do have. Sometimes I don't understand attorney. How?
    I am not elligable for 245(i)?
    I am not married, no kid, 33 years old.
    Can anybody advice or know about this kind of case, would be appreciated.
    Thank you soo much.

  3. #3
    Guest
    You have overcome the previous obstacles in your previous case and since you are now on AOS,with EAD and i presumed with SSN, why do you burden yourself with the past rather focus on the future approval?Be optimistic!

  4. #4
    Guest
    Your final adminstrative order enter in 1996 when Ij denied your Political Asylum case. You had bar for 5 years, Under 1990 act, In 1999 you was not entittled for relief,Because you wasn't completed 5years starting your Order of Deportation. 1997 act was started on april 1st 1997, which has 10 years Bar for adjustment of status, but it won't apply to you. Now will be able to adjust your status, You must fill exemption with your I-485. that you are grandfathered Act of 1996 and Under 1990 you have 5 years Bar which is completed, Under this circumstances ask BIA to remand your case to IJ and adjust your status. .. Good luck.

  5. #5
    Guest
    Mistake again
    1996 Act started in 1st april 1997.

  6. #6
    Guest
    Dear mohan,

    My attorney already filed for i-212 (application to reenter after deportation).
    Do you have any idea if my attorney is thinking to do somethingelse?

    I also told my attorney that I want to adjust my status in USA without leaving this country. So, try do other option that I do have like you mentioned. But attorney said, deportation order already done and passed more than one year., So, only option that I do have is i-212.
    How long it takes ? I already received receipt no# and saying 30 to 90 days!!!
    Please advice .

  7. #7
    Guest
    Dear mohan...would you please read . Your first replied gave me hope to have GC without leaving this country. But based on current situation, means I-212 already submitted, please give me some advice for future.

    Thanks a lot

  8. #8
    Guest
    I am only giving you advise what I read in your case .You said your case was denied in 1996. and you motion to reopen which was denied.

    Question. Ask , If the case Is denied and you fail to depart within the time allowed isn't it the date of departure is the date of Final adminstrative ordered entered? and the Odere become final if you fail to depart? so your date of deportation is in somewhere in 1996 when the IJ entered the final Order of Denial. So you are Bared for 5 years because you are got deportation in 1996 not in 1997 if the date of final adminstrative order fall on or after april 1st 1997 then the bar will be 10 years.
    As you are not inadmissable any more you can adjust your status.
    When your attorney file for i-212 ? did you completed 5 years after deportation?

  9. #9
    Guest
    IJ denied my political asylum in 1996, but BIA denied my appeal on 1999. i-485 filed on 09/2002
    and i-212 filed on 10/2002.

    If bar started from 1996(denied by IJ),then I-212 filed after 5 years bar.

  10. #10
    Guest
    Yes , But was it necessary? Ask your attorney when you are allowed to AOS after 5years, why to apply for the I-212 when you can apply for motion on the base of reilef previously not available, and BIA should remand the case back to IJ. ( Remember Same IJ has to open your case and you will adjust the AOS in the front of Judge).
    You completeted your time(paid for crime) for five years not adjusting your status but after 5 years Bar is not apply to you. Ask your attorney.

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