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milko

removal proceedings

By milko in Adjustment of Status from Work, Student, & Tourist Visas

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milko Rookie

milko   0

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Filed: AOS (pnd) Country: Peru
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I-130 approved while in removal proceedings

I overstayed, due to expiration of my tourist visa B2, 9 years ago, and I don't have any felony charges, But I'm in removal procedings because I,ve been charged for DWI (first) and driving on suspended license, back in 2007 (3 days in jail) then ice put me on hold ... and I got out of jail after 27 days paying a bond and now I'm in removal proceedings then I got a faith married with a US citizen woman....

I will have an immigration court date on july 6th, and I am in removal proceedings, but I just got a USCIS letter saying that my I-130 has been approved, and now Can I-485 be denied? what circunstances the I-485 could be denied? ?? Maybe one of you are in the same situation...Can you share the same experience?? please I need help...

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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hi - what is faith married with a US citizen woman ??

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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JimVaPhuong Veteran

JimVaPhuong   4,863

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Filed: K-1 Visa Country: Vietnam
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Faith marriage means a clear and convincing evidence that the marriage took place in good faith but not for immigration porpose

Sounds like you're paraphrasing the US immigration law. :blush:

Because you were in removal proceedings at the time of your marriage, USCIS is required to presume the marriage is a sham for the purpose of evading immigration law. Your evidence of "good faith" marriage has to be compelling enough to overcome this presumption. Were you dating your US citizen wife, and had you planned on getting married, before you were placed in removal proceedings? These would help bolster your case.

Another problem you face is that your DUI may be found to be an "aggravated felony" under immigration law. If that happens, then you are deportable even if your AOS is approved.

I hope you have a very good lawyer.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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milko Rookie

milko   0

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Filed: AOS (pnd) Country: Peru
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It was way before removal proceedings when i date her, about paraphrasing IL thats not quite true I saw that phrase by an immigration attorney thank you anyway for your quote... anyone else who really know about this particular case??? and what about crimes involve moral turpitude (CIMT)is that true that first DUI dont mean CIMT??? what do you think

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JimVaPhuong Veteran

JimVaPhuong   4,863

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Filed: K-1 Visa Country: Vietnam
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It was way before removal proceedings when i date her, about paraphrasing IL thats not quite true I saw that phrase by an immigration attorney thank you anyway for your quote... anyone else who really know about this particular case??? and what about crimes involve moral turpitude (CIMT)is that true that first DUI dont mean CIMT??? what do you think

I didn't mean my comment to be offensive. Paraphrasing immigration law isn't a bad thing unless you leave out something important, which I don't think you did. I meant your description sounded like it was coming from a lawyer, which I actually kind of like. It means you're doing your research. :thumbs:

I think you're getting confused between inadmissible offenses and deportable offenses. An inadmissible offense is ALSO a deportable offense, according to section 1227 of Title 8 of the US Code, but there are many classes of deportable crimes which are not also inadmissible crimes. For example, high speed flight from an immigration checkpoint is a deportable crime, but there's no way it could be an inadmissible crime because you have to actually be IN the United States in order to commit the crime.

Drunk driving is not a crime involving moral turpitude. However, it may be classified as an aggravated felony. Any aggravated felony committed after admission is a deportable crime.

The "Scott Gardner Act" was reintroduced last year in the House of Representatives. It hasn't been passed into law yet, but if it does then ALL DUI convictions for illegal aliens will become deportable offenses, whether or not they are classified as aggravated felonies.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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milko Rookie

milko   0

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Filed: AOS (pnd) Country: Peru
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Thanks Jimva, I didn't try to be mean or anything like that .. and I appreciate your quote to better understand my situation ..what shows below are a little bit of me ...

on august I went to the master hearing and the judge summited I-485 with an approved I30, medical exam and my $1010 USCIS payment receipt ...

On october I will have Individual hearing what will happen at my I. hearing ??? what do you think???

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JimVaPhuong Veteran

JimVaPhuong   4,863

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Filed: K-1 Visa Country: Vietnam
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thanks Jimva .. in my record shows that my first DUI is misdemeanor still IJ would consider as a deportable offense???

Probably not, unless there were extenuating circumstances, like if there was an injury accident or reckless driving. If you were just pulled over and determined to be "over the limit" then you're probably fine.

Thanks Jimva, I didn't try to be mean or anything like that .. and I appreciate your quote to better understand my situation ..what shows below are a little bit of me ...

on august I went to the master hearing and the judge summited I-485 with an approved I30, medical exam and my $1010 USCIS payment receipt ...

On october I will have Individual hearing what will happen at my I. hearing ??? what do you think???

I couldn't begin to guess what will happen at your individual hearing. I've never been to one, and only read transcripts of cases. My assumption is that your attorney is going to throw some motions at the judge to see if anything sticks. Probably the first motion is going to be a motion to terminate removal proceedings so that USCIS can adjudicate your AOS petition. If that's granted, then the case will be handed back to USCIS and you'll wait for a decision on your AOS petition.

My guess is that the judge will probably grant the motion to terminate. The general thinking is that if USCIS takes your money then you deserve to have a decision on your petition. Actually getting your AOS approved is another story. Like I said, you got married while you were in removal proceedings. USCIS is required to presume your marriage is a sham. Unless they find a reason to deny you outright, there will definitely be an interview, and you'll have to prove that you didn't decide to get married just to stop the deportation. If you have a good attorney then they should be helping you prepare for this.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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trillium13 Experienced

trillium13   84

Posted
Filed: Lift. Cond. (apr) Country: Germany
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Posted

USCIS did approve the stoke interview and thats why i have I-130 approved already by USCIS...would I have another interview??? and thanks for the reply

I'm confused-you already had a Stokes interview?

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