I-130 approved for my spouse while I'm in removal proceedings

[Boiler 45,670]

Never heard of a Such a limitation and if there is one begs the question fro when it would apply.

[HRQX 4,145]

47 minutes ago, mola888 said:

I have another question, I know there’s a 5-year statue of limitation for taking away someone’s green card (I've had mine for 6 years now), which isn't being enforced in courts and appeal courts (With one exception, 3rd circuit court of appeals), do you think it might help if I move to a state that falls under that court’s jurisdiction? And fight it there.

The statue of limitation is for AOS cases; see the BIA decision in Matter of Cruz de Ortiz: https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3728.pdf

5 minutes ago, Boiler said:

Never heard of a Such a limitation and if there is one begs the question fro when it would apply.

See the aforementioned case.

Edited November 11, 2019 by HRQX

[geowrian 22,337]

The statute of limitations for an LPR does not apply for fraud or misrepresentation, is not enforced by most courts, and only applies for those who did AOS, not consular processing.

https://content.next.westlaw.com/Document/Ifb0ab15fea9a11e08b05fdf15589d8e8/View/FullText.html?contextData=(sc.Default)&transitionType=Default&firstPage=true&bhcp=1

 

4 minutes ago, Boiler said:

Never heard of a Such a limitation and if there is one begs the question fro when it would apply.

I think they are referring to INA 246(a).

Edited November 11, 2019 by geowrian

[HRQX 4,145]

27 minutes ago, geowrian said:

fraud or misrepresentation

After OP leaves the US, is there room for hope of future legal immigration to the US? As a thought exercise, let's assume one of OP's parents is a USC. The USC parent files an I-130 to start the F3 process (OP's spouse would be listed as a derivative). The post script in the initial post seems to indicate OP (incorrectly) thought he hadn't done anything improper. Of course, that burden of proof is on the OP. In theory, is it possible? Or am I missing something?

Edited November 11, 2019 by HRQX

[Villanelle 4,122]

I understand what you are saying and what your thought process is. Im also sure you will be able to find lots of attnys who will gladly accept your money and take your case. But in all honesty you would be throwing the money away. There is absolutely NOTHING an attny can do for you as you violated the terms of the visa --so unless they are able to show you case law in your district that supports some kind of defense worth the $$ -- the removal proceeding will be successful. 

 

As for your 130 for your spouse, technically it will move forward as you are still technically an LPR. How far will it get? I dont know. I dont know if you will even be able to find someone in a similar situation. IMO it will continue to move forward through NVC (as they are most a paperwork pre-screening) but once at the Embassy I would expect it to go to interview like normal but then end up in AP there until the removal hearings are done. If by some chance the visa is issued and your spouse enters the US, when your removal proceedings are done and you are stripped of your LPR status her status will also be lost. It doesnt seem like a wise idea to have your spouse immigrate here knowing it will be temporary and she too will end up in removal. It might be best for you to just 'rip the bandaid off' so to speak and accept the fact that your LPR status is lost and rather then pursuing what will only be a temp status for your wife to focus on establishing a life together elsewhere. 

 

 

 

[geowrian 22,337]

2 minutes ago, HRQX said:

After OP leaves the US, is there room for hope of future legal immigration to the US? As a thought exercise, let's assume one of OP's parents is a USC. The USC parent files an I-130 to start the F3 process (OP's spouse would be listed as a derivative). The post script in the initial post seems to indicate OP (incorrectly) thought he hadn't done anything improper. Of course, that burden of proof is on the OP. In theory, is it possible? Or am I missing something?

Possible? Yes. But there could be a misrep bar that needs to be waived, depending on if they believe the past experience was incidental or intentional. If deported, that could include a bar as well.

[Boiler 45,670]

OP is a LPR until an IJ says otherwise or a I 407 is filed.

 

I assume that there is a Parent who could file for him as a married son.

 

If it is deemed Misrep and a waiver is needed then that Parent could also file.

 

Not the first time this has happened although the prior ones I recollect were more blatant and iften involve child of a LPR who forgot to mention thaechange in marital status.

[Boiler 45,670]

Deportation is only a 5 year bar.

[belinda63 3,039]

It depends what they find him guilty of in immigration court. But as said previously even if you wife does get the visa and is allowed to come here as soon as you are stripped of your LPR status she will be also. Do you think it is wise to give up everything back home for her to come visit the US?

[NigeriaorBust 4,087]

  Why would the wife be stripped of a green card if the spouse is ?  If he is an LPR until the court rules , then she is the wife of one.  If she got a green card ( assuming they would grant it while he is waiting deportation ) would not her status be OK even if he gets deported  ?  If he killed someone and got deported for a crime she would be OK.   

[geowrian 22,337]

1 minute ago, NigeriaorBust said:

  Why would the wife be stripped of a green card if the spouse is ?  If he is an LPR until the court rules , then she is the wife of one.  If she got a green card ( assuming they would grant it while he is waiting deportation ) would not her status be OK even if he gets deported  ?  If he killed someone and got deported for a crime she would be OK.   

Because he was improperly granted LPR status. That's different than if somebody was properly granted status and then became inadmissible or otherwise lost status later.

[Just Paul 4,595]

15 hours ago, NigeriaorBust said:

If she got a green card ( assuming they would grant it while he is waiting deportation ) would not her status be OK even if he gets deported  ?

The purpose of the I-130 is for family reunification.  If her husband was deported, or deportable, the reason for the I-130 petition or a subsequent VISA is moot.  Likely the consulate would hold the VISA issuance in AP under the Immigration Judge rules.

[Villanelle 4,122]

I happened to stumble across the following. Its specific to 751 ROC cases but I would assume the same things apply for any NTA as they dont usually have significant variations in the law for the general processes. (Only things like asylum or refugee/abuse issues tend to have variations of things that dont apply) Based on the following it seems when a NTA is issued they will accept a relative petition but wont adjudicate it. Since youre saying your 130 was approved but is still in process for the CR visa I would assume they would not be able to process the CR until the removal is done. Basically what I said before but an actual text from USCIS supporting it. 

 

However, because an alien whose Petition to Remove Conditions on Residence has been denied by the director is, strictly speaking, no longer a lawful permanent resident, the Service should not approve any Form I-130 filed by such an alien after issuance of the termination notice, but before resolution of the deportation proceeding. 8 C.F.R. § 216.4(d)(2). Nonetheless, as final termination of the alien's lawful permanent resident status is subject to review of the director's decision in deportation proceedings, we advise that if an alien in this situation does seek to file a Petition for Alien Relative, the Service should accept the petition as filed, but not adjudicate it pending conclusion of the deportation proceeding. Thus, if the alien recovers lawful permanent resident status in the deportation proceeding, the Form I-130 could be approved based on the priority date established when filed. Similarly, should the alien prevail before the immigration judge, the restoration of lawful permanent resident status would relate back to the date of termination. Thus, the period from the date of the director's notice of termination and the date of restoration of status would count as time accrued for purposes of eligibility for naturalization. Cf. INA § 216(e), 8 U.S.C. § 1186a(e)."

 

 

 

[HRQX 4,145]

10 minutes ago, Villanelle said:

Based on the following it seems when a NTA is issued they will accept a relative petition but wont adjudicate it.

It's "after issuance of the termination notice," not when a NTA is issued.