Question for sammy lets see if you have experience in LAw cases

This question is not typical but only that person who has knowladge of Immigration Law can answer perfectly.
All the inputs welcome. LEts learn The LAw deeply.

Question:
Alien came to US Inspected. Put on deportation proceedings. On final hearing alien want to close the case,( he want to get married after week of final hearing date) and because of Novice attorney's bad Recommandation Alien asked for Voluntary Departure and granted the departure with 5 months Time to depart,( case is older then IRIIRA, Where Immigration Judge has power to grant Departure time more then 90 days, After IRRIRA Judge cannot and will not grant the time period more then 90 day for voluntary departure.)

Alien got married to CitiZen, and applied for AOS. I-130 approved. But he cannot adjust his status, because he has to do the motion of older deportation proceedings, He files the motion within 30 days of Final hearing.
Motion was denied, errored by Immigration Judge Not timely filed. Decision was not send to aliens last known address.
Alien applied for EAD and called for Interview and on interview found out that IJ Denied the appeal.
Alien files the Appeal to BIA and BIA denied the Appeal, Not timely File the appeal in BIA(30days)Not the alien Fault as decision was not delivered to alien.
Alien File for reconsider withing 30 days but BIA decision affirms.
Alien Has one US Born Child age 2 years too, he is primary source of family.

Now the Question ;

WHAT are the possiblity of AOS,
How his status can be adjusted?
what kind of bar he has and what is the possiblity to get the motion to remand if he apply for circuit court.
what he should mentioned.?
He will be under old rule of suspension of deportation, 7years + good moral. Will he be granted suspension?
is the Voluntary period extended unless the alien is exhausted?
What are the facts under family unity and Extreme hardship?
Should Alien has to prove Extreme hardship or he has to get waiver of extremly unusual hardship to USC?
How long he will be bared to apply for relief if alien depart to his own expenses.

Can the Immigration Judge decision be chellanged in the supreme court who made error by counting the period of motion( 90 days limited time allowed to apply.)
When JUDges order become final under old Law . The date Judge entered the final order of voluntary departure OR When BIA Affirms the decision OR When BIA denied the motion to reconsider OR After the Decision of Supreme court appeal.
When The voluntary departure period actually start?
THESES ARE THE QUESTION YOUR INPUT WILL BE HIGHLY APPRICIATED.
NO TIME WASTER PLEASE. WE DON'T WANT TO SEE COMMENTS LIKE " deport illigal aliens".

This question is not typical but only that person who has knowladge of Immigration Law can answer perfectly.
All the inputs welcome. LEts learn The LAw deeply.

Question:
Alien came to US Inspected. Put on deportation proceedings. On final hearing alien want to close the case,( he want to get married after week of final hearing date) and because of Novice attorney's bad Recommandation Alien asked for Voluntary Departure and granted the departure with 5 months Time to depart,( case is older then IRIIRA, Where Immigration Judge has power to grant Departure time more then 90 days, After IRRIRA Judge cannot and will not grant the time period more then 90 day for voluntary departure.)

Alien got married to CitiZen, and applied for AOS. I-130 approved. But he cannot adjust his status, because he has to do the motion of older deportation proceedings, He files the motion within 30 days of Final hearing.
Motion was denied, errored by Immigration Judge Not timely filed. Decision was not send to aliens last known address.
Alien applied for EAD and called for Interview and on interview found out that IJ Denied the appeal.
Alien files the Appeal to BIA and BIA denied the Appeal, Not timely File the appeal in BIA(30days)Not the alien Fault as decision was not delivered to alien.
Alien File for reconsider withing 30 days but BIA decision affirms.
Alien Has one US Born Child age 2 years too, he is primary source of family.

Now the Question ;

WHAT are the possiblity of AOS,
How his status can be adjusted?
what kind of bar he has and what is the possiblity to get the motion to remand if he apply for circuit court.
what he should mentioned.?
He will be under old rule of suspension of deportation, 7years + good moral. Will he be granted suspension?
is the Voluntary period extended unless the alien is exhausted?
What are the facts under family unity and Extreme hardship?
Should Alien has to prove Extreme hardship or he has to get waiver of extremly unusual hardship to USC?
How long he will be bared to apply for relief if alien depart to his own expenses.

