1-130 apprvoed but still removal proceeding (merged)

[Anitafeliz 1,133]

sorry no offense but all the people who reply are you guys immigration lawyers? or somthing else

here some stories for all these laywer who was telling what they feel and didnt know the law

Then why did you come for opinions on a DYI site?

Since you have the TOP attorney on retainer you should be fine...

[Tusabe 14]

Then why did you come for opinions on a DYI site?

Since you have the TOP attorney on retainer you should be fine...

Yeah that's what I want to know. Why not call the great and wonderful lawyer to ask the same question??

All those great success stories are old sure one case from 2009 was seen in court in 2014 but with the new president stepping into office soon he is firm with not wanting any more criminals in the wonderful US of A. What lawyer would actually tell a lpr to file another i130 when he's already in the country. Sounds like a lawyer that takes advantage of unknowledgeable immigrant. Oh boy I don't want to know of all the money he's wasting the lawyer

[Ash.1101 1,756]

You aren't working with the best lawyer. You're working with a partnership, as all of the good stories you linked are from LA and TX, and not from Ohio., one lawyer isn't getting around doing all of this. It's a group of lawyers, and that doesn't mean they're ALL the best.

This isn't much different than those people on TV who say they're THE top injury lawyer in Texas. Each city will have a different one, and some have partnerships in other states.


With that said, if you're worried talk to your lawyer. You obviously hired him for a reason, but you can't just get a new green card because you already have a valid one, and if they invalidate it and deport you, you would have abandoned that green card application/green card that you put into the system causing you NOT to get a green card.

Your lawyer already said the chances of you winning are low, as you said yourself in a post. At this point they're probably just taking you for all they can. They CAN make this process last forever, and you'll keep paying them. If you're deported, your Green Card is abandoned, I'm sure they'll help you try to file for a spousal visa, and then a waiver when the spousal visa is denied. They'll have years worth of money, and they know that because they already forsee a loss.


As for why did they approve the I-130? They probably thought that maybe you've abandoned your green card and are looking for a new one, the system that they see may not have shown that you already have one. It's like when they approve I-129F's for people who are already married, but it doesn't hit in the system. The computer systems aren't flawless, people here have been told they already had GC's because a person had the same name as them.





And last, generally they don't issue ANYTHING new to a person currently under proceedings. Basically what will happen is if they want to go for an approval for a new GC, then that GC will be held until the court hearing has finished, they can still absolutely take away that "new" GC and deport you.

You already have a GC in the system, even if for some reason you make it to a GC interview, they're going to tell you that you already have a valid one and tell you that if you wanted a replacement then you should have filed an I-90. If you tell them that you did this because your lawyer told your wife too because you're currently in removal proceedings, they may see you are trying to get around the law by "attempting" to preempt the inevitable denial at the hearing, and don't think that if a CO thinks you're trying to get around the system they aren't going give that info to the judge to use against you.

I see all of this helping the lawyer, not you, but again, you hired him. You tell him about your concerns.

Edited November 27, 2016 by Ash.1101

[kilo_bilo 0]

Tusabe dont take me wrong but presedent of the united state dont make laws congress does

[Cathi 5,784]

Tusabe dont take me wrong but presedent of the united state dont make laws congress does

OMG, STOP the madness. This a a DIY site, you asked a questio and people answered correctly yet you are angry because you didn't get the answer you want. Just because you want another GC when you ALREADY have one, does not mean you will get one. You need a waiver. Period. End of story. Ask your so-called top attorney why he is scamming you instead of getting angry at people here.

[Tusabe 14]

Tusabe dont take me wrong but presedent of the united state dont make laws congress does

Don't take me wrong?? What ?? No entender

Being new to American life in all from my understanding the president brings the laws he would like to put into effect to congress and they vote on them

You attacked your own family causing them great harm (aggravated assault) what makes you think a judge would allow a dangerous person as yourself to stay here ??

[kilo_bilo 0]

yes but presedent ain the one one who make the law thats what im trying to tell you the new presdent is not worst then the old one the onld one deported 2 million, so what can be worse than that yes people do make mistake and if i was that dengours they should have thrown me out the country when they pick me up or they should have denied my wife -130 when i filed for her and she came on my status while i was on deportion and im still on deportion and she b citizen in few months the poeple here on this fourm shold have give postive answare instead breaking some one down without knowledge or if u do got knowledge tell them what they should do to make it better and help them

this world is full for haters

[kilo_bilo 0]

Waivers for Crimes for Permanent Residents

Some of the possible 212(h) waiver scenarios include:

Stand-Alone 212(h) waiver for permanent residents (green card holders) in removal proceedings.

These may be possible for green card holders who are returning to US from abroad (called “arriving aliens”) who are now in removal proceedings because of a crime committed after green card issuance. Green card holders do not have to reapply for a green card (new adjustment application) but can file just the 212(h) waiver by itself in removal proceedings. It may be more difficult, depending on where you live in the US, to be able to file a stand-alone 212(h) waiver if you never departed the US and have been placed in removal proceedings after committing a deportable crime.

212(h) Waiver with re-adjustment in removal proceedings.

It is possible for a green card holder who wants to re-adjust (apply for a new green card) in removal proceedings with pending deportability charges, to also apply for a 212(h) waiver at the same time as applying for a new green card.

