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what a nightmare!

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  • what a nightmare!

    I was 12 when i entered on a guest visa with my parents. I was 14 when family asylum case was denied. meantime went to school-highschool-4 years college. now i m 24 just got married to USC for love. 6 years ago after all possible delays me and my parents got a letter from INS ordering to show up with luggage to be taken to the airport for departure. which we never did. Do i have any chance to legalize now? I have no crimenal record and married for real.

  • #2
    I was 12 when i entered on a guest visa with my parents. I was 14 when family asylum case was denied. meantime went to school-highschool-4 years college. now i m 24 just got married to USC for love. 6 years ago after all possible delays me and my parents got a letter from INS ordering to show up with luggage to be taken to the airport for departure. which we never did. Do i have any chance to legalize now? I have no crimenal record and married for real.

    Comment


    • #3
      If you had a final order of removal against you at the time you entered into the marriage, USCIS will most likely ask you to leave the country unless you can prove by clear and convincing evidence that your marriage was entered into for love and not to avoid the order of removal. You have a chance at AOS, or so it appears. All this would apply only in the case you were admitted into the U.S. If you were "paroled" into the country you (via your attorney) could always quote Succar (First Circuit Court of Appeals, 2005) but it would be a difficult case.
      The same cannot be said about your parents.
      This is only my opinion on this issue and it's not to be taken as legal advice. If you require legal help contact an attorney.

      Comment


      • #4
        after I-130 is filed. most cases it could be approved without showing for the interview.But what if INS calls us for the interview to prove marriage, then i can get arrested right on the spot without even starting interview since there is an order of deportation in affect. what should i do in this case? or maybe there is a way to get around I-130 without showing up for the interview; sort of a guarantee from INS that i dont get arrested on the spot if i need to appear for the interview on i-130. any thoughts on this?? thank you all.

        Comment


        • #5
          I don't think you can get a guarantee from the USCIS for anything. If you had a final order of removal and then got married that could be seen as marrying to avoid deportation.

          You should find a very good immigration lawyer NOW!!!!!!!!

          Comment


          • #6
            Been there, done that.
            There's NO way around a final order of deportation. One thing you can do is to file form I-130 *without* filing I-485. I-130 will be approved even with a deportation order without any interview. I-130 is used to qualify a relative for the immigration purposes. Make sure on the I-130 you specify that you'll apply for an immigrant visa at your home country - not adjust status while in the U.S. The USCIS will not allow you to file I-485. If you do they'll invite you for an interview, detain and deport you.

            After your I-130 is approved it will be forwarded to the National Visa Center (NVC) and to your home country's U.S. embassy. Once you leave the country you'd be considered self-deported - that in turn will trigger a 5 year ban on re-entry. Because it's been more than a year from the deportation order you'd also be inadmissible for 10 years for illegal presence.

            The embassy will determine your inadmissibility during your visa interview. Next step is to apply the for waivers of those inadmissibilities. To clarify: you'll be inadmissible for 5 years after deportation (waiver form I-212) and , concurrently, for 10 years due to illegal presence (waiver form I-601). To prepare approvable waivers visit www . immigrate2us . net website and read sticky posts on the I-601 forum. After waivers approval you'll get your immigrant visa and will be back to the U.S. You can also find out how long it'll take on the same website. If anybody tells you there's another way to legalize - walk away as fast as you can and save your money.

            Cheers.

            Comment


            • #7
              can i cancel deportation order after I-130 gets approved???trying to cancel by BOA court?and then file I-485 while present in the US????

              Comment


              • #8
                NO, you can't. You have to depart the US in order to have any chance of obtaining legal status. If you continue to stay, you're just going to spend a lot of money and eventually have to leave anyway.

                Comment


                • #9
                  Approved I-130 does nothing to your present status/immigration situation. I-130 (Application for Alien Relative) is just that - it establishes a qualifying relationship for the purpose of immigration. It does not change your status from illegal to legal - filed/pending/approved I-485 does. But in your case filing I-485 is not an option (we thought it was but after filing and showing up for an interview the only option was to spend a few months in detention and be deported). BOA can only get involved if a deportation order is not final, meaning you can still appeal the original decision denying asylum claim. Believe me if there was a smallest chance of adjusting status without departing the U.S. we'd do it. But after speaking to a numerous lawyers/experts and wasting a lot of time we did it the hard way. So, stop kidding yourself and start preparing the waivers. Like I said we been there, done that.

                  Cheers.

                  Comment


                  • #10
                    tell me please . what is a final porder of deportation?how does it look like? also i was a minor at that time, doest it change anything?

                    thanks

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