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  • Dear Mohan, reply Pls!

    I post couple of questions regarding about my cancellation of deportation and now INS send me a letter saids I have to file AOS and I-601.
    Do I have to file work authorization w/AOS?
    Why I need to file I-601?
    Do I have a chance to go back to my country when I file AOS and ask INS to get a advanced paroll? or I can't do it because no matter what INS judge said, I was once in deportation proceeding?Pls read my old posted message under"Kyon".thanks!

  • #2
    I post couple of questions regarding about my cancellation of deportation and now INS send me a letter saids I have to file AOS and I-601.
    Do I have to file work authorization w/AOS?
    Why I need to file I-601?
    Do I have a chance to go back to my country when I file AOS and ask INS to get a advanced paroll? or I can't do it because no matter what INS judge said, I was once in deportation proceeding?Pls read my old posted message under"Kyon".thanks!

    Comment


    • #3
      I think I can help you out a little bit. I think the the judge ordered cancellation of of removal in your case and requested the INS so that you would be able to adjust status.

      But since you were in removal proceedings and are not legible to file AOS with the INS, you have to file the waiver 601. I would suggest going to www.immigrate2us.net to get help on your 601. When you file the AOS, you are eligible to file for EAD concurrently.

      I would not suggest for you to file for advance paroll as if u go back home you will have to face the 3/10 year. I would suggest wait a little till you get a 551 stamp in your passport.

      Comment


      • #4
        If your cencellation of removal is granted and remanded back to DHS you have to file for AOS. you can also file for EAD and you will get EAD. you don't have file 601 waiver if cencellation of removal is granted. Cencellation of removal has one requirement similar to 601 waiver( you might already fulfill that requirement if you have removal granted)
        You cannot ask for advance parole if you have to file 601 because you will not be allowed to come back even you have permission. 601 is for 10 years bar and bar doesnot start unless you leave the country. once you leave the country without getting GC you will be bared no matter what.

        my answer is based upon what you wrote above. to know more about your case .I need to know what adjectly IJ decide in there terms. Did your cencellation is granted based upon 10+year physical presence and good moral + hardship to USC/LPR
        Its a discussion, not a legal advise..

        Comment


        • #5
          Thank you for both to reply my questions.and here is what IJ said on my paper.
          "visa waiver pilot alien-not subject to removal proceeding" and appeal was waived.
          my order doesn'y say anything about 10yrs bar or nothing.also I recieved letter from prosecutor from INS said error was made in issuing the notice to appear.
          Reason: I entered US under the visa waiver pilot program and my passport showing WT admission stamp.

          >to know more about your case .I need to know what adjectly IJ decide in there terms. Did your cencellation is granted based upon 10+year physical presence and good moral + hardship to USC/LPR

          No, Mohan, I don't see anothing about my condition of cancellation of removal proceeding.
          what I wrote above is I can find on my IJ order.

          Comment

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