Married -> removal proceedings -> re-married - > ??? -> greencard?

[kellyjones 0]

My friend who entered as F1 student. She never went to school here. Just want a visa to get here. Then she got married to USC. At that time she had Work Authorization, i-485 was still pending. She cheated on her husband. She slept with other guys. USC didn't want to come to have interview for her green card. So the married was over without green card. Later on, i heard she had received a letter from USCIS told her to leave within 30 days. I wondered what was that letter ??? I guess Removal proceedings/deportation letter but now sure what it is. She didn't care about that letter and continued to stay over 2 years since. No criminal records. Now, she married again with another USC, i assumed for green card, because she messed around with many guys as she want to already.

My questions:

- what consequence for person who didn't obey the deportation order?

- After DHS sent a letter asked her to leave, but she didn't care about that letter. She ignored deportation order. How can she keep stay in US without any problem so far, is it possible ?

- Will she able to adjust her status and get green card in US. She told me she will keep the marriage to get US passport.

[canadian_wife 1,829]

First it had to be a deportation order. Secondly, if it was not, she has to find out if there is a deportation order against her. If there is (or was) then technically she is a deportation absconder and her case just got exponentially more complicated

She needs a qualified lawyer, and quickly. Laural Scott offers free chats on Wednesdays and is a lawyer who specializes in inadmissability. Check her out at scottimmigration.net

Your 'friend's' case is complicated. She should not proceed without legal help

Good luck

[YuAndDan 153]

Firstly, the MIS-USE of a student visa will not look good, it is for school NOT immigrations, not attending school is a clear indication of INTENT and more than likely a good reason for the deportation order.

More than likely AOS in this case will not be successful. Getting US passport requires naturalization and US citizenship which first requires having a green-card for 3-5 years, which first requires a successful AOS.

As was said in prior post a good lawyer may be needed.

[Minya's wife 25]

If indeed the letter two years ago was a notice of removal proceedings, her marriage to a USC now will not offer her a path to AOS. She will definitely have some difficulties as her case is not easy at all. As mentioned a very qualified attorney will be needed to see her through this. It is not a simple as filing AOS paperwork, now that she has re-married. She would need to find out what the official status is of her previous AOS filing, what exactly that letter of 2 years ago was about, how does her continued overstay and her mis-use of the F1 (by not attending school) affect her path to residency. Best advice is, before she complicates her case even further by filing a second AOS, go see a qualified immigration attorney who specializes in these types of cases.

[juliava 80]

Also, she needs to make sure she stays married this time, as she is playing her last card with USCIS. Or maybe the game is already played. A good lawyer would know, as other users stated above.

[justashooter 430]

i suggest your friend should go to the nearest USCIS and ask for herself. she has played the game by her own rules to this point. why not keep trying the same tactic?

[pushbrk 13,104]

i suggest your friend should go to the nearest USCIS and ask for herself.

Resulting in probable immediate arrest and detention followed by deportation.