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Husband had voluntary removal

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  • Husband had voluntary removal

    My Fiancee applied for political asylum and was denied, he appealed & was denied, As of Oct 1, 2002 he had 30 days to leave voluntarily. The attorney did not notify him until Oct 23, 2002. At which time we got married, as we were told this was the only way he could remain here. We went before an INS Official and he was told he had to leave, as it was the final judges order. He went back to Colombia, and to the Embassy to turn in a form showing he is no longer in USA. What are the steps to follow regarding obtaining a visa by marriage to a US citizen. The I-130 form was sent to Texas on Oct. 26.

  • #2
    My Fiancee applied for political asylum and was denied, he appealed & was denied, As of Oct 1, 2002 he had 30 days to leave voluntarily. The attorney did not notify him until Oct 23, 2002. At which time we got married, as we were told this was the only way he could remain here. We went before an INS Official and he was told he had to leave, as it was the final judges order. He went back to Colombia, and to the Embassy to turn in a form showing he is no longer in USA. What are the steps to follow regarding obtaining a visa by marriage to a US citizen. The I-130 form was sent to Texas on Oct. 26.

    Comment


    • #3
      Did he enter the country legally or illegally and when? How much time had he spent here illegally?

      Comment


      • #4
        You should have filed a motion to reopen with the BIA for adjustment of status. Now that he has been ordered removed he would need permission to reenter the u.S.

        Comment


        • #5
          We filed motion to re-open, but it was too late, they said the certified return receipt for this motion was not sufficient proof that it was being done. Now i am wondering if I can go down to Colombia to the US Embassy and request a temporary visa for him to be able to return. He entered this country legally on a tourist visa and requested asylum.

          Comment


          • #6
            was he given a bar or not? if not it should be a lot easier.

            Comment


            • #7
              He entered this county legally, on a tourist visa in August 1999, and applied for asylum, he was here from that time, until he was asked to leavet on Nov 1, 2002

              Comment


              • #8
                You should have applied for Motion to reopen within 90 days. the receipt they sent means you never filed the motion see the procedure You should submit the motion as per procedure, Affidavit , letter of deliveryto INS etc etc.
                Motion to reopen should be time senstive. Must be within 90days, and motion to reconsider should be within 30 days of the decision.
                To go to columbia will not make any difference.
                which date he leave , it will make me determine that if he bar or Not. When you filed the motion and did you send the copy of the motion to Local INS also which have juridiction over your area? Did Your I-130 is filed?

                Comment


                • #9
                  All the motions were filed, but his case was in Orlando, and he moved to miami, none of his paperwork was here, for the INS officer to grant him a 90 day stay of deportation. Therefore, he was told he had to leave or he could be detained at any time, even at the INS appointment for marriage .

                  Comment


                  • #10
                    Change of address should have been filed in his case he is not deportable if the motion to reopen is panding decision with regards to file timely.

                    If the motion to reopen is decided BY the IJ then he will be deportable, even he applied for motion to reconsider. Did he have I-130 processed?

                    Comment


                    • #11
                      Did you have copy of motions? when someone file the motion there will be areceipt send by INS if applied by mail, OR if delivered by hand then INS will stamp the receipt. you should have proof if it was filed, this is vital record to keep.
                      As you said all the motions was filed then what proof you have?

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