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court hearing this coming tuesday

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  • #16
    In order to not be removed you must show
    - humanitarian reasons (removal would result in danger to life, fear of prosecution, torture etc.)
    - hardship to U.S. citizens (usually medical dependancies)
    - prove that you qualify for a chancelation of removal
    (for non-resident aliens, this is quite difficult; good moral character, 10 yrs. of residency, unusual hardship etc.)

    An approved I-130 doesn't attest to any of these. I still think your chances to get the removal chanceled are high (just a "stay of removal" will not allow you to adjust your status). But it will take some effort and perhaps financial investment. You and your wife need to make the call if the investment is worth it or not. Good luck!


    • #17
      Mohan: Pathan and Arabs same same?


      • #18
        My first question is did you marry a united states citizen, if you did not, the fact that you were inspected when you entered the U.S. does not matter, you would not be able to adjust your status--because a permanent resident is not an immediate relative. Secondly, the trial attorney more than likely is not going to want to wait until your I-130 is adjudicated. What jurisdiction are you in? Do you have any other relief from removal?


        • #19
          Yes Im married to a white U.S. citizen. I dont understand what do you mean when you say what jurisdication im in? I was on f-1 visa. got expired Dec of last year. I dont have any other form of relief.


          • #20
            if you had to register or are from a suspicious background you probably will very likely have some obstacles adjusting your status. It is well known at this time that al quadia is trying to establish stronghold here on US soil via marriages to americans and using other old tricks! so bona's are gonna have a hard time!


            • #21
              "the fact that you were inspected when you entered the U.S. does not matter, you would not be able to adjust your status--because a permanent resident is not an immediate relative."

              Yes he would be able to adjust his status, an LPR can file an I-130 for him and he can apply for AOS based on that. But it will take longer due to priority times and for that period he has no legal status to stay. An LPR isn't an immediate relative? What is it then, you have a wife or a husband who is an LPR and that makes her/him a distant relative? Check the terminology out! "Immediate relative to the US citizen!"

              "Secondly, the trial attorney more than likely is not going to want to wait until your I-130 is adjudicated."

              Not wanting to wait doesn't matter. It depends on the judge and how the case is presented, if the IJ made his/her mind on a strong case, the trial att. can't push anything, they can appeal to the decision though. I have been to people's hearings many times where the trial att.s insisted on removal or VD, but the IJ said no!

              "Yes Im married to a white U.S. citizen. "

              What do you mean white? Why do you feel the need to tell us a "color"? It doesn't make a difference, we are past that era. Personally, I don't like when someone makes a statement like white, black, yellow, purple!

              If you are not currently sitting your butt in federal custody or you are under federal investigation, only obstacle you will have is the long processing times of your apps. Especially your I-130. Be ready for waiting at least 12-15 months for a decision on a I-130 filed on behalf of a removal respondent. Having hard time doesn't mean you are not going to get it either. It will strengthen your patience. But if you say "screw it", it only takes a few words to the judge. "Judge, I want to go back"

              As for those al-queda hell hole boys, they will be caught no matter what. My investigation took 5 months where my immigration process was completely stopped. I am not of arabic descent either. If I had to wait 2 more years so the govn't would clear my name (which they did) and catch the terror monks, I'd go for it.
              SEMPER VIPER / Army Strong!


              • #22
                You got most of your answers by other people.
                marriage to USC will cure the employment without permission.
                You already have answer for your question of deportation even if you have I-130 approved.
                You are in a legal battle and you have to play by the Law.

                To john,
                Its typical way in pakistan to introduce someone who are White american or Pakistani american or others. So take it easy , he don't want to offent anyone.

                TO FSN,
                NO, Pathan is a tribe in pakistan and speak PUSTO language. Arabs are very different from pathans.
                Its a discussion, not a legal advise..


                • #23
                  Oh Ok Mohan, I am sure he didn't mean anything bad, just that he shouldn't use that terminology in the US, in my opinion. Someone else may get it wrong.
                  SEMPER VIPER / Army Strong!


                  • #24
                    offent = offend. sorry.
                    Its a discussion, not a legal advise..


                    • #25
                      How you doing by the way? Everything going OK with you mohan?
                      SEMPER VIPER / Army Strong!


                      • #26
                        everything is fine , SOS, still ...waiting.
                        Its a discussion, not a legal advise..


                        • #27
                          good good to hear...
                          SEMPER VIPER / Army Strong!


                          • #28
                            wow thanks alot for helping me out guys..!!
                            Bushmaster Im sorry If I offended you when I said white american, I didn't mean anything by it, just that she is a citizen here, I thought that you might think I might have married someone from my region or from somewhere else...
                            My court hearing is tommorrow, im really nervous, hope everything works out ok.. i-130 has just been filed today, it was one hassle ...but I got one of the best immigration lawyers here...thats what he said to postpone the court hearing...I still dont know what to say when judge asked why you waited so long to file the paper. Any ideas my bright brothers or sisters in here...
                            honestly to me I thought I had to file it infront of the judge, till recently someone smacked the **** out of me behind my neck.. and gave me the advise...


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