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Thread: Mohan, please help - URGENT

  1. #1
    Mohan,
    I will like to know if it is possible to adjust my status in my country. I have an approved I-360(widower petition) since 1994, however, I have not been able to adjust my status as my case is still pending at the circuit court of appeals for overstaying my visitor's visa.

    I will like to put an end to this non-ending deportation case and try to go to my country to adjust my status based on my approved I-360.

    If I choose to go to my country for consular adjustment ,

    1. How do I wave the 10-year bar after self deportation?

    2. Can I file the necessary document to the U.S embassy in my country from here, the
    United States? (I have not left the U.S. because of my pending case).

    3 How long does this process take?

    4. I have a green card holder fiancee and we have two children together, will marrying her affect my approved I-360?

    Thanks Mohan

    JJ

  2. #2
    Mohan,
    I will like to know if it is possible to adjust my status in my country. I have an approved I-360(widower petition) since 1994, however, I have not been able to adjust my status as my case is still pending at the circuit court of appeals for overstaying my visitor's visa.

    I will like to put an end to this non-ending deportation case and try to go to my country to adjust my status based on my approved I-360.

    If I choose to go to my country for consular adjustment ,

    1. How do I wave the 10-year bar after self deportation?

    2. Can I file the necessary document to the U.S embassy in my country from here, the
    United States? (I have not left the U.S. because of my pending case).

    3 How long does this process take?

    4. I have a green card holder fiancee and we have two children together, will marrying her affect my approved I-360?

    Thanks Mohan

    JJ

  3. #3
    IF your case is still in circuit court you must wait for the decision. Circuit court cases will take 6 -9 months aprox.
    Here is total rundown for circuit court. depending upon what you have filed with circuit you can easily kow how long it will take more...
    file with circuit court within 30 days of BIA decision. Next couple of weeks you will receive briefing schedule and brief will be due within 30 days.. INS brief will be due within next 30 days and then counter brief within 15days, and then another counter brief from INS counsel 15 another days if any. any counsel can waiver the brief anytime.. then decision will come within next month.. There will be hardly any **** argument , unless its required. there will be an extension of filing brief with good reason if any attorney ( yours OR INS) want to take some extra time, it will be granted)
    Your case, you have widow petition .. if you marry you will be no longer widower anymore , you have to file another I130 basewd oin marriage, and start procedure all over again. remember that CG holder dependents have different catogary and wait for priority date to becoime current.
    If you self deported Or deported in any way your bar of 10 years will kick in and you need a waiver to come back. waivers are hard to get.
    things will be more complicated . you should wait for circuit court decision and if its denied then only you should DCF. thats my openion.
    anyone else have better suggestion can post here?
    Its a discussion, not a legal advise..

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