Advice Me

[Tanko Mumuni 0]

I was granted withholding of removal based on my sexual orientation. Now I found this lady who is very good and God sent. We got married last month. What are my chances if I file for adjustment of status?? Thanks

[JFH 12,190]

Is your wife a USC?

[Duke & Marie 1,389]

Outside of the above question by @JFH given you’ve got refugee withoukhding based on sexual orientation, the other question would now be, is it a same sex marriage? 

 

Not that same sex marriage is the problem, but there may well be questions about any change in sexual orientation from original claim to legal residency.. and said changes in orientation 🤷‍♀️

[Tanko Mumuni 0]

3 hours ago, JFH said:

Is your wife a USC?

Yes my wife is a USC

[JFH 12,190]

Then assuming you entered the country legally you can file for adjustment of status. 

[HRQX 4,145]

11 hours ago, JFH said:

Then assuming you entered the country legally you can file for adjustment of status. 

Seems it's not that straightforward:

• https://www.immigrationequality.org/get-legal-help/our-legal-resources/asylum/withholding-of-removal-and-cat/ "Because an order of removal was issued, and then withheld, in most cases a person would have to reopen their removal proceedings in order to pursue other immigration options."
• https://www.avvo.com/legal-answers/how-can-i-adjust-my-status-from-withholding-of-rem-1150369.html

[Tanko Mumuni 0]

12 hours ago, JFH said:

Then assuming you entered the country legally you can file for adjustment of status. 

I entered through the San Ysidro port of entry in California and my status as it appeared on my notice to appear at that period was “Arriving Alien “

[Duke & Marie 1,389]

16 minutes ago, Tanko Mumuni said:

I entered through the San Ysidro port of entry in California and my status as it appeared on my notice to appear at that period was “Arriving Alien “

Yeah but withholding of removal provides no means of adjusting status without reopening removal proceeds.. 

 

You ignored my question posted earlier, you need to realise it is highly relevant.. given you obtained withholding from removal based on sexual orientation before now marrying someone of the opposite sex.. 

 

in attempting to adjust status, you must reopen removal proceeds, obtain waivers etc.. in doing so your original claim for withholding removal will now be questioned as potentially untruthful by a judge, which will not only impact on your legal status within the USA but possibly your I130 petition also.. 

 

You will need an immigration lawyer to assist with adjustment, the immigration judge and ICE or you risk deportation when withholding from removal is reopened particularly since you now married opposite sex, indicating you may not have sexual orientation issues with your home country. 

Edited December 8, 2019 by Duke & Marie

[Tanko Mumuni 0]

2 minutes ago, Duke & Marie said:

Yeah but withholding of removal provides no means of adjusting status without reopening removal proceeds.. 

 

You ignored my question posted earlier, you need to realise it is highly relevant.. given you obtained withholding from removal based on sexual orientation before now marrying someone of the opposite sex.. 

 

in attempting to adjust status, you must reopen removal proceeds, obtain waivers etc.. in doing so your original claim for withholding removal will now be questioned as potentially untruthful by a judge, which will not only impact on your legal status within the USA but possibly your I130 petition also.. 

 

You will need an immigration lawyer to assist with adjustment or you risk deportation when withholding from removal is reopened particularly since you now married opposite sex, indicating you may not have sexual orientation issues with your home country. 

Thanks very much

[Duke & Marie 1,389]

2 minutes ago, Tanko Mumuni said:

Thanks very much

What was your claim for sexual orientation? Gay? Lesbian? Transsexual? Bisexual?... if you pleaded gay originally, I suspect you’ll have a very difficult time adjusting status.

[Tanko Mumuni 0]

Just now, Duke & Marie said:

What was your claim for sexual orientation? Gay? Lesbian? Transsexual? Bisexual?... if you pleaded gay originally, I suspect you’ll have a very difficult time adjusting status.

I pleaded gay originally 

[Duke & Marie 1,389]

14 minutes ago, Tanko Mumuni said:

I pleaded gay originally 

Once removal proceeds reopen.. you will not be able to prove being gay due to now being married to a woman.. the two are contradictory and you can’t just turn being gay off.. 

 

they going to claim you lied on original case to withholding from removal, or your in a false marriage to obtain green card.. this will also go against you in adjusting to marry usc... at least one of the cases if not both may well be seen as fraudulent 

Edited December 8, 2019 by Duke & Marie

[Duke & Marie 1,389]

Like I said, you need a good immigration lawyer, to work with immigration judge, ICE and USCIS if you’re thinking to move forward with adjustment of status or you risk deportation.

[Tanko Mumuni 0]

1 minute ago, Duke & Marie said:

Like I said, you need a good immigration lawyer, to work with immigration judge, ICE and USCIS if you’re thinking to move forward with adjustment of status or you risk deportation.

Can you recommend a good immigration lawyer you might know.

[Duke & Marie 1,389]

Just now, Tanko Mumuni said:

Can you recommend a good immigration lawyer you might know.

I don’t know any sorry