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  • WORK CARD ??

    my case was denid by the BIA, now today I recive a letter from the INS in NV that my adjustment of status has been accepted for processing,then second para I see notice to applicant about the GC, then third para saying that my work card was approced and I have a appointment to go and pick it up.
    is that right?
    can it be a trick for deportation?
    (my case is asylum case, under remavel)

  • #2
    my case was denid by the BIA, now today I recive a letter from the INS in NV that my adjustment of status has been accepted for processing,then second para I see notice to applicant about the GC, then third para saying that my work card was approced and I have a appointment to go and pick it up.
    is that right?
    can it be a trick for deportation?
    (my case is asylum case, under remavel)

    Comment


    • #3
      para is : paragraph.

      well I suspect this letter that the INS want me to go there and remove me from the country, because it is not ofical at all, it sound strange!! can they trick me? just to go there and remove me...

      Comment


      • #4
        your case has now been marked with a "final removal order". Meaning you've exhausted your appeal and now have to leave. Like NOW.

        More detailed version : Your file has been sent to local ICE offices with instructions that you've had your time in court. You Failed. Now it's time to go to get you and toss you out.

        If you don't show up. Expect a knock at 7am.

        Hope you enjoyed your stay.

        -= nav =-

        Comment


        • #5
          hey, even I filled the motion to reconsider they will remove me from the country? is there any solution for this, extention for stay of removal or to file to the ninth circuit?
          did they have time to come and pick you up? other ways to get justice in the U.S.?
          what about the 5th Amedment of the US Constitution?

          Comment


          • #6
            talk to your lawyer who was doing your case with the BIA. If you went to immigration court and prepared your own case and defended yourself, maybe that's why you got denied.

            -= nav =-

            Comment


            • #7
              I have no any Lawyer that helped me with theis case, I am doing everything by my own...
              So what do you thisnk, the INS WILL NOT TRICK YOU TO REMOVE FROM THE COUNTRY

              Comment


              • #8
                They tricked me!
                I didn't know because of the wrong address that there was a final deportation order on me issued in abcentia after an asylum case was denied many years ago. We filed I-130 and after it was approved mailed in I-485 and all the supporting forms. Well, that whole packet came back with a written note that this office only accepts walk in filing. Little did we know that when I showed up to file in person I was called in a back office, shown deportation order, hand-cuffed and put in a holding tank. We hired another lawyer to deal with the situation but after a motion to re-open that old asylum case was denied I was deported.

                So, I'd say yeah, they can trick you.

                Comment


                • #9
                  Steve,
                  The letter you received will only say that they received your application for procedd, your application will not be processed because once the case goes to EOIR, INS lost its adjucation power over your case , you case can only be processed in court. and your case cannot be processed because courts are not walk-INS.
                  You case has to be motion or remanded. if Judge or BIA will agrees to open then only you can argue to adjust based on your merit.
                  IF your case is denied by BIA you have 30 day to file motion to reconsider and if the reconsider id denied then you can go to circuit court.
                  If you have deportation against you and its final and your applicable time of appeal is expired, any reason you go to INS you will be detained and then it will be looked at if you will be bonded or any other way you can be released. if not you will be deported.

                  Pete,
                  You had deportation order againt you in absentia, once you went to file you were detained because you were in flight risk.
                  Next part of the motion looks to me that were not strong or you may not met the merit OR evidence which was not discovered at the time of hearing or evidence developed later after hearing Because Burdon of proof rely on Alien.( just guessing)
                  If you file I-130 and its approved then you can can be fought in different way. If your 130 was based on Marriage then , I wonder why your attorney didnot ask for the relief available for you based on marriage and hardship and all that other good stuff?
                  Its a discussion, not a legal advise..

                  Comment


                  • #10
                    Thanks guys,
                    well How I can get work Card in this case, thagt it was denid by the NIA, but I already filled motion to reconsider withn 30 days.
                    2- How I can avoid deportation?

                    Comment


                    • #11
                      Trying to get the work card is useless since they'll probably arrest you on the spot once they realize you have a pending deportation order.
                      File a motion to appeal immediately before the 30days lapse. Also, its really time for an immigration lawyer here, there's only so much one can do alone.

                      Comment


                      • #12
                        you will not be issued EAD, Only think you can do it to file for a Motion to reconsider in BIA within 30 days and if thats denied ,you can file in circuit court( make sure you have the Point of merit etc, otherwise it will be denied ,again) Also you should follow the procedure of MOtion because if your motion is rejected it will not toll the time of 30 days.
                        To aviod deportation you have to have a genuine reason of adjustment, which you should prove in Court after the motion is granted. some alien have reason for adjustment but still cannot adjust because their motion is not granted, if the case is not open by IJ/BIA/CIR then , alien will not be able to adjust.
                        their are other clauses( I cannot explain each and everyone here) which has to be looked at, For example if the alien has any bar of relief etc.
                        My advise is to get an attorney who have experience in Deportation and discuss your case with him. ONe more thing, Filing Motion to reconsider also cannot stop your deportation , I mean if you file for EAD and you were called to pickup EAD While deportation exsits, And you filed for Motion to reconsider, you still be deported because motion don't protect you to be deported.
                        Its a discussion, not a legal advise..

                        Comment


                        • #13
                          So the best thing is to go to the Ninth Circuit., this there will be an automatic extention for deprotation....or maybe I should ask for it on the same time....
                          Can I do both the motion to reconsider with the BIA abd the appeal to the 9th Circuit,,,, I know I will pay twise, but how it wilkl be the case here?

                          Comment


                          • #14
                            No, you can't do both at the same time. Matter of jurisdiction.
                            You should file Motion to re consider first and then if failed, file for circuit court.
                            It will not toll the deportation period, unless ask for and granted.
                            Its a discussion, not a legal advise..

                            Comment


                            • #15
                              HOW TO AVOID DEPORTATION OR REMOVAL?

                              Comment

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