Under Voluntary Departure...But got married to a USC.

[Viperhawke 0]

Hi, first some background infomation, my sister and I "aged out" from my parents applications over the past 20 or so years. Our lawyer suggested that we take voluntary departure as a form of relief, thus we did. Departure date of Nov. 10, 2010 (120 days after court date). I have since (middle of Oct) married the love of my life, whom I've been with for the past two years. I have just a few days before I have to leave under the voluntary departure order. I personally don't want to use my lawyer anymore, I'm not satisfied with the results thus far. Anyway, what I would like to know is that said file an I-130 then the lawyer said he'd motion to reopen the case and so on.

I've decided to do this myself and this is what I have / know so far:

I have to file an I-130 package. I've created a package with my wife to file the I-130 including G-325As for each of us. We also have a G-1145 in front of the package. We have supporting documents and all the things on the checklist according to VJ. Now...do we need to file an I-485 at the same time or should we do that later? The lawyer mentioned something about filing the I-130 first then filing a motion to reopen the case, which is closed at the moment due to the Voluntary Departure. Now on sites I've seen "withdrawing" the voluntary departure, then moving forward...but from what I gather the filing of a motion to reopen itself withdraws the voluntary departure. I'm a little confused as to what and how to do all this exactly. Just a little guidance would be helpful.

I'm thinking submit the I-130 and the I-485 together and then file a motion to reopen the case. What is the format of the "motion to reopen the case," any templates available? I know I have to get things filed before Nov. 10, 2010. Just what, in what order, and how exactly.

Please give me your input on this.

Thanks!

FYI: I'm a Swiss citizen from Florida who is moving in with my wife(born USC) in Connecticut.

[JimVaPhuong 4,863]

You have a complicated problem. Voluntary departure constitutes an order of removal. You can't file for adjustment of status unless that order is lifted. That order can only be lifted by filing a motion to reopen. That motion must be filed within 90 days of the order. It seems as if the window of time to accept your motion to reopen has expired.

You might not be very happy with your lawyer, but I think you definitely need a lawyer. You shouldn't try to do this on your own.

[Viperhawke 0]

You have a complicated problem. Voluntary departure constitutes an order of removal. You can't file for adjustment of status unless that order is lifted. That order can only be lifted by filing a motion to reopen. That motion must be filed within 90 days of the order. It seems as if the window of time to accept your motion to reopen has expired.

You might not be very happy with your lawyer, but I think you definitely need a lawyer. You shouldn't try to do this on your own.

Thank you for you response. Today I went ahead and sent in just my I-130. I will talk to the lawyer and see if he can motion to reopen the case for me. From that point on I'll see how much of it I can do and what I can't I'll give back to him.

[Myopia 93]

I just wanted to post this link for you but on the face of it you would have had to file 90 days after the case was closed.

"http://www.asianjournal.com/immigration/atty-crispin-lozano/425-motion-to-reopen-a-case-to-review-a-removal-order.html"

Fact Sheet about Voluntary departure http://www.justice.gov/eoir/press/04/ReliefFromRemoval.htm

What happens if you dont depart http://www.immigrationlinks.com/immigration-help/brief-bank-sample-briefs-motions-pleadings/395-ailf-practice-advisory-failure-to-depart-after-grant-of-voluntary-departure-the-consequences-and-arguments-to-avoid-them

Some more info for you http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdja&searchTerm=eXba.CdYa.UYGY.icWT&searchFlag=y&l1loc=FCLOW

This may be helpful. It is a Supreme Court Ruling about a similar case to yours :http://www.law.cornell.edu/supct/html/06-1181.ZS.html

http://www.law.cornell.edu/supct/pdf/06-1181P.ZO

Make sure when you file the motion , you also file a stay of the order of removal.

I really think you should let your lawyer work this because it is a bit complicated but you need to file these by the 10th at the latest in my opinion.(Which has no real value but its an opinion)

Best of everything

[Myopia 93]

Thank you for you response. Today I went ahead and sent in just my I-130. I will talk to the lawyer and see if he can motion to reopen the case for me. From that point on I'll see how much of it I can do and what I can't I'll give back to him.

You really need to listen to Jim. Filing the I-130 without filing the motion wont help you. If the circumstances that you are using to reopen the case is your marriage and subsequent I-130 filing then that makes sense BUT without the a) Motion to reopen and b) Stay of removal USCIS can deport you if you stay past the 10th of November AND you will be ineligible for any relief including adjustment for 5 years.

You have no choice but to motion to reopen AND you need that stay.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Effects of Major Family Changes on Immigration Benefits as this is a more appropriate location**

[Brother Hesekiel 2,236]

Can you please post the first part of your story, basically everything that came before the "deal" of VD?

[Viperhawke 0]

Can you please post the first part of your story, basically everything that came before the "deal" of VD?

Well, my parents had hired a horrible lawyer early on, then a better one (the one we have now) albeit I think he's slow and like to drag things out, leading us into the situation I'm in now.

Long story short, my parents had a long case going, partly because of the first lawyer, including undoing the damage he did. So much of their case was denied because of previous "inconsistencies." Eventually they got things rolling but my sister and I "aged out" by that time. So this lawyer started fighting to get us back together(LIFE, Family Unity, etc.), because at this point my sister and I were "out of status." As if we just showed up out of thin air, all because of our age. We (whole family) traveled outside the US in summer of '03 on an I-131. Upon returning to the states, in customs (I believe), we were given an I-94, valid for one year. During this time our lawyer tried several avenues to keep us in "pending" or until he finds something which he believes is solid. BTW, my youngest sister (3 of 3) is a USC born in 1994. We were getting tired of this "limbo" status and constant threat of having to give up everything on a whim if things are decided against us so we pushed him to get us in front of a judge. The route he said would be our best way to plead our case to someone who can decide something on the spot. He did that by filing for asylum (from SWITZERLAND), as those cases HAVE to be heard by a judge. He withdrew the asylum filing at the hearing, putting us back into removal. We didn't really get to plead anything. But what became clear was that my parents had a reason on which they could build their case, my little sister. My other sister and I, did not, not even on our parents because we "aged out." So we were told by the lawyer to take voluntary departure over the alternative choice of deportation. He also said that the govt's lawyer agreed to reopen the case if either of us got married or anything new came up. I had been seeing my now wife, for quite some time before this ruling. Anyway, we got married on Oct. 13, 2010.

I hope that's enough info, I don't know too much more as I've pretty recently come to know most of this information. My parents/lawyer were handling this most my life. BTW, he is filing for an extension of VD for my sister, and might be filing a motion to reopen and stay of removal for me. I honestly don't feel he has done as much for us as he could have. My family is to scared to mess up to try to do anything on their own. I feel confident that I can do at least if not a better job than either this or the first lawyer have done for me. I just want to make sure I file everything I need to. I was also informed that my parents case seems to be on the road to clear up. I know the lawyer has several people working for him and knows what forms and what wording to use for each thing, etc. but I don't see how this case is so insane that we can't come to any sort of Positive resolution after 15-20 years. For all this to end on my sister and I being told to leave, especially after we BOTH did pre-school, elementary, middle, high school, AND finished college here in the US is insane. I'm tired of paying a lawyer for years to drag things out and never have peace of mind. I'm willing to put as much time into all this as possible to come to a positive resolution. Even the DREAM Act would have helped but that's not worth holding our collective breaths for. If anyone has ANYTHING that can help me, please let me know. Advice, name/numbers, anything.

Through research the only requirement about my Motion to Reopen I'm not sure about is the "file within 90 days" rule. Everything else I meet. Although, Dada V. Mukasey should allow me to file a motion tomorrow (2 days before the day I was to leave). I will also have to file a Stay of Removal and hope that its approved. I'm happily married and will fight to stay with my wife. I love her very, very much and refuse to be separated from her, especially because of all this!

Again, I can let the lawyer do this, for $1000 + filing fees and hope he does it right or just try my best to do it right myself. Thus far, you guys here have said use a lawyer.

Thanks!

Edited November 8, 2010 by Viperhawke

[Viperhawke 0]

So I-246 is the Stay of Removal form... I-246

and I-290B is the Motion to Reopen form... I-290B

Does anyone know how to "legally" write that this motion is based on the fact that there are changed circumstances, i.e. evidence that was not available at the time of the original ruling/deal. Of course these circumstances are the fact that I have gotten married to a USC. Do I even have to write this in legal terms? Additionally, the DHS lawyer DID agree (before we took the Voluntary Departure "deal," according to my lawyer anyway) to reopen the case if we got married. The limitation of 90 days to file a motion, as was mentioned here and many other places does exist, but can be overlooked by the fact that the DHS is agreeing to join me and that this evidence did not even exist prior to or on the 90-day mark.