Can the Immigration Judge decision be chellanged in the supreme court who made error by counting the period of motion( 90 days limited time allowed to apply.)
When JUDges order become final under old Law . The date Judge entered the final order of voluntary departure OR When BIA Affirms the decision OR When BIA denied the motion to reconsider OR After the Decision of Supreme court appeal.
When The voluntary departure period actually start?
THESES ARE THE QUESTION YOUR INPUT WILL BE HIGHLY APPRICIATED.
NO TIME WASTER PLEASE. WE DON'T WANT TO SEE COMMENTS LIKE " deport illigal aliens".

How about you study english before you study law.
I'm not even sure you know what your asking.

First of all, let me inform all of you who are reading this post that a reply which has been posted over here earlier at 8:55 pm, which contains vulgarity and my name as a autho, WAS NOT POSTED by me, and someone is using my name to post their own views since they have done this on other posts also in my name on this board wherein i have replied, and i really don't have times for this kind of childish games which are being played over this board, since i wanted to devote my times and energy towards my passion of helping others on immigration matters. My request to them is pl. be focused on immigration discussion only, since this board is desinged for immigration issues only and not for other childish games, as well if you can not give any advises to others on immigration matters, then pl. at least, do not discourage me or others to help someone who really needs help, otherwise, i will be off also from this board like Mohan, Umesh and Linda and i think that's what you want, right? Pl. grow up and be a matured person, as well a helping hands to others.

TO: NOT A TYPICAL QUESTION,

First, if you have needed the answers on yr questions then i am here to provide you (that is the ONLY reason i am here for on this board to help others on immigration issues), but pl do not chellenge someone until you do not know their abilities for sure, since you have questioned my abilities as a subject of this topic. This is not the good way to ask a question.In addition, i am not obligated to answer anybody's questions.

Secondly, it is not clear from your post that why did INS place you on deportation (i assume that you entered u.s. without any visa or documents or entered on fraudulent documents). The main part of your post which puzelled me most is when you said that " On final hearing alien want to close the case,(he want to get married after week of final hearing date)". I can not understand clearly since there is lots of grammer problems, but pl let me understand. How could you close the case by yourself since only judge is one who can close the case. I assume and believe that you wanted to drop the whole deportation case, i means that you had decided not to contest your deportation, right? ... and wanted to marry a u.s.citizen a week later of the final hearing of that deportation case regardless of judge's decision, so that you could stay in this country.

Let me make you very clear that it is always a responsibility of the applicants to make sure that they receive the mails from INS by informing your correct address to them and to the post office, and to make sure that they understand the information on applications which are being filed with any authorities even if they have attorney to handle their case since you will the only one be responsible for its information instead of yr attorney, as well your life would be destroyed instead of attorney's. 95% of immigration attorneys only care about their fees only instead of your fate over here. You made the wrong decision by choosing and relying completely on the wrong attorney who gave you wrong advise, and now you can not blame anyone for that except for yourself, for yr limbo situation. Similiarly, you can not blame anyone for not filing the appeals on time , or not receiving the decision letter in the mail. It sounds to me that you did not care about yr case or anything at that time because you knew that your case had no hope and since you got married with a U.S. Citizen, thinking to have everything in your favor, but previously, you are the one who let it happened this intentionally in the hope and presumption that once you will get married with a u.s. ciziten, everything would be in a way you had wanted at first place and now found yourself in limbo situation.

The application I-130 filed by yr wife got approval because INS got convinced that yr marriage is a bonafide marriage (which only you know for fact) and INS could not be able to adjust your status(I-485)(green card) because you have (1)deportation in the system and (2) you have violated a court order issued by a immigration judge by not leaving the country within the time allowed to you by a judge(court) and (3) because of sec. 245(i) is not extended yet in order to give permission to the INS to process your adjustment of status application over here in the u.s. because you entered the u.s without any visa or fraudulent doucuments(i assume).

Pursuant to immigration laws, once there is a deportation, INS are not allowed to approve any green card application because only immigration judge is allowed. This is done thru a procedure called "removal(deportation) proceeding" which means that your whole case would be in front of a immigration judge(court) who will decide your fate, and you must need to convince/prove to him that why you should not be removed from the United states. If judge gets convinced then you will receive your green card right away on the spot and no more any paper works.

