I-485 denied due to lack of prosecution, facing removal.

[Mark Lz.]

I came here in 92 from Vietnam and was given Public Interest Parole status 212.d.5. There is no expiration on the card. I applied for a green card in 2001 using my Uncle as the petitioner (something I now know will not work). At the second interview, the Immigration Officer told me that my application would probably be denied and that I will have a written notice within 30 days. One year later, I was asked to attend 2 more interviews to which I did not show. I now know that was a bad thing to do.

I received a letter from the district attorney two weeks ago saying due to my I-485 is denied, my authorized employment is also cancelled and I have to leave the U.S within 60 days.

I showed the letter to an attorney and he said it was just a form letter and there is nothing to worry about (that my PIP status is not really revoked). I don't think he is telling me the truth. I'm going to see more lawyers but I'm wondering if anyone is familar with my situation and can provide some useful inputs.

Mark

[Mark Lz.]

I came here in 92 from Vietnam and was given Public Interest Parole status 212.d.5. There is no expiration on the card. I applied for a green card in 2001 using my Uncle as the petitioner (something I now know will not work). At the second interview, the Immigration Officer told me that my application would probably be denied and that I will have a written notice within 30 days. One year later, I was asked to attend 2 more interviews to which I did not show. I now know that was a bad thing to do.

I received a letter from the district attorney two weeks ago saying due to my I-485 is denied, my authorized employment is also cancelled and I have to leave the U.S within 60 days.

I showed the letter to an attorney and he said it was just a form letter and there is nothing to worry about (that my PIP status is not really revoked). I don't think he is telling me the truth. I'm going to see more lawyers but I'm wondering if anyone is familar with my situation and can provide some useful inputs.

Mark

[Kollerkrot]

Hi Mark,

may I ask you why you felt compelled to apply for a green card (I-485) to begin with? You had PIP status with no expiration, right? What's the difference in the two, if any?

[Mark Lz.]

With a green card, one can apply for citizenship which protects them from deportations if they are convicted of aggravated felonies. I have never had a problem with the law, however.

[Mark Lz.]

Plus they don't have to pay $180/year for work permit and can sponsor family members to the U.S

[Kollerkrot]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mark Lz.:
Plus they don't have to pay $180/year for work permit and can sponsor family members to the U.S </div></BLOCKQUOTE>

OK, I can see that paying $180 a year can be a bother, but to only apply for citizenship because it could protect you from perceived or anticipated trouble, does sound kind of strange.

I don't really know how that works, but wouldn't you be able to apply for citizenship out of PIP status after being here for such a long time?

Just curious?

Regards,

[Kollerkrot]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mark Lz.:
I came here in 92 from Vietnam and was given Public Interest Parole status 212.d.5. There is no expiration on the card. I applied for a green card in 2001 using my Uncle as the petitioner (something I now know will not work). At the second interview, the Immigration Officer told me that my application would probably be denied and that I will have a written notice within 30 days. One year later, I was asked to attend 2 more interviews to which I did not show. I now know that was a bad thing to do.

I received a letter from the district attorney two weeks ago saying due to my I-485 is denied, my authorized employment is also cancelled and I have to leave the U.S within 60 days.

I showed the letter to an attorney and he said it was just a form letter and there is nothing to worry about (that my PIP status is not really revoked). I don't think he is telling me the truth. I'm going to see more lawyers but I'm wondering if anyone is familar with my situation and can provide some useful inputs.

Mark </div></BLOCKQUOTE>

I think that lawyer is telling the truth because according to the letter from the D.A., the denied I-485 automatically assumes that your work authorization was issued in conjunction with the I-485, which in your case is not so.

I suggest you get on this a.s.a.p. to straighten things out.

Good Luck,

[Mark Lz.]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kollerkrot:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mark Lz.:
Plus they don't have to pay $180/year for work permit and can sponsor family members to the U.S </div></BLOCKQUOTE>

OK, I can see that paying $180 a year can be a bother, but to only apply for citizenship because it could protect you from perceived or anticipated trouble, does sound kind of strange.

I don't really know how that works, but wouldn't you be able to apply for citizenship out of PIP status after being here for such a long time?

Just curious?

Regards, </div></BLOCKQUOTE>
I see it differently. I went to college here and have found a decent job in the states so I don't mind pay $180 a year. But the possibility of getting deported because of something like a car accident (possible vehicular manslaughter) worries me. Plus I can't travel out of the country without risking not being able to go back. I have to apply for an advance parole and there are rules to follow or I can't come back.

One can't apply for citizenship with PIP. And up until 2003, if they were given a green card, they would have to wait for an additional 5 years to apply for citizenship, regardless of the length of their stay in the U.S. Now, under Indochinese law signed in 2003, I can apply for a green card on my own and don't have to wait 5 years. The thing is I have just found out about this law a few days ago. And now that I am facing removal according to that letter, I need to get a lawyer. I'm going to see two more lawyers tomorrow but I'm just wondering if anyone has been in the same situation and how they resolved it.

[senowen]

Listen, in the first place, they can't remove you until DHS files a Notice to Appear charging you with some form of removability. Then you would go through removal hearings before an immigration judge. (1) I don't think they are going to file an NTA because I don't think they have any grounds to remove you. (2) Even if they try some inventive statutory construction to charge you with removability, they still have to prove it to an IJ. (3) Even if you get one of the xenophobic IJs you can appeal to the BIA and then to Federal Courts. (4) Even if you are put into proceedings, you will have at least several years, 3-5, before a removal order would really be executed, and you can apply for adjustment of status during that time, if you just so happen to marry a USC, if you have a USC child who turns 21, if there is an amnesty law. So don't sweat. If you don't get a notice to appear they can't remove you. If you do get one, find a good attorney and fight like hell.

[Mark Lz.]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by senowen:
Listen, in the first place, they can't remove you until DHS files a Notice to Appear charging you with some form of removability. Then you would go through removal hearings before an immigration judge. (1) I don't think they are going to file an NTA because I don't think they have any grounds to remove you. (2) Even if they try some inventive statutory construction to charge you with removability, they still have to prove it to an IJ. (3) Even if you get one of the xenophobic IJs you can appeal to the BIA and then to Federal Courts. (4) Even if you are put into proceedings, you will have at least several years, 3-5, before a removal order would really be executed, and you can apply for adjustment of status during that time, if you just so happen to marry a USC, if you have a USC child who turns 21, if there is an amnesty law. So don't sweat. If you don't get a notice to appear they can't remove you. If you do get one, find a good attorney and fight like hell. </div></BLOCKQUOTE>
I'm so glad to hear that. Thanks.