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My wife is from Indonesia and she came to the US in 1999, she applied for assylum but was denied and in deportation procedings when we got married in 2001. We had a lawyer file the I-130 and I-485, maybe 3 months later we fired the lawyer and hired a new lawyer and he filed another I-130 and I-485, In September of 2002 we had our I-130 reviewed and the investigator agreed we had a legit marriage. A month or so later the assylum judge agreed to remove my wife from the deportation proceding. The lawyer told us my wife would have her green card hearing within a year or so but in mid 2005 we still had not heard anything and the lawyer was refusing to return our phone calls we submitted a new I485 on our own based upon advice recieved from a INS rep. WE had not heard anything at all from INS and at the end of 2005 we moved to another state and sent an change of address card to INS. In August of 2006 we still had not recieved any notice from any of the forms we submitted so I contacted the local congressman, what a rep from his office told me was that INS had all the original I-485 pending but that it was just sitting on someones desk collecting dust but they had been able to get someone working on it, in June of 2007 my wife finnaly recieved her work permit and a notice that we had to go to a residency hearing but the hearing was at an office 5 hours from our house and we wanted to reschedule it at the office in our town, we had a lawyer send off the request to change the hearing site. On September 10 my wife got as letter from INS that stated she had abandoned her case and theirfore she had 30 days to leave the country because she did not show up for her hearing. The new lawyer is telling us we can just re-file a I485 but that INS can come and pick my wife up if they want to. I just want to know if anyone else has gone thru this and if so what did you do to fix it?
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My wife is from Indonesia and she came to the US in 1999, she applied for assylum but was denied and in deportation procedings when we got married in 2001. We had a lawyer file the I-130 and I-485, maybe 3 months later we fired the lawyer and hired a new lawyer and he filed another I-130 and I-485, In September of 2002 we had our I-130 reviewed and the investigator agreed we had a legit marriage. A month or so later the assylum judge agreed to remove my wife from the deportation proceding. The lawyer told us my wife would have her green card hearing within a year or so but in mid 2005 we still had not heard anything and the lawyer was refusing to return our phone calls we submitted a new I485 on our own based upon advice recieved from a INS rep. WE had not heard anything at all from INS and at the end of 2005 we moved to another state and sent an change of address card to INS. In August of 2006 we still had not recieved any notice from any of the forms we submitted so I contacted the local congressman, what a rep from his office told me was that INS had all the original I-485 pending but that it was just sitting on someones desk collecting dust but they had been able to get someone working on it, in June of 2007 my wife finnaly recieved her work permit and a notice that we had to go to a residency hearing but the hearing was at an office 5 hours from our house and we wanted to reschedule it at the office in our town, we had a lawyer send off the request to change the hearing site. On September 10 my wife got as letter from INS that stated she had abandoned her case and theirfore she had 30 days to leave the country because she did not show up for her hearing. The new lawyer is telling us we can just re-file a I485 but that INS can come and pick my wife up if they want to. I just want to know if anyone else has gone thru this and if so what did you do to fix it? -
The best way to "fix" it is NOT to file bogus claims of asylum in the first place.Comment
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shes not eligible for adjustment of status. she has to go home 2 years then apply.Comment
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I don't understand why you would try to re-schedule your interview. You've been dealing with this since 2002 so why wouldn't you just drive the 5 hours the night before, stay somewhere and go to your interview? Missing your interview was a very bad move and I hope you guys have a REALLY good lawyer to handle this.Comment
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"SunDevilUSA" before you try and act like you know what you are talking about you might want to do a simple google search on indonesia and you will see that the majority of assylum cases are not bogus based on what has happened in that country in the past 10 years alone, next time try and think before you type, it might impress more people that way. remember as Forrest Gump said "stupid is as stupid does"
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Torlov: I simply remind you that your wife's claim of asylum was so legitimate that...well, it was DENIED!!!Comment
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Fiscal year 2002
Asylum approval rate for cases decided
Indonesia: 29.9% Approved 70.1 % Denied
Source Refugee Reports Dec 31, 2002
Other countries:
China 59.7 % Approved
Mexico 6.8% Approved
Ethiopia 75.1 % Approved
Russia 49.5 % Approved
Iran 67 % Approved
El Salvador 10.6 % ApprovedComment
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There're instances of troubling times in 1998 during the economic crisis, but many Chinese-Indonesian took advantage of that to claim asylum in the USA even though it does not affect them.
As for religious based asylum, Indonesia is the world largest moslem country but most of them are moderate and tolerant. There're flaring hot spots of course but again, I doubt the majority of religious based asylum is from those who lived in that area.Comment
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The asylum case was denied. Let's move on. What about this pending I-485? Why didn't you go to the your interview? I don't understand why you would want to re-schedule something so important. What is your lawyer planning on doing besides re-filing?Comment
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Here is a link to statistics on asylum
http://www.dhs.gov/ximgtn/statistics/
The person he is applying for is INELIGIBLE for adjustment of status because she was in removal proceedings. Review I-130 form instructions for further details. A husband or wife in exclusion or deportation hearings when the marriage took place may not get I-130 approved unless they have resided outside the US for a 2 year period. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD
The question has been answered; your application is once again, sadly, DENIED. It is futile to keep reapplying.
Please close this thread IMMEDIATELY or you will be REPORTED to ILW.com officials and action will be taken against you to be banned from the internet forever
Thank you for your inquiry.Comment
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On the I-130 form "Who may not file.." section 6 - Spouse who is in removal proceedings...
It does not indicate this on the I-485 but there is a section there which bans it if your authorized stay has expired but this is normally waived in most marriage cases.
However, putting the 2 forms together it would imply that overstaying is waivable until the spouse is put into removal proceedings.Then the spouse must leave the country for 2 years before applying for I-130.
An alternative scenario arises in a situation where someone has failed or abandoned removal of conditions (I-751) based on a marriage that has been terminated. If an I-751 is not filed or is abandoned, a person loses their status as of the 2 year anniversary of being gicen conditional status and is removable although may not actually be in removal proceedings. One attorney told me that this 2 year rule automatically applies but I disagree. I think you have to be in official removal proceedings for it to apply. He has a client that remarried and abandoned the removal of conditions and he claims this is the case and they are banned for 2 years. Also if the agency finds marriage fraud, they can not be sponsored by the new spouse (but probably by their USC child in 21 years). I am not privy to the outcome of that case.
In the situation described above, the spouse was definitely in removal proceedings. Therefore it has to apply. I see no waiver possibility as it is explicitly laid out on the form and the law. This spouse should go home, wait the 2 years and then apply. I believe this would involve the least amount of risk and pain. Would be interested if anyone has a different opinion.Comment
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I have never heard of an EWI petition being granted. I know many times, either on purpose or by mistake, petirions get approved that should not be. An adjustment of ststus for marriage to an EWI should never be approved. Thats the law, but thats not to say it wouldn't happen. I think in recent years the service has been much better at training and auditing approvals so the chances are slimmer than they used to that a mistake like that can happen. Its a roll of the dice.Comment
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I wouldn't trust everything on the internett. Sometimes people just get confused with their stories and abbreviate the truth or make it seem more convenient. I know you can't adjust status from a non-status. Mexicans are much more likely to be EWI than others. And its very likely they could have come and gone back and never detected. In this circumstance they would not have an issue (I am not reccomending that however; highly illegal and risky !.
But once they are "caught" and once they get into the legal system they are going to be watched closely. They have their sights on this woman for whatever reason, maybe they think her asylum claim was fraudulent and are ticked off.
Personally, I don't think they have any other option. Would be interested to see.Comment
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i think also there was a period 7 years ago the Dream Act allowed for ewi's but no longerComment
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