Having a deportation order and did not leave the country, has no affact on your application now, but if ever you were asked about it then yr answer should be that you got married and yr wife is a u.s.citizen and you needed to be with yr family, that's why you did not leave the country and chose to stay here with yr family. But i do not know that how soon after the final hearing of your case you got married.

Now yr wife and child are the only reasons( i would say 98%) you have in yr situation in order to convince the judge about extreme hardship to them in case you were not allowed to live over here. Your previous appeals were denied because of yr own carelessness because you kept ignoring yr situtation (may be a fear of deportation) since you did not even care at that time to keep in touch with INS, court, BIA, post office and your last addressess in order to follow up yr case specifically when you knew that yr life was on line over here. Mistake occurs once, and not every times. I means before deciding for appeal, you or your attorney should know about the timing for appeal. What kind of Immigration attorney did you hire who even did not know about appeal procedure? And, if you were represented by yourself then how did you decide to proceed for appeal without knowing the procedural rules of it and now blaming others for yr mistakes. You messed up yr case yourself, but you stll be able to obtain yr residency over here if you hire a trial attorney who represents the clients in the court instead of attorney who represents only on the papers. I can provide you the names of some of them if you want, but you need to tell me where exactly do you live.

Attorney can file a motion for reconsideration of judge's initial denial decision on your appeal s because that appeal was filed on time at that time but judge denied it in error. In addition, it was a technical decision means your application was denied because of not following the procedural rules of the court rather than provisions of immigration laws. I believe you have very high chance of receiving residency since you are a spouse and a father of child who are u.s.citizens wherein extreme hardship is proved automatically since immigration laws are made based on family unity rather than family separation. The legnth of your stay over here, your social life, any criminal history in the past over here, emotional ties, length of separation from yr home country, and your home country's economic situation as well as your financial situation would play the whole role in judge's decision for green card during removal proceeding, and this would only happen, if judge will consider to hear your case since last time yr appeal was denied just because you did not file it on time rather than giving you a chance to defend or prove why you must be allowed to live here.

I would strongly suggest you that you should go thru the procedure of removal over here and if judge denies then you can leave the country and should file the adjustment of application at the u.s.embassy in yr home country. It will not take that long since you already has approval on I-130, because you can not get approval on adjustment of status application without having approval on I-130). I would say it will take may be 4-5 months(let me know which country are you from so i can give exact processing time, i assume that your are from India. At the time of adjusting the status, you will definately face 10yrs bar since you have been living here illegally more than a year starting from April, 1997, but you will be granted waiver since you have wife and child who are u.s. citizen. Keep in mind that technically this time yr hearing in front of immigrantion judge is not really for a deportation like it was before when you had no reason to stay here, instead this time it is about why should you be allowed to file adjustment application here rather than oversees since you did not enter legally, as well this time you do have reason to stay over here.So, this time they are not basically deporting you instead denying you to adjust yr status over here only, therefore, judge will definately not gonna deports you instead he will give you a choice to leave voluntarily so you can apply back home and if he deports you then you can not enter untill 10yrs, but again, you can file for waiver.In other words, technically they are forcing you to go back(deporting you) to yr home country to file for adjustment of status and then wanted you to enter legally. It is also a routine procedure that if someone has deportation then they have to deal with the immigration judge rather than INS since INS can not override the previous immigration judge's decision of deportation.

At last, i must tell you that our immigration laws are very complicated and are not written in as a blank and white, therefore, there is always a exception to the rule, you know what i mean. I hope i have answered your querry and wish you good luck.

The abovce case is one of my friends case, not mine, I know his case history, and I want to learn from that " what went wrong here"
ITs not that he don't care about his case."

He ( alien) is in NEW YORK city.
He did not enter on fake document OR NO document but HE entered ON B1/B2 overstayed here and Apply for Political asylum.
AS Far AS I KNOW, His case is not messed up by him, He hired a wrong attorney when filing political asylum and that mistake( BAD LUCK) cost him all that.
HE Hired FREDMAN LAW FIRM ( I GUESS) WHO WAS SAKED BY INS in 1996. his case was from the law firm who was no more in practice and he didn't know about this.
his marriage was decided ( more then three months)before the final hearing date. He got married 13 days after the final hearing.
He filed I-130 and I-485 package 3 weeks after the immigration judge decision of voluntary departure.
He hired new attorney and filed motion to reopen his case 78 days after the date of IJ decision against the same judge.( this decision was errored by immigration judge stating that motion is not timely {within 90 days and based on marriage}
HE lived 10 years in the same address, But did not receive the denial of letter of motion to reopen.
Motion to reopen , result (DENIED) came after three years after initial filing of motion against judge. While waiting more then two and Half years for . decision, his attorney suggest him to apply for EAD, while he went to pickup the EAD, INS officer told him to go get the decision copy thats how he came to know that he got denial. NO EAD issued.

BTW His case is prior to 245i. he grand fathered 245i but i,m not lawyer so i don't know if qualify for 245i,( he entered on B!/B2).

He his married . HAve kid and marriage is bonafide , he works and support his family. own a house in NY , his marriage is bonafide. we all friends know that. there is no foul play here.

Attorney knows the timing of appeal but its not his fault or his attorneys fault if the INS did not send the letter to aliens address. He own s that house where he lives, there are no chances of misplace the mail. He receive the another letter for EAD pickup at the same address after the decision but he never receive the Decision.

HOW the deportation works?
1) IF we send him back to his home country he will be bar to enter, how long he will be barred to apply for relief.
2) What will happend to meet the poverty line , he is the only one who earns and file taxes , his wife never worked in her life. if he leaves they (his wife and Kid)will have no income what so ever.another family goes to welfare.
3) his house will be foreclosure too.
DO u think he is qualify for 245I under preserved eligiblity?

I have taken notice as I have read through many of the threads and posts on this board, that those who are of value, educated, and have great knowledge or experience regarding immigration matters are always the ones to be discouraged, degraded, or having someone else use their ID.

Why? Because those who act upon this kind of immaturity have never learned for themselves or have never been taught the respect and appreciation of others. At one point in their lives, if not their whole life, they have been degraded and beaten down mentally, emotionally, and sometimes physically abused.

They have never accepted the fact that they have a problem and need to get help. To them, this is a normal reaction to make themselves feel empowered and noticed in which they have been denied at some time in their lives.

They feel this is their only way to make themselves feel worthy over those in which actually intimidates them.

Please, to those in which feel they have to do this kind of act to hurt others, there are other ways. Example: Negative Responses vs. Positive Responses. You give a positive response, you will receive back the same.

Just want to add ...
all the appeals were in time frame except one, the immigration judge decision of motion to reopen.
Motion to reopen again Immigration Judge.. timely filed (as married to USC and AOS is filed) but judge denied.. not timely and did not received this decision.
Motion to reopen (2nd motion filed to open Political asylum case after the immigration judge decision ( not filed within 30 days) .. Not timely file to BIA.
Motion to reconsider....timely filed To BIA.

TO: NOT A TYPICAL QUESTION

I am sorry if i have offended you. You must be a very close to yr friend since you know everything about his case including timing of those appeal and applications.I have given you best advises to the best of my abilities based on my assumptions of yr friend's situation since yr post did not provide me suffient information in order to give you perfect advise in his case and i hope you will admit that.

I understand your friend's situations, but do you honestly think that INS or Court would admit they did not send the decision letter to you. You should know that this kind of mailing job is done by low level employees of the INS and some of them are anti-immigrant so it is possible that they did not mail to your friend. But, it is all history now, and the only fact is matter that your friend's case would be handle by the court instead of INS, and your friend needs to convince to the judge that your position is justified whether about timing of filing that motion or reserve the right of p. residency. As i already answered you that he has high chances of granting p.residency at the time of removal proceeding, but the only problem is to convince the judge to reopen the case at this point.

Section 245(i) does not apply to individual (yr friend) who entered in the u.s. legally with inspection and have u.s.citizen as a immediate relative( in yr friend'case his wife and children) in order to overcome other techincal violation of immigration laws (like even if he overstayed here illegally). So, he should not be worried about sec. 245(i).

As i explained you before that if he goes thru the procedure of "removal proceeding", then at that time he needs to prove the financial and other hardships to his wife and children specifically when he is only the one who provide to them. If judge agrees with his arguments then he will receive his p.residency right away on the spot and no need to prove anything to anyone. But, if he choose to file at the embassy, then he must need a us citizen or a p.resident to furnish a "affidavit of support" who make enough money within the guidline of u.s.govt povertiy list which he can find on the form of affidavit of support since govt kept changing its criteria. It is not necessary that the person must be his wife or relative alone since anyone can furnish for him as a joint as long as they are us citizen or a p.residents.

As far as forecloure of his house is concerned, then i would say that it is not a immigration issue and INS has nothing to do with yr friend's financial situation (house or million of dollars etc.). It does not matter to them what yr friend has those things nor they get involve even if he is deported. But, obviously, the bank will foreclose his house if they do not receive its morgage payment on time.

Most of your questions, i have already answered before if you read carefully. At last, i would say that yr friend is the victim of his attorney's mistakes, that's why it is very important to choose a attorney who will care about yr case instead of his fees, and do not rely on attorney alone insteads do your research also on the side as well as keep follow up yr case periordically so that your life would not be end up like yr friend because of the mistakes of others (including INS and courts also).

I wish good luck to him.

Thank you sammy,
I know him since he came to USA, I picked him up from the airport and he stayed with me and my family before he got married.
I advised him to change the attorney but he didn't. I think his attorney messed up his case too. He is very hard working man, but don't know much english ( another reason for screwup).
So most of his corrospondance handled by friends.
That how I know all the case history.
As you know he filed the motion to reopen but judge refused to open his case.
I don't know how he can convince Judge for extremely hardship when judge don't want to open his case.
should he appeal to supreme court?
Did that error by immigration judge ,entered on the date of filing first motion can be considered as "err by the immigration judge" when immigration judge denied his motion to reopen, stating that he didnot file timely appeal to reopen( motion to reopen is time bounded by 90 days and he have proof, opposition to motion).

I have seen his motion denial letter. Immigration judge written that he applied for motion on 20th june and based on that he was late and motion was denied .not timely.
In the oposition to motion. INS writes, Alien file motion on date 3rd june.
3rd june date is within 90 days. He has affidavit of delivery and origional copy of motion dated 28th may.
Afaidavit of deliverey is maked 28th may too.
are these proof enough?
MY last question is How Long he will be bared for the relief if he self deported?

Thanks for your help.

TO: NOT A TYPICAL QUESTION

I got the perfect understanding of yr case and it seems to me that yr friend has not that much chance over here since he waited long in order to reopen the case since every appeal or case has a deadline for its closure.

Yr friend needs any trial attroney who represents in the court, and very aggressive and knowledgable one who can fight for him because he is a limbo situation.Now it the time for him to fight for his immigration right under the immigration law. Sitting down and doing nothing would not do any good to him anymore. Now, it is a time of action. I can able to provide you the names of some of attorney who can fight for him, but you need to give me his address. Those attorneys would not be that expensive and he should understand that he can make money anytime as long as you are healthy and live here, but it not important more than his family and his immigration life over here. It would be completely his call. However, i will still provide you the name of two immigration pro-bono services wherein you can get as much information you want in yr friend case and you can call them from anywhere since they never ask anything from you anything just questions only, but pl find somebody who can speak little bit good english on behalf of him , but if he speaks a spanish then no problem, so you let me know where he lives and what is his decision.

In my opinion, based on my own experience and knowledge of laws, his case can still be opened, and always remember that immigration laws are not as "black and white", and there is always a exception to the rules. Tell him do not get disappointed and stand up to fight for his rights. He must need to file a motion to reopen his case and if this judge's do not agree to reopen then the case can be able to appeal upto the Supreme case, but not granting him a residency is out of question since he has a u.s. familiy and eligibility for his right to be and in opinion, court should not decide his and his family's fate just merely based on not following the precedural rules of the court.

There is no bar to him if he leaves voluntarily as far as voluntarily departure under deportation order is concerned, and he can able to come next day if he chooses as long as he has visa. However, 10yrs would still apply on him, but he still be able to come here based on the approval of waiver application which would totally depend on extreme hardship to his family over here in the absence of him. I would not personally advise him to leave the country without giving my all efforts over here sereiously. You can email me at wilerao@hotmail.com for receiving the lists of attorneys, if yr friend wish to. I am sorry that i can not represent yr friend since i am not a attorney. SORRY.

Indeed Sammy knows a lot...

I,m completely agreed with you. He have vast knowledge of Law. he can answer the questions which regular attorney cannot. I put this question after consulting many attorneys but never get correct answer.
the correct answer I got either from him OR from One professor who teaches Law In reputed university.