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Urgent advice on waiver

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  • Urgent advice on waiver

    I just got married to my fiance who is a residence of US. She is getting ready to petition for me. I have been on deportation proceeding for the last 8 years with my case still at the 9th Circuit Court of appeals. If we were to go for an interview with the INS and passed, what waivers can I file to cancel the deportation proceeding based on my marriage and approved petition? When do I need to file this petition? My fiance and I have been together for 7 years and have 2 children together.
    Thanks for the advice.

  • #2
    You are already in proceedings, so only the judge can order you admitted. USCIS will deny any application you submit because you are already in proceedings. And you have to end your appeal in the federal courts as well as the IJ will not entertain anything while it is under judicial review. And the appeals court cannot take into account your changed circumstanses. The agency and the IJ have to deal with it first and then you appeal their denials.


    • #3
      In short, my wife should not attempt to petition for me until my case is decided by the 9th circuit court of appeals? This case has been in the appeal court for the past 5 years, no response yet.
      Do Ihave any other option to resolve this. Can my wife still petition for me?


      • #4
        jus ask fredy to thump on his bible and god will send you a green card....but really...who gives a rat's a$$ about some douchebag illegal alien who has shown a consistent pattern of not respecting the laws of MY country???? Just because you married some trailerpark cow doesn't waive all of your transgressions....get the eff out of MY country, $hitbag.


        • #5
          Obviously you sound very uneducated and ignorant of the world around you. I am surprised you didn't know that your father and grandfather emigrated to this country. You need to learn more about your heritage and history. This will do you a lot more good than been judgemental and aggressive about nothing. I do feel sorry for you, because your thoughts and feelings does not really matter in this case. Good luck buddy. You need it than the so called trailerpark cow.


          • #6
            Your solution is to end your appeal, then request that the IJ make a decision in your favor based on your marriage.


            • #7
              let's see....who is in deportation (nope, I am an American citizen)...or you, a cess pool don't know anything about my heritage, whereas I step carefully over yours many mornings, when people don't pick up after their and fredy ought to go shower together and pick up the soap for each are nothing but lowlife soon-to-be deported trash, to be tossed out with old banana peels....


              • #8
                Who needs to continue to answer a dumb brain like you. I am sure you don't even have a high school GED, so why waste time with you. Obviously one can see from your posts that you also don't have a job. Stop being angry, you might develop cancer sooner than you thought. Immigrants are here to stay, leave with it or ***X, you know what that means or do I need to clarrify it to you?


                • #9
                  Originally posted by federale86:
                  Your solution is to end your appeal, then request that the IJ make a decision in your favor based on your marriage.

                  Could you please enlighten me as to how to do this. Do I need to file a motion to the 9th circuit courts. Please explain.


                  • #10
                    what fed said was right- when you file the application it will get denied. This has to be taken care of in the courts and through the appeals process. Is a lawyer handling your deportation case? Have you told him/her that you have married a US citizen?


                    • #11
                      Submit a motion to the court withdrawing your action. Then at your next immigration hearing request a decision in your favor based on your marriage.


                      • #12
                        Don't listen to C rap.
                        Here IS the details you need to know:
                        You are alreay in 9th circuit. Don't expect any interview from USCIS. You are not in deportation proceeding You are already deported.
                        Your case in in civil court this means you was deported by Immigration judge, You appealed to BIA and BIA appeal was sustained. next step you went to civil court ( 9th circuit.)
                        Base must be either wrong finding of Immigration judg's decision Or the facts that you didnot disclosed in you removal proceedings. OR it can be Inefficient counsel representation.. Called LOZADA motion.

                        THie post is not very clear about your case so I cannot make any presumption, Therefore I am unable to put you in right direction..

                        Things I want to Know.

                        How You entered.?
                        You must have NTA issued to You because Your case (8year older) means its after IIRIRA act of 1996..
                        What was written on initial decision from Immigration judge?
                        Did you filed Motion to reconsider with IJ or directly filed BIA appeal?
                        What is your base in ( circuit?)
                        Do u have any criminal record?

                        ID you entered legally why your attorney didnot filed joint motion? you have enough hardship, I presume.
                        Did you pay all your taxes ?
                        Is your wife citizen or GC holder?
                        Its a discussion, not a legal advise..


                        • #13
                          So jimi...let's see how smart and brave you are.....let's meet at the nearest USCIS office amd then, the IRS office...where you can explain why you have been disobeying our laws and cheating our tax code...but of course, your courage is inversely proportional to your wife's dress size....


                          • #14
                            You are not deported yet. It does not take effect after a court has ordered a stay. You are not deported until the final order is in.


                            • #15
                              you are removed. you are fighiting the removal. if 9th circuit decide in your favour then still your case had to be remanded back to BIA and case will be revisited to turn over the removal. till then you are removed. your attorney might have filed stay. means you should be allow to stay here in US because you have case pending in circuit court. If stay is denied then you have to leave and fight your case from your country.
                              Before IIRIRA act of 1996, stay was automatic but that was changed in april 1st 1997. now even the case is filed in circuit court Uscis still can remove the alien physically. Lwas allow that.
                              if the circuit court appeal dismissed then you are almost exhausted. in case you have enough hardshipto USc or Resident aliens , you have to file a joint motion and reopen the same case in the same court( same Immigration judge) . then only you can get your status adjustment. Or remove yourself, do DCF and file waiver and come back.
                              Its a discussion, not a legal advise..


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