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Thread: Adjustment of Status for someone with deportation

  1. #1
    Hi guys! here is the thing..I have a friend who has been here for about 13 years. Applied for asylum in 1991 was denied and ordered deported in 1992. Decision was appealed and re-appealed and final decision was issued in 2001. Now, she is eligible to apply for green card through her daughter who is a citizen. Since more than 10 years passed since her initial deportation order, has she automatically satisfied the 10 year bar? and can she now apply for adjustment of status even though she was once ordered deported?
    thanks to all

  2. #2
    Hi guys! here is the thing..I have a friend who has been here for about 13 years. Applied for asylum in 1991 was denied and ordered deported in 1992. Decision was appealed and re-appealed and final decision was issued in 2001. Now, she is eligible to apply for green card through her daughter who is a citizen. Since more than 10 years passed since her initial deportation order, has she automatically satisfied the 10 year bar? and can she now apply for adjustment of status even though she was once ordered deported?
    thanks to all

  3. #3
    The 10 year bar does not start until the person leaves the country. If she has been here the whole time, than the 10 year bar hasn't even started.
    Have a nice day

  4. #4
    Adjustment of status is not possible unless the deportation is chanceled. Since she had a final order of deportation she should have left. She probably is permanently ineligable to adjust her status by now, talk to a lawyer!

  5. #5
    no she can't.

    otherwise every asylum case loser, would automatically go "marry" someone, the next day after their denial.

    you have to go back home, and do things the legal way.

    personally i think it's ridiculous how they take 10 years to work an asylum case -- and then 10 years later, just expect you to pack up and go.

    -= nav =-

  6. #6
    a lawyer told her that since she was not 'legally' present here for those 10 or more years, it's treated the same as if she left the country...and if it is not so, what does that mean/ that she will have to leave the country for another 10 years? that doesn't seem right, since even those with a deportation can have it waived if they were here for 10 years..

  7. #7
    What was the final decision made in 2001? If she had a deportation order 10 years ago she should have left the country. The lawyer is not right.

  8. #8

  9. #9
    sorry about that last one..

    the final decision in 2001 was obviously that the deportation stays, because otherwise this issue would not exist...but lawyer says they don't go by that, because that was an appeal in federal court, they go by the initial decision by ILJ which was given in 1992.

  10. #10
    JulieCelik1:

    Regardless of when the deportation was issued, the BAR does not start until the alien leaves the country! but thre is a waiver for the bar... I think is the I-601, there is some people here like spouse that knows a lot about this.

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