I-130 approved but we have 2 pardons in the way

[Sara16 2]

6 hours ago, ChePipa00 said:

we filled out the I-130 and legal is taking care of the waivers. Yes, we want for her to stay here with me in the country and live out the rest of our lives. We have not filed an I-485 yet if that's what you're asking. We were told that the I-130 needed to be approved, and then the 2 waivers would have to be approved (or however it's called). True?

Since your wife is in removal proceedings . Her green card has to be granted by an immigration judge. After the I-130 is approved , you should be called in to uscis for an interview . This interview will be a stokes interview ( since she is in proceedings). Once you guys are successful with the interview , you appear before the immigration judge with the approval notice from USCIS. Everything is now in the hands of the immigration judge and the government attorney. You need a knowledgeable Immigration lawyer to assist with your case . As far as I know you wife do not have to leave the country to be interviewed. As far as your waivers I’m not certain since from the cases I have seen the alien did not disobey the notices . They appeared to the immigration judge once the notice for removal proceedings was received. You wife can be successful, she needs to appear in court when she receives notices and hire a good attorney. Best of luck . 

[ChePipa00 6]

12 hours ago, Jorgedig said:

Actually, OP, your wife is currently in removal proceedings, correct?  So I think that precludes her ability to adjust status via marriage to you.

 

 

Ok wife said...the day she went to court, the lawyer said to her...if they say NO today, she could be on a plane back to brazil the same day. The Judge (or whatever they're called here) approved the stay, so they said the case can continue and wavier/pardons would now need to be filled out. 

[ChePipa00 6]

10 hours ago, Misscloud said:

If it’s removal proceeding ( like me) she still can adjust status but she need to have that removal peoceeding to be terminated. Approved i-130 can be use to motion to terminate and after it’s granted she can file for I-485. 
 

While if she’s already in deportation order, that’s totally different case 

ok so does that mean when she went to court and the judge said she does not have to leave...now the waiver/pardons she has to fill out are for the termination of removal proceedings? 

[ChePipa00 6]

6 hours ago, Sara16 said:

Since your wife is in removal proceedings . Her green card has to be granted by an immigration judge. After the I-130 is approved , you should be called in to uscis for an interview . This interview will be a stokes interview ( since she is in proceedings). Once you guys are successful with the interview , you appear before the immigration judge with the approval notice from USCIS. Everything is now in the hands of the immigration judge and the government attorney. You need a knowledgeable Immigration lawyer to assist with your case . As far as I know you wife do not have to leave the country to be interviewed. As far as your waivers I’m not certain since from the cases I have seen the alien did not disobey the notices . They appeared to the immigration judge once the notice for removal proceedings was received. You wife can be successful, she needs to appear in court when she receives notices and hire a good attorney. Best of luck . 

Thank you! 

[ChePipa00 6]

9 hours ago, Jorgedig said:

In the first post, OP says that she had already been ordered to leave the US prior to their marriage.

yes she's been in the country working for the past 20+ years....she was ordered the first time probably after the first 5 years of being here. 2007(around this time)

[ChePipa00 6]

8 hours ago, milimelo said:

Actually, with a good lawyer and if the husband is USC (as it seems he is), they can ask for cancellation of removal and for immigration court to allow AOS. Of course needs to write up that she's been contributing member of society (work, volunteering, tax-paying person) and how her deportation would negatively affect the USC spouse. Where's she from? 

We're not sure on the good lawyer part, seems like it's just money pot but the same lawyer was used for relatives of hers so we're hoping for the same positive outcomes. yes she's been working in the country and paying taxes for more than 20+ years while she's been here. she's from Brazil. 

[Daisy.Chain 317]

14 minutes ago, ChePipa00 said:

 

 

Edited October 15, 