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Thread: .

  1. #11
    were you in removal proceedings at the time you got married? For what you write here I would have to agree with davdah, it looks like some mistake....

    -THIS IS NOT LEGAL ADVICE-

  2. #12
    mike i found your story courtesy of michal

    link

    http://discuss.ilw.com/eve/forums/a/...2310508041/p/1

    sorry for the craziness you got there.

    give me more info timeline on that first marriage. You got very bad advice from attorney

    You were in removal proceedings most likely when you were detained. you filed joint 751 and got divorced before adjudicated.thus making it impossible to reopen the joint 751 filed.

    You should have filed a 751 waiver once divorce was final. You can probably still do that provided that you were not called to Immigration court and didnt show up. Have you kept your address current with USCIS as to not miss notices to appear? If you have not received notice to appear, you have chance to file 751 waiver late filing with excuse ... has to be good and hope service will accept the filing.

    Was first marriage bonafide..with good evidences submitted? if so, then refile with same evidences with the 751 waiver.


    Most of your problems have come from ignorance of the immigration procedures and not asking for advice before acting. Did you have your ggreencard and extension 797 with you when you left usa to visit mexico? and did you show this when you came back? if you didnt have greencard, then what were you thinking when you left the country? another thing since you seem to be little bit fuzzy on things, i hope your 2nd wife is us citizen.

    P;lease tell me when you got termination notice from uscis on original 751 filing

  3. #13
    Your case is very complicated, mike_2007. Have you contacted an attorney? If you were traveling with a valid passport (right - good through April, 2007), I don't understand why you were denied entry in September, 2006. Did someone falsely accuse you of saying you were a U.S. citizen? And if so, were you given a chance to explain yourself before a judge? You need a very good attorney - the sooner the better since you only have 3 weeks to appeal your case. Best of luck to you!

  4. #14
    First of all... about your false citizenship claim, it was probably dropped not because of liars and evil people, but most likely because the claim must be made with intent to secure something, and if you're entitled to that "something", the accusation simply falls. There's a lot to be said about intent, knowledge and other subjective issues, but we're not going to discuss that.

    Now, regarding your current problem. If you're already a conditional resident, why do you need another I-130? It could be something as simple as a failure to demonstrate a bona-fide intent on your previous marriage (removal of conditions).

    -THIS IS NOT LEGAL ADVICE-

  5. #15
    mike

    also there is a very good possibility that you have not been called to Immigration court.

    if you have your a# call this number and find out if your case was called.
    800-898-7180 follow instructions and get results

    if a# not found then case has not been called and you did not miss Immi court

    keep fingers crossed

  6. #16
    And LPR is not seeking admission at the POE. There's a case dealing with the distinction and that's a very complicated issue to explain here but the CIS messed up because they charged an LPR with inadmissibility at a POE but the alien was not seeking admission, even when in theory he shouldn't be an LPR to begin with..... Yeah, immigration law speeds up the aging process...

    It doesn't make sense that an LPR, or even a conditional LPR is going to be denied admission at a port of entry when there is no removal proceedings instituted against the alien and the alien has not been convicted of any criminal offense meriting such proceedings.. It's strange.... that's all.

    -THIS IS NOT LEGAL ADVICE-

  7. #17
    Your attorney did not give you accurate information. You need a good attorney who has handled late filing 751 waivers. and your troubles could be over provided you did not get called before an IJ and didnt show up.

  8. #18
    alright mike

    thats good news

    no immigtration court date missed

    So you are saying when you came back from mexico you showed current green card and or 797 showing good extension date. they detained you on bogus charge. when you went before judge you still had current dates to cross border .. corect or not? then you said in second day of detainment uscis gave denial on 751 based on fact that you were divorced. Uscis was correct in denying your joint 751 b/c you divorced. if lawyer telling you otherwise, lose that lawyer immediately and find a competent one.

    answer those questions first please



    ps <span class="ev_code_RED">if you did have documentation, why didnt you try another day to cross with differnet guards?</span>

  9. #19
    There is no way he was never questioned about the first marriage. They do not simply "forget" the first marriage. The presumption they make is that it was a fraud unless he proves otherwise. Unless he defeeated this presumption, he has a permanent bar against receiving a new green card based on marriage. This is what is happenning. I doubt very much that this was not made clear to him.

  10. #20
    Right. I don't know what I am talking about and you do. Thats why you are deported. Because you know everything. But you can't understand why your case is denied. OK folks, my work here is done. Can't explain relativity to a brick wall.

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