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

[TracyTN 237]

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.

I don't think there's anything wrong with templates on the surface - so long as they are taking the nuances of your case into consideration within those confines. If anything, having a place to start with the verbiage may actually speed things up as opposed to writing it from scratch.

Unfortunately, you cannot control this part (in bold) - nor can your attorney. All you can do is file the appropriate paperwork in a timely manner, submit anything that they may further request from you, and wait it out. You're not the only one waiting in what can be a very long line - and unfortunately, family based GCs are not at the top of the priority list (I believe citizenship apps take priority). Even if they were, there are still thousands to go through a day and only a limited number of IOs to adjudicate them. Its just a numbers game, which makes it out of your control. One thing USCIS has taught me over the years is patience.

[Boiler 46,414]

There is no way your current lawyer would not have required your immigration history to be able to take on a case and file anything.

From your description it sounds like you changed Status to an E2, also a non immigrant visa.

Your 16 year old sister can not petition for her parents until she is 21. Quite how a lawyer can keep them here this long I have no idea.

Your Swiss sister also can be petitioned by her sister when she hits 21, or by you if you get a GC. However about a 9 year wait for a GC. I have no idea how she can stay here legally in the meantime.

You may deride your lawyer, but it sounds like he has done a good job in stopping you all being deported.

PS an E2 does require employees.

[Viperhawke 0]

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

Thanks for reading everything!

[Viperhawke 0]

I don't think there's anything wrong with templates on the surface - so long as they are taking the nuances of your case into consideration within those confines. If anything, having a place to start with the verbiage may actually speed things up as opposed to writing it from scratch.

Unfortunately, you cannot control this part (in bold) - nor can your attorney. All you can do is file the appropriate paperwork in a timely manner, submit anything that they may further request from you, and wait it out. You're not the only one waiting in what can be a very long line - and unfortunately, family based GCs are not at the top of the priority list (I believe citizenship apps take priority). Even if they were, there are still thousands to go through a day and only a limited number of IOs to adjudicate them. Its just a numbers game, which makes it out of your control. One thing USCIS has taught me over the years is patience.

I understand I have to wait, but what I meant is filing frivolous motions just to delay REALLY irks me. Just be straightforward and get it done or at least give a legitimate reason for the delays, not to the courts to US the CLIENTS. Patience I have, just not patience for wasting money and time. Money we can recoup, time is gone forever. I lost 3 of my grandparents without being able to go see them for years because of these "delays." THAT is what I'm talking about.

There is no way your current lawyer would not have required your immigration history to be able to take on a case and file anything.

From your description it sounds like you changed Status to an E2, also a non immigrant visa.

Your 16 year old sister can not petition for her parents until she is 21. Quite how a lawyer can keep them here this long I have no idea.

Your Swiss sister also can be petitioned by her sister when she hits 21, or by you if you get a GC. However about a 9 year wait for a GC. I have no idea how she can stay here legally in the meantime.

You may deride your lawyer, but it sounds like he has done a good job in stopping you all being deported.

PS an E2 does require employees.

None of us planned on having my sister sponsor us, we know that's many years out.

The DHS lawyer agreed to approve my parents case IF my sister and I were dropped off it. Moreover, our(the family's) case WAS APPROVED in 1996, for some reason we were never issued the actual GC. This is the basis on which the DHS approved theirs this time around. But my sister and I have "aged-out." So we're on our own. I spent all day talking to lawyers and chasing down documents. I was told to meet my lawyer @ 1PM today to mail out my Motion to Reopen. Guess what, it wasn't done. I was told to come TOMORROW, the DAY I am supposed to leave to file it. I immediately went to the DHS office with the advice of another lawyer who said my lawyer was a waste of time(he couldn't take my case due to the timing but agreed to help me look at my options). I was told to go ahead and file it myself tomorrow morning. Now, I already have my motion typed and ready JUST in case my lawyer doesn't have his done when I was told it would be. THESE types of issues were what I was talking about. He literally waited until the DAY OF. Finding this out was a task as he has an office full of people who barely speak English, so communication is difficult at best. DHS assistant counsel agreed with me on this point too. Anyway, tomorrow is D-Day for me. On a lighter note, my sister's extension was approved, or so I'm told.

Thanks again everyone!

Edited November 9, 2010 by Viperhawke

[Boiler 46,414]

I really do not quite understand what is going on, is 245i involved?

Anyway good luck for tomorrow.

[Viperhawke 0]

I really do not quite understand what is going on, is 245i involved?

Anyway good luck for tomorrow.

no, the LIFE act did not work for us. Guess we weren't a matter of LIFE.

And thanks!

