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  • adjustment of statut

    Can I adjust my statut without leaving the country?

    My asylum has just been denied. I ask for political asylum at the port of entry.So, I have an A number from I.N.S. I married a US Citizen in april 2002 and applied for I-130 in june 2002. My I -130 is still pending.

    If my I-130 is approved, can I adjust my statut without leaving the country?

    blackfem2005@yahoo.com

  • #2
    Can I adjust my statut without leaving the country?

    My asylum has just been denied. I ask for political asylum at the port of entry.So, I have an A number from I.N.S. I married a US Citizen in april 2002 and applied for I-130 in june 2002. My I -130 is still pending.

    If my I-130 is approved, can I adjust my statut without leaving the country?

    blackfem2005@yahoo.com

    Comment


    • #3
      If you entered the country legally, you should not have a problem. However, if you entered without inspection, your only hope I believe would be if the 245(i) provision is reinstated.

      Comment


      • #4
        * It Depends when you was married and apply for I-130. ( what statues you was in when you apply.
        * when your PA was denied?
        * Did you file the motion ?

        Comment


        • #5
          As I said I got married in April 2002 while my case was in the hand of the 9th circuit. I don't know exactly in which category I.N.S. put me. But I have a work permit. MAy be I was in removal proceding because It was me who appeal to the 9th circuit.

          Concerning the motion, I never file any motion. What motion are u talking about? -

          Comment


          • #6
            oK,I just find it. I got my work permit under provision of law : 274A, 12(c) ($C)

            Do you know what that suppose mean? If someone is under that section, what is my statut ? Is it I can adjust my status?

            Comment


            • #7
              How will the INS know that you did not marry just in case your asylum was denied? You cannot marry just to stay and you will have to answer to that.

              Comment


              • #8
                You was Entered and paroled in US. Your Pa case is denied. .As you filled for I130 (visa petition and I-485 concurrently , While This application is panding you are entittled to abtain work Authorization Under 274.12 (C). After the Denial of PA you have chance ( MOtion) to appeal the IJ decision which is time limit bound but not buond by the numerical limit. If you did not appeal the IJ decision you will be unable to adjust the status, Even I-130 approved, because your PA case has to open and same Immigration Judge will adjust your status.
                If you did not appeal the decision timely then then there will be only one way left For AOS . i.e. Service has to join the motion. and it will be solely on the service's descretion. Even BIA will not remand back the case to IJ.

                Comment


                • #9
                  I appealed the judge decision and I received now the decision from the 9th circuit. it is the same the case is denied. I want to file a motion to reopen and a motion to stay. What I need to show for the motion to reopen?

                  Also, i didn't file yet the I-485. Should I do it? or should I wait for the I-130.

                  what other option I have to to adjust my statut without leaving? Any idea? did I qualify for the 245i?
                  Thanks once again for your huge help

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