The I-290B also asks for a receipt # for my related form (I-130) which I can not possibly have yet, so what do I put in? Nor do I have a denial date, but I am assuming the decision will be issued in Orlando, FL (where original case was heard) so I can fill that in. "Part 2. Information About the Appeal or Motion."

Thanks again!

[TracyTN 237]

I don't think you're going to get 'legal' advice from folks on a message board - nor should you. Your case screams for a lawyer more than just about any I've read recently. Don't go it alone, and don't rely on 'legal' wordings or advice from folks on a message board. Even if one happened to be a lawyer, they wouldn't be YOUR lawyer, and as such, wouldn't have the pertinent information necessary to help your case.

[Boiler 46,414]

You need a lawyer, not DIY especially as you do not have a firm grasp of the subject.

It does not have to be the same lawyer.

On what basis did your parents seek a GC in the first place. You only mention a USC sibling, but that seems a few years away.

[Brother Hesekiel 2,236]

I know I'm not an idiot, nor am I clueless. But I still don't know the first part of the story, like with what visa you arrived in the US. How can I suggest to repair a car if I don't know what car it is?

[Viperhawke 0]

I don't think you're going to get 'legal' advice from folks on a message board - nor should you. Your case screams for a lawyer more than just about any I've read recently. Don't go it alone, and don't rely on 'legal' wordings or advice from folks on a message board. Even if one happened to be a lawyer, they wouldn't be YOUR lawyer, and as such, wouldn't have the pertinent information necessary to help your case.

I am using the lawyer we had before, but keeping and an ear on everything he's doing. I wanted that info to basically do my own version and see how it compares to what he's doing. I found templates of even what the judges use in their orders. THIS is what I'm afraid that may happen to my case, it'll just be template-filled and for one reason or another get delayed or extended again. I only want a resolution and only based on the wings my wife has given me. I don't want another ridiculous number of delays. I'm sick and tired of this waiting game. I want to know something is happening and I'm pretty fired up about making sure my papers are getting processed within a reasonable period of time for priority one family-based GCs.

You need a lawyer, not DIY especially as you do not have a firm grasp of the subject.

It does not have to be the same lawyer.

On what basis did your parents seek a GC in the first place. You only mention a USC sibling, but that seems a few years away.

I think I've got the subject, just not the legal format, which from what I've seen lawyers and judges just seem to use prepared templates with choices and blanks. I don't have a choice BUT to use the same lawyer due to the time restrictions. I spoke to another one today and she's crazy with her fees, especially not knowing the case. She wanted $4500, all upfront to JUST file the Motion to Reopen and Stay of Removal. Our's is charging $1000, a good deal IF its all done correctly. Tomorrow morning I have another meeting with another lawyer to see how well he could do this.

I believe the GC was on the basis of having a business. But that first lawyer had them doing all sorts of things to figure a way to get the GC. My father refused to say state he was a farmer for some farmer-friendly act(he's not) amongst other silly tactics. They also were stuck in the LULAC issue because of that lawyer. Again, I don't know ALL the details as we don't even have a full copy of our files. The lawyers have them, when I requested to get a copy recently I was told "they are in storage and that's locked up." I believe we have a right to have a full copy of everything in our files.

I know I'm not an idiot, nor am I clueless. But I still don't know the first part of the story, like with what visa you arrived in the US. How can I suggest to repair a car if I don't know what car it is?

You're not an idiot nor are you clueless, you're Just Bob.

Anyway, we arrived in the US on a visitor visas in the mid-late 80's. We didn't stay on those though, we had them converted to business/investor type visas. I remember my parents had several businesses. All failing due to the insane expenses and the dishonesty of the people we ended up with. The expenses were due in large part to the lawyer saying that a certain number of employees were needed to file the paperwork when in fact there was no way for these businesses to support that many employees.

Thanks again everyone.

[Viperhawke 0]

BTW, my little sister is 16 and was born HERE. She, for all intents and purposes, can alone help my parents solidify thier case. My other sister is also Swiss (like me) and also in the same boat as I, except for the fact that she doesn't have a life-partner yet. The lawyer is filing for an extension for her.

[leahandlucas 15]

Asylum from Switzerland?!?!!?...ummmm...good luck...its a good country so you'd have a weak asylum case...extremely...