ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 4 of 4

Thread: deportation and I-130

  1. #1
    Guest
    I am in deportation processing and I would to know if it is possible to adjust my statut without leaving the country. I got married to a us citizen while I was in deportation processing.

    What should I do to adjust my statut? What provision of law should I use?

  2. #2
    Guest
    I am in deportation processing and I would to know if it is possible to adjust my statut without leaving the country. I got married to a us citizen while I was in deportation processing.

    What should I do to adjust my statut? What provision of law should I use?

  3. #3
    Guest
    it is very unlikely that you'd be able to obtain a "chancelation of removal" for being now married with an U.S. citizen (that was an old trick that way too many people abused ad nosum).

    The chancelation of the removal proceedings or the deferral of it are necessary before you can adjust your status! Or once removed, you'd need to obtain a waiver for inadmissablility to adjust in the long run. Your spouse and genuine relationship can be the only support. Good luck!

  4. #4
    Guest
    I am in the same situation so let me explain to you;

    The "cancellation of removal for resident aliens non-immigrants" doesn't apply to you.... Unless you resided in the US for more than 10 years and in good moral character... (there are more requirements, so I can post them if you want later)

    Well, now you entered the marriage after the proceedings, you have the burden of proving the INS that the marriage was planned before the proceedings and it was entered in good faith, not to avoid removal.

    You should file your I-130 asap but it will take more time for INS to process it since it is a removal case.

    Mine is in process for 9 months now. The judge will also play an important role in the case, they have the authority to find that your marriage is bona fide or not, they can give you voluntary departure if they wouldn't want to wait till I-130 is adjudicated.

    Plus, the judge will also question the method of your enterance in the US, in one of the hearings I have been to, the judge granted Voluntary Departure to someone who entered the country illegally, but for me, he continued the case until the I-130 is approved.

    Most likely, INS attorney will require an approved I-130 for aggreing to a termination of removal.

    I suugest you to hire an experienced attorney in this area, and file the I-130 asap...

Similar Threads

  1. Can I-130 be filed while in Deportation proceedings?
    By in forum Immigration Discussion
    Replies: 5
    Last Post: 11-02-2010, 10:27 AM
  2. I-130 and deportation
    By patrish in forum Immigration Discussion
    Replies: 12
    Last Post: 10-23-2006, 06:26 AM
  3. I-130 while in Deportation proceedings
    By in forum Immigration Discussion
    Replies: 26
    Last Post: 12-01-2005, 11:04 AM
  4. Mom's I-130 approved. Dad's I-130 pending...
    By in forum Immigration Discussion
    Replies: 3
    Last Post: 10-02-2002, 09:23 AM
  5. Father's I-130 and Mother's I-130 filed for a son...
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 07-08-2002, 08:12 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: