To knowledgeable people ie. Mohan or like, please,please,please

I need some opinion (yes, I've a lawyer)or tips on the following case.
1) Alien admitted to the U.S. w/ a valid visa and inspection. ( in 1987) (J1)
2) Alien stayed in the country ilegally, not by choice. Rather, of some serious political and safety turmoil in the native land. (did not apply for asylum)
3) Alien had problem with the law (Due to miscommunication with the 2nd party, he had once business with). Due to the misunderstanding to the U.S. judicial system, lack of comprehension and communication of the English language, and SHAME, the alien took a plea-bargain (in 91) for a criminal charge that could easily have been dismissed. (no time served, just 18 months probation), (and not a drug conviction or any crime that would be defined as crime of moral turpitude;according to its definition)
4) Alien got maried to USC in 96, marriage went sour while I130 was in process. USC spouse withdrew petition ==> alien picked up by the service. Went before an IJ.
5) While in custody and without legal counsel, alien filed an asylum claim (Denied by IJ ), because ( THIS IS THE FUNNY PART) , the IJ defined the alien's crime as a crime involving moral turpitude) ==> no reliefs would apply to the alien. Alien later released on bond (the minimum amount applicable)
6) Alien re-engaged in another bonafide marriage to another USC. I-130 filed 28 months ago. With that in place, the have been no answers from the service. no EAD, no reply about an AOS, no interview set....NOTHING, ZILCH, RIEN, NIET RABOOT...
Please help,,,,,VERY DESPERATE,,,Need to hear an answer, any answer ( + or - ).

I am not sure what you do in your situation, but your lawyer or even you yourself should write a letter to the local office with ATTN: status inquiry. They reply

Yes, I did the follow ups with the district office, as well as with the local INS office.
With the antecedant, I just didn't get any reply from them (I did 5 inquiries by fax ). And the later, the INS officer (at least he was very pleasant and sincere,that's what I think), he had no idea what the delay is for.
My question is : What other step can I take or what other venue do I have????????

Have your sponsoring USC spouse contact your congressman and ask them to contact INS. That usually works.

This alien, I guess, has been considered by the INS to have engaged in marriage fraud. On the other hand, two years plus is a very long time not to have any response whatsoever from the INS. It may well be that they have put this alien's file aside, given the fact that this alien does have a little bit of 'history'. Be sure to check if there is any deportation order entered on behalf of this alien by the Immigration Judge. You say that the Immigration Judge could not give this alien any relief from deportation, but at least released the alien on bond. Could you please clarify whether this person followed through with the immigration court? Did s/he go to the deportation hearings? This person most likely has been ordered deported "in absentia" given the fact that you do not mention anything about the deportation hearings, as to whether the alien appeared or did not appear for the deportation hearing. In this case, any attempt to adjust status would be compromised. I would be careful if I were in your place to even contact the INS about the new marriage case, as the alien might get arrested again -- and this time it's for sure s/he won't be released on bond, but will be held in INS's custody until s/he is DEPORTED back to his/her home country. Remember, your case is pretty difficult: illegal presence in the States, a crime determined to be one of moral turpitude (although it may or may not make one deportable/inadmissible,) a marriage that could well be deemed by the INS to have been entered fraudulently. To me it appears it's heroic from this alien's part to have remained in the U.S. regardless of the possibilty of being jailed again by the INS and deported for sure.

I think reading this thread


http://discuss.ilw.com/eve/forums?q=...471#8986046471


may help you. Good Luck!

1) Yes, indeed, the local representative has been contacted multiple times. He (the congressman) have been trying to clarify this mess, but no confirmative response has been made from the Service.
2) Oh yes, the alien did attend every single hearing. (weekly monitoring done by the alien to check if there are any future hearings. NO FINAL ORDER OF REMOVAL, was decided by the honorable IJ.
3) It is just a mess, the local Immigration center's officers just told the alien that they cannot (for now) get to the alien's file as long as there is an appeal pending (asylum case).
***What confuses me is that: If there exist a pending appeal (before the BIA), and an alien gets married to a USC, wouldn't that marriage OVERRIDE the asylum case? And, if they are guessing (I emphasize on that) that a marriage is fraudulent, wouldn't be that EZ 4 them 2 prove so.
Isn't it that an individual is innocent until proven guilty, or is it because we're dealing with aliens (such a deragorative term to use for a human being) that they are guilty until proven innocent?????????
What would you do (strategy wise) to solve that problem???
Thank you very much!

How did the deportation proceedings end? It should have been given some decision from the IJ, voluntary departure (I don't think you qualified for that because of the crime) removal order, whatever -- they do not initiate deportation proceedings against you just to leave it in the middle of the road. Any clarifications?

To poster "Deportation Issues To Be Addressed": Sputnik is saying that the issue is on appeal.

Sputnik: perhaps the immigration court wants to see how the appeal from the BIA will result before they will consider other options? But don't you think that in the worst case (appeal denied) they will think you set the second marriage up just to get away with deportation? That's what they usually suspect in these cases. Anyway, I wish you best of luck.

Well, the IJ denied the asylum claim and all other forms of relief. Case appealed, and remanded back to the IJ ( ended up with the same IJ), the IJ denied again the claim (very credible threats against the alien if sent back home, the alien even brought witnesses for his asylum claim confirming about the threats against the alien, and they were found to be credible) the only reason that the claim was denied is because of the vocabulary used for that crime involving moral turpitude).
The same IJ, as I said denied the case after being remanded back before the IJ.
The alien appealed AGAIN. ===> case still pending.
By denying the appeal, the IJ decided to remove the alien, but no FINAL ORDER OF DEPORTATION was set, as long as the alien has one last relief.
-------------------------------------------------
What it looks 2 me ( just add 1 and 1 ) is that the local INS office wants to let a thick layer of dust on that case until an answer comes from the BIA. If the answer would be negative, then it looks to me that they'll have the leverage to deport the alien. Otherwise ( ? ).
Is it right that they kick the file on the side and wait (without processing the I-130, or any others) until they'll get an answer from the BIA.
That sound to me ie. a dirty tactic.
What would u do? Plaease, please, please.
and God bless you all.
Thank you!

Wish you all the luck. Well, if you were Cuban, that wouln't have happened to you. You'll be smoking a Cuban cigar in little-Havana while you'll be waiting for your US Citizenship.

Sputnik says:

"While in custody and without legal counsel, alien filed an asylum claim (Denied by IJ ), because ( THIS IS THE FUNNY PART) , the IJ defined the alien's crime as a crime involving moral turpitude) ==> no reliefs would apply to the alien. Alien later released on bond (the minimum amount applicable)"

Looks like to me that he has chosen not the best option when he was to be released from the INS custody -- I mean, yes, he was not eligible for voluntary departure (because of the crime presumed to be an CMT) but I guess he could have elected the option to appear before a Judge, not requesting political asylum right away.

After these thread....
there will not be any relief for alien because of crime against him.
Yes, some IJ takes very long to answer the Motion or decision. Mr. william J strasseer, ( IJ room No 1134, NJ) is the best example , and he always makes mistakes entring order too.LOL.( funny for me)
IN this case INS thinks that he entered in marriage fraud. Also criminal tripude.. he will not have any relief.
he cannot qualify for cencellation of removal because he cannot prove good moral.
The best thing is to get FOIA on this case and see what was written in his file, there may be a way of get adjusting, I know its hard but not impossible.
there are certain favourable points here.
He has his procedding before april 1st 1997. he might be eligible for waiver and have 7 year bAr under old regulation.
Get a good attorney. you need one.

Mohan is right.