Edited November 9, 2010 by Viperhawke

[indian guy 13]

This is biggest mistake. regardless of your marriage you cannot adjust unless you open the samecase.Your marriage will be looked as, you are married to stay here. There are jurisdiction issue here. once alien put into removal proceedings, USCIS looses the jurisdiction over 485(AOS). therefore USCIS cannot adjust you. only court can. You already have your proceedings done and you you commit to leave voluntrairly,but you never left and got married instead. it comes with bar and civil panelties.

THe right way to get adjusted, is joint motion. to justify the joint motion you have to use hardship to USC , if you have enough then only Govt will join the motion.

The bottom line" even if you will get approval on I 130 , you cannot be adjusted within US without joint motion. you have to open the same case in front of same judge who can either adjust you or terminate the removal . yes your VD is converted into removal after the expiration oftime period allowed to depart. IF you leave and do DCF,you still need hardship, for waiver. Both cases you needed hardship to USC/LPR. talk to qualified attorney who can evaluate your case.

[TracyTN 237]

I understand I have to wait, but what I meant is filing frivolous motions just to delay REALLY irks me. Just be straightforward and get it done or at least give a legitimate reason for the delays, not to the courts to US the CLIENTS. Patience I have, just not patience for wasting money and time. Money we can recoup, time is gone forever. I lost 3 of my grandparents without being able to go see them for years because of these "delays." THAT is what I'm talking about.

I don't think I"m following along enough to say whether or not the motions are 'frivolous'. I know that they have to go through their process, which like most govt. agencies isn't something straight forward or fast. Reason for delays? My guess is still the sheer volume of people going through what you are (or something similar). They only have a certain amount of bandwidth.

I DO find the 'black hole' of USCIS frustrating too though. Just hard to get any kind of information. Which is why I've sort of learned to assume they'll get to us when they get to us, unfortunately.

I'm surprised they couldn't have made some kind of dispensation for you to travel in the event of family emergencies if you were to ask - they do for those K1 folks who are waiting for travel permission but have emergencies which require them to leave the country (emergency advanced parole). But again, maybe I'm not understanding your case to know whether or not that would have been an option for you.

[Boiler 46,414]

K1 using AP have to be in status.

Sounds like he and his family have been out of status for a very long time.

They would not have stopped him leaving, but getting back in would be another matter.

[Viperhawke 0]

K1 using AP have to be in status.

Sounds like he and his family have been out of status for a very long time.

They would not have stopped him leaving, but getting back in would be another matter.

We haven't been out of status for that long, but accumulated was over a year. Mainly my sister and I, because we didn't know we were dropped off until a long time after. When we got to the next court date is when we were informed that we(sister and I) were no longer on the application. We tried to get emergency parole, and even that we weren't able to get. We needed it within days. Boiler is right, getting out has never been an issue. Its getting IN that is the issue. When we left in 03 on AP, the trip was great, the return at Newark was a hassle, EVEN WITH the AP. They ended up giving us a 1-year I-94 at the airport.

So the lawyer turned everything in. I don't know if he got a response yet or not. I'll find out tomorrow if I'm screwed or not! You can cut the tension with a knife! I just had a nice dinner, possibly my legal meal! Gotta laugh in life!

[Boiler 46,414]

Was it when you hit 21?

[Viperhawke 0]

Was it when you hit 21?

I don't know what you're asking... was what when I hit 21? That I, and a year later my sister, subsequently dropped off? Yes.

[Boiler 46,414]

I don't know what you're asking... was what when I hit 21? That I, and a year later my sister, subsequently dropped off? Yes.

Still not sure what status your parents were on, but if it is one of the likely ones than you would have aged out as a dependent at age 21 and if you wanted to stay you would have been on your own.

Nothing a Lawyer could do about that apart from discuss the options, the two usual ones are through marriage or F1 Student Visa.

[Viperhawke 0]

Still not sure what status your parents were on, but if it is one of the likely ones than you would have aged out as a dependent at age 21 and if you wanted to stay you would have been on your own.

Nothing a Lawyer could do about that apart from discuss the options, the two usual ones are through marriage or F1 Student Visa.

He never mentioned the Child Status Protection Act. When I mentioned it recently, as I came to know of it, he said "oh that doesn't apply to you." That true, AT THIS POINT, but at that time it did. I believe he didn't know about it or forgot about it. Its too big of an act to just NOT even come up, especially when we're the ones it was made for.

[indian guy 13]

Hellooooo,

I am in the immigration process too long. Your motion to reopen is not the right choice, because Motion to reopen had its limitation. Motion is timely bound and numerically limited to one only. You took VD and In normal process IJ allow 120days to leave. You may have 120 days to leave but you didn't leave so your VD converted into removal and clock back on the day when IJ render its decision. Next, TO open the same case in any motion (other then Joint motion or GOvt open its motions to its own to correct their mistake)there is 90 days time limit to BIA or 30 day to Same judge for reconsider. your motion to BIA or to IJ time already lapse. no one can look further and read the actual contants of the motion, they will just deny it as untimely. believe me.Service attorney always object and clear his table.