To be successful with a 212(h) waiver, must show that either

1. the criminal activities the immigrant was convicted of happened more than 15 years before their application for adjustment of status (the green card process in the US) and approving the case would not be contrary to national welfare, safety or security, and that the person has been rehabilitated; OR

2. the immigrant is the spouse, parent, son or daughter of a US citizen or permanent resident, that qualifying relative would suffer extreme hardship if the immigrant’s admission into the US was denied (i.e., the waiver case was denied); OR

if waiving prostitution ground, prostitution must be sole basis of inadmissability, the immigrant has been rehabilitated, and approving the case would not be contrary to national welfare, safety or security

Additional requirements for green card holders:

4. has lawfully resided in the United States for at least 7 years before removal proceedings were initiated and

5. not been convicted of an aggravated felony since becoming an green card holder (with special exceptions – consult a lawyer!).

Still . . . the immigrant must also prove that he or she “deserves” that the waiver be granted – because the waiver is discretionary. How is the person have strong moral character despite their criminal acts?

You are also ineligible for a 212(h) waiver based on moral character grounds if you ever committed, attempted to commit, conspired to commit, or actually admitted to the elements of the crime o murder or torture.

[EM_Vandaveer 2,417]

All an approved I-130 means is that USCIS agrees you are married to your wife in a bona fide manner. It does NOT mean that you are not inadmissible/deportable (you most likely are due to your conviction).

[Anitafeliz 1,133]

Waivers for Crimes for Permanent Residents

Some of the possible 212(h) waiver scenarios include:

Stand-Alone 212(h) waiver for permanent residents (green card holders) in removal proceedings.

These may be possible for green card holders who are returning to US from abroad (called arriving aliens) who are now in removal proceedings because of a crime committed after green card issuance. Green card holders do not have to reapply for a green card (new adjustment application) but can file just the 212(h) waiver by itself in removal proceedings. It may be more difficult, depending on where you live in the US, to be able to file a stand-alone 212(h) waiver if you never departed the US and have been placed in removal proceedings after committing a deportable crime.

212(h) Waiver with re-adjustment in removal proceedings.

It is possible for a green card holder who wants to re-adjust (apply for a new green card) in removal proceedings with pending deportability charges, to also apply for a 212(h) waiver at the same time as applying for a new green card.

To be successful with a 212(h) waiver, must show that either

• the criminal activities the immigrant was convicted of happened more than 15 years before their application for adjustment of status (the green card process in the US) and approving the case would not be contrary to national welfare, safety or security, and that the person has been rehabilitated; OR
• the immigrant is the spouse, parent, son or daughter of a US citizen or permanent resident, that qualifying relative would suffer extreme hardship if the immigrants admission into the US was denied (i.e., the waiver case was denied); OR
• if waiving prostitution ground, prostitution must be sole basis of inadmissability, the immigrant has been rehabilitated, and approving the case would not be contrary to national welfare, safety or security

Additional requirements for green card holders:

4. has lawfully resided in the United States for at least 7 years before removal proceedings were initiated and

5. not been convicted of an aggravated felony since becoming an green card holder (with special exceptions consult a lawyer!).

Still . . . the immigrant must also prove that he or she deserves that the waiver be granted because the waiver is discretionary. How is the person have strong moral character despite their criminal acts?

You are also ineligible for a 212(h) waiver based on moral character grounds if you ever committed, attempted to commit, conspired to commit, or actually admitted to the elements of the crime o murder or torture.

YOU have all the answers...

Congrats good luck re adjusting.

[Unlockable 7,315]

OP not hearing the answers he like.

ANY immigrant can be deported. Even if they are married to a USC. There are plenty of cases of it. Go to immigrate2us and you will see threads dedicated to it.

Good luck.

[Anitafeliz 1,133]

OP you PM me asking me what did I mean good luck re adjusting.

Rather then PM you back in case I answer wrong I'll answer you here in case I am wrong.

If you are re ISSUED a GC you will need to re adjust like you did with your first go around. Re submit everything re pay all fees. Re establish everything.

It would be treated as a new case.

[Tusabe 14]

yes but presedent ain the one one who make the law thats what im trying to tell you the new presdent is not worst then the old one the onld one deported 2 million, so what can be worse than that yes people do make mistake and if i was that dengours they should have thrown me out the country when they pick me up or they should have denied my wife -130 when i filed for her and she came on my status while i was on deportion and im still on deportion and she b citizen in few months the poeple here on this fourm shold have give postive answare instead breaking some one down without knowledge or if u do got knowledge tell them what they should do to make it better and help them

this world is full for haters

Wonderful did you not hear me say my wife's brothers friend was deported because of a bar fight. It took time but he's out. Who's hating on you ?? I'm here in the greatest country in the world with my beautiful wife watching football I fully intend to follow the rules and laws of this wonderful nation so I don't risk getting deported and I certainly won't be fighting anyone but I'm more the peace love happiness type and do not believe in violence (football is bad enough but hey it's so entertaining?)

Congratulations on your wife becoming a citizen in a few months guess she's been here 5 years already but with all do respect if your facing deportation nobody can save you not even obama

[EM_Vandaveer 2,417]

OP may be able to submit a waiver to the court. If it will be approved or denied is another question.

[kilo_bilo 0]

EM_Vandaveer i think thats wht my lawyer mean thats why he tried to change the ple but unfortunatly the criminal court reall didnt help but drop few charges to make me eligiable for the waiver but the thing i didnt understand was why he make my wife filled the i-130 for me

Tusabe you need to b the lawyer for real if you have that much knoweldge