Notice to Appear -Deportation process has begun

[bigbluueyes 0]

Hi everyone, my husband entered the us legally but his visa expired. He applied for assylum but did not get approved right away because his visa expired so now he has a notice to appear in October in front of a judge-I guess to appeal. Im not sure what is supposed to go on at that hearing.

But we are married now, and we have been advised by our attorney that we need to start with an I-130. And in October we will request a change of status, he says.

Does anyone else have ANY dealings with this type of situation? By that I mean, in the deportation process, with a NTA and now married and doing a family petition/visa?

Thanks!!

[Jenn! 918]

moving to AOS subforum

[Sylvia_n_Joseph 3]

This site does have much information on this kind of problem. immigrate2us.net has much more information.

[Kathryn41 3,205]

Hi everyone, my husband entered the us legally but his visa expired. He applied for assylum but did not get approved right away because his visa expired so now he has a notice to appear in October in front of a judge-I guess to appeal. Im not sure what is supposed to go on at that hearing.

But we are married now, and we have been advised by our attorney that we need to start with an I-130. And in October we will request a change of status, he says.

Does anyone else have ANY dealings with this type of situation? By that I mean, in the deportation process, with a NTA and now married and doing a family petition/visa?

Thanks!!

A lot will depend on when you got married - before the deportation notice or after the deportation notice. You are best advised to use a good, experienced immigration lawyer. I believe you should be filing the I-130 and the I-485 (AOS) concurrently.

Edited January 16, 2009 by Kathryn41

[desert_fox 32]

You need an attorney.

Dont think you can petition for someone in removal proceedings.

If you can get the proceedings quashed, then you can file since he entered legally.

Asylum from Mexico???? that doesnt even make sense.

Edited January 16, 2009 by desert_fox

[bigbluueyes 0]

We met with an attorney, and he said that its slightly more complicated but is still a change of status issue. We have to file an I-130 ASAP and hope that gets approved by his October court date. Once we have a reciept from that, then we file the I-145. I will ask about doing these at the same time. Then we REQUEST from the judge that he be allowed to go from a TOURIST STATUS to a GREEN CARD STATUS. And then I guess at that point we would proceed normally as if it was a standard change of status. Atleast that is what I hope. The main things are, our lawyer says, that he entered legally on a tourist visa, did not enter with intent to marry or immigrate, has no criminal background and we are a legitimate marriage. We are just still so nervous.

[bigbluueyes 0]

You need an attorney.

Dont think you can petition for someone in removal proceedings.

If you can get the proceedings quashed, then you can file since he entered legally.

Asylum from Mexico???? that doesnt even make sense.

Why doesn't that make sense? I don't think you know my husband or his situation. It makes perfect sense if you knew the story. People can claim asylum for many reasons from many countries.