Adjustment of Status for someone with deportation

[JulieCelik1]

Hi guys! here is the thing..I have a friend who has been here for about 13 years. Applied for asylum in 1991 was denied and ordered deported in 1992. Decision was appealed and re-appealed and final decision was issued in 2001. Now, she is eligible to apply for green card through her daughter who is a citizen. Since more than 10 years passed since her initial deportation order, has she automatically satisfied the 10 year bar? and can she now apply for adjustment of status even though she was once ordered deported?
thanks to all

[JulieCelik1]

Hi guys! here is the thing..I have a friend who has been here for about 13 years. Applied for asylum in 1991 was denied and ordered deported in 1992. Decision was appealed and re-appealed and final decision was issued in 2001. Now, she is eligible to apply for green card through her daughter who is a citizen. Since more than 10 years passed since her initial deportation order, has she automatically satisfied the 10 year bar? and can she now apply for adjustment of status even though she was once ordered deported?
thanks to all

[Glühbirne]

The 10 year bar does not start until the person leaves the country. If she has been here the whole time, than the 10 year bar hasn't even started.

[MicheI]

Adjustment of status is not possible unless the deportation is chanceled. Since she had a final order of deportation she should have left. She probably is permanently ineligable to adjust her status by now, talk to a lawyer!

[moondin]

no she can't.

otherwise every asylum case loser, would automatically go "marry" someone, the next day after their denial.

you have to go back home, and do things the legal way.

personally i think it's ridiculous how they take 10 years to work an asylum case -- and then 10 years later, just expect you to pack up and go.

-= nav =-

[JulieCelik1]

a lawyer told her that since she was not 'legally' present here for those 10 or more years, it's treated the same as if she left the country...and if it is not so, what does that mean/ that she will have to leave the country for another 10 years? that doesn't seem right, since even those with a deportation can have it waived if they were here for 10 years..

[williamaria]

What was the final decision made in 2001? If she had a deportation order 10 years ago she should have left the country. The lawyer is not right.

[JulieCelik1]

WILLIAMARIA:

[JulieCelik1]

sorry about that last one..

the final decision in 2001 was obviously that the deportation stays, because otherwise this issue would not exist...but lawyer says they don't go by that, because that was an appeal in federal court, they go by the initial decision by ILJ which was given in 1992.

[Aguila]

JulieCelik1:

Regardless of when the deportation was issued, the BAR does not start until the alien leaves the country! but thre is a waiver for the bar... I think is the I-601, there is some people here like spouse that knows a lot about this.

[Still Learning]

Julie,
Is the attorney suggesting that she lie about her whereabouts for the past 10 years??

[williamaria]

A deportation order is very difficult to be removed. I think that she will be ineligible for adjustment of status for staying here when she had a deportation order 10 years ago. I also think that the "attorney" is "cheating" on her.

[BronzeLady]

Julie,

The attorney is INCORRECT! The 10 years start when the person LEAVES the U.S. The BIA has already ruled in this matter (the only way the appeal could have still been ongoing until 2001)so there is no relief open to this person. The deportation proceedings are not going to be reopened. She must leave the country, apply for an I-212 waiver and, if it is granted, apply for an immigrant visa abroad.

[sup]

BronzeLady strikes again!

I know someone in a very same situation. Final deportation order issued, married to a USC (eligible to adjust), all possible appeals to re-open old asylum case lost and finally deported. That person's ordeal is almost over as an interview is already scheduled at the embassy. Waivers are prepared and waiting.

1) Without canceling final deportation order there's no way to start AOS case with the CIS. (other then filing I-130)
2) The *final* deportation order cannot be canceled without re-opening the old asylum case.
3) After *final* decision is issued (deportation order stays) there's no way to re-open the case.
4) Even a voluntary departure is considered a self-deportation.

The only way to adjust is to leave the country and go through consular processing incurring 10 year ban for overstay (I-601 to waive) plus 5 year concurrent ban for deportation. (I-212 to waive)

Daughter should file I-130 on her behalf specifying consular processing as a way to adjust and start working on the hardship waivers. (I-212/I-601) When an approved I-130 finally makes it to the embassy/consulate an immigrant visa will be denied at the initial interview and she will be advised to file the waivers. IF the waivers approved there will be another interview at which an immigrant visa will be granted if she's otherwise eligible.

There's NO way around the system other then the above.

The truth has been spoketh.

[JulieCelik1]

[QUOTE]Originally posted by sup:
BronzeLady strikes again!

2) The *final* deportation order cannot be canceled without re-opening the old asylum case.

Hi! Thanks for sharing this info with me.
you said that the final deportation order cannot be canceled without reopening the asylum case. But I know for a fact that in some instances, Attorney General can waive the deportation order for someone who has been here for 10 yrs, has a clean criminal record, has a USC citizen who will suffer hardship. Can she use that?
Thanks