complicated AOS

[islndprncess 0]

Hi, a friend of mine was talking about her AOS and her story doesn't make any sense. I am wondering if someone can help me. Here's her story: She came in US when she was 9yrs.old as a tourist(her Mom has a medical condition). She and her family got inspection but over-stayed. So, her parent's hired lawyers to adjust their status. They received work permits, valid SS and driver's license. Years has passed her parent's had a good job and paid taxes. They bought properties. The kid's went to school. My friend got married and had son. They divorced the same yr. when she gave birth,then got back together. And remarried and stayed married for 9yrs. with 4 kids. Now, here's the twist. Towards the end of 2007 her sister got deported (she's an Registered Nurse). She married a USC husband and had 2 kid's. She got approved with her I-130 and filed for the I-485. I guess, their lawyer didn't do anything with the I-485 because if the lawyer did. This wouldn't happen. Her father also got deported at the beginning of 2008. It was a devastating yr. for her family. She said her Dad got approved with his Labor Certification. But the Lawyer told them that the approval is no longer validated??? Her(my friend)in the other hand, didn't trust lawyers anymore. So, her and her husband filed the I-485 on their own. Since she have the approved I-130 since 04-2001. And they just found out 11-2007. So, they filed the I-485 packet around April and got her biometric done around May and now she have an interview this month. So, my question is and assuming from her story. She also have a deportation. Can she get deported on the day of her interview? If so, should she go to her interview? the interview is a marriage based interview.

[JimVaPhuong 4,863]

Your story is convoluted and difficult to follow. Why was the sister deported? Why was the father deported? What difference does it make if she had an I-130 pending in 4/2001 if she entered as a tourist? 4/2001 is the cutoff date for the LIFE act, which primarily affects people who entered illegally.

Since her sister was married to a USC she would have been given the opportunity to submit an I-485 during removal proceedings IF she was otherwise eligible to adjust status. It wouldn't matter if the lawyer had submitted the I-485 or not. If she was deported in spite of this then it sounds like she was otherwise ineligible. Overstaying or working illegally wouldn't be held against an immediate relative of a US citizen, so it has to be something else. Are you sure she entered the US legally? Was she convicted of any crimes while in the US, or did she claim US citizenship?

I'm just trying to figure out if the ineligibility that resulted in her sister's deportation could also result in her own deportation.

[islndprncess 0]

I know, that's why I'm seeking advice for her.. My understanding is that the whole family have pending deportation. Lawyers after lawyers and no avail but they got scammed. They tried telling their lawyers about the LIFE Act in 2001 but the lawyers told them it won't apply to their case. Both the father and sister didn't have any criminal records and their work permits and SS are legit. So, question is can you still get deported on your Interview?

[luxx 1]

Did they (entrie family) ever applied for aslyum or anything, and got denied , ordered deportation, but they stayed despite it. Deportaion absconders. So, it would make sense why her sister was deported even though she entered legally and married citien, and for father also. How did they get their SS and work permits?

[islndprncess 0]

I'm assuming they applied asylum and got denied but while applying they applied for the work authorization, SS and Drivers license during change of status. And they were approved. Her father had been working for the same co for over 16 yrs. and for what I have gathered is that her father's company was helping him get his Labor Cert. and it was approved. All I know, is that her parent's hired different kinds of lawyer and the first 2 lawyers that they hired was Debarred. They found out that they have the deportation on 1998. And just hired a lawyer and re-appealed it(I'm assuming).The family is basically relatives to me because I'm an only child and don't have any relatives that I know of. That's why it's a concern to me.. So, can she still get deported? I mean, she went through the biometrics at the local INS office, pretty sure it would be easier for the IO's to take her right there. I just don't want anything bad happening to her. She and her family already went through a lot. Let alone her 4 kid's. Please help! And thank you for taking your time reading and replying this post. God bless!

Edited August 3, 2010 by islndprncess

[JimVaPhuong 4,863]

Ok, you're right - it's complicated!

I'm still not sure I completely understand what's going on, but it's unlikely you'll be able to completely explain it. They've been here a long time, and obviously have a complicated history with US immigration. Anything I say is going to be shooting in the dark, so here goes...

The most significant aspect of the LIFE act is that it allows many status violations to be forgiven, and a green card application to be approved, if the alien meets specific conditions. One of the conditions is that there must have been an immigrant visa immediately available for them on April 30, 2001. This means an I-130 would need to have been filed and either pending or approved. The sort of status violations that can be forgiven under the LIFE act are illegal entry and overstay.

The LIFE act does not undo a deportation order, unfortunately. Her subsequent marriage to a US citizen also does not undo a deportation order.

Yes, it's distinctly possible she could be taken into custody at any point in the process and deported. It's a foregone conclusion that her AOS will not be approved.

First, it sounds like they've been trying to hire cheap "green card mill" lawyers. They need a very well qualified and reputable immigration lawyer. The first thing they could try to do is have the deportation proceedings reopened. I can say with some certainty that USCIS is going to deny this request as being "untimely", since the limit is usually 90 days - they've waited 12 years. An immigration judge will also likely refuse to reopen the case, as will the Board of Immigration Appeals. There's a long list of cases where exactly this has happened. Their first ray of hope is going to come in a federal appeals court, but they're going to need to make a damn good argument for why they waited so long to try to reopen the case. Not knowing they were in deportation will definitely not be accepted as a valid reason.

Honestly, I think the best they can hope for at this point is to postpone deportation for several years with legal filings. Unless the deportation was clearly not justified, I think they'll eventually lose. I think they can also expect to pay many tens of thousands of dollars in legal fees to defend themselves.

I think your friend should consult with a very good immigration lawyer. It may be more expedient, and cost dramatically less money, if she departs the US voluntarily. She'll be barred from returning, possibly for life. Her husband can petition for an immigrant visa for her. She'll be denied the visa at the interview because of the bar. At that point, her husband can file a petition for a hardship waiver. A good immigration attorney will be able to tell her if her violations are eligible for this waiver.

[islndprncess 0]

Ok, you're right - it's complicated!

I'm still not sure I completely understand what's going on, but it's unlikely you'll be able to completely explain it. They've been here a long time, and obviously have a complicated history with US immigration. Anything I say is going to be shooting in the dark, so here goes...

The most significant aspect of the LIFE act is that it allows many status violations to be forgiven, and a green card application to be approved, if the alien meets specific conditions. One of the conditions is that there must have been an immigrant visa immediately available for them on April 30, 2001. This means an I-130 would need to have been filed and either pending or approved. The sort of status violations that can be forgiven under the LIFE act are illegal entry and overstay.

The LIFE act does not undo a deportation order, unfortunately. Her subsequent marriage to a US citizen also does not undo a deportation order.

Yes, it's distinctly possible she could be taken into custody at any point in the process and deported. It's a foregone conclusion that her AOS will not be approved.

First, it sounds like they've been trying to hire cheap "green card mill" lawyers. They need a very well qualified and reputable immigration lawyer. The first thing they could try to do is have the deportation proceedings reopened. I can say with some certainty that USCIS is going to deny this request as being "untimely", since the limit is usually 90 days - they've waited 12 years. An immigration judge will also likely refuse to reopen the case, as will the Board of Immigration Appeals. There's a long list of cases where exactly this has happened. Their first ray of hope is going to come in a federal appeals court, but they're going to need to make a damn good argument for why they waited so long to try to reopen the case. Not knowing they were in deportation will definitely not be accepted as a valid reason.

Honestly, I think the best they can hope for at this point is to postpone deportation for several years with legal filings. Unless the deportation was clearly not justified, I think they'll eventually lose. I think they can also expect to pay many tens of thousands of dollars in legal fees to defend themselves.

I think your friend should consult with a very good immigration lawyer. It may be more expedient, and cost dramatically less money, if she departs the US voluntarily. She'll be barred from returning, possibly for life. Her husband can petition for an immigrant visa for her. She'll be denied the visa at the interview because of the bar. At that point, her husband can file a petition for a hardship waiver. A good immigration attorney will be able to tell her if her violations are eligible for this waiver.

Thank you for you honesty.. For the longest I think my friend and her husband have a trust issue with an immigration lawyer. Her parent's paid thousands and thousands of money just to get a better life here in the US. Question: Do you by any chance know a good immigration lawyer? She's battling right now if she should go to her interview or just ask for a voluntary departure. I will tell them about this and thank you again for your honest reply.

[islndprncess 0]

thank you all for your help.. I was looking at my friend's old immigration files(I asked her Mom to send it to me via FED Ex international). I don't know if it will help but I had notice that from what I see in their files. The family did have a deportation proceeding in 1998. And then, at her files now. The A# in the old file is the same A# from her approved I-130(it was approved on April 30, 2001). I was wondering if that applies to the INA/LIFE act? Anyways, she told me that her husband had inquired to the USCIS for her old case before they start her I-485. The inquiry was sent to NVC and it says that: The referenced application form an immigrant visa went through the termination process and was destroyed in accordance with INA 203(g). What does that mean? does that mean her I-130 is terminated or her deportation proceeding got drop because of that act? I'm confused. So, they proceeded to apply the I-485, thinking if she can't go through it. They'll return the $$$ but they didn't. Anyways, her A# on her I-485 is different from her I-130. Does that make any sense at all? I know there's a 800-number to call if you want to know if your in a deportation proceeding. I called it just to see. The old A# came up but it says dismissed. The new A# didn't come up at all. You would think USCIS would recycle your old A#. thank you for reading and replying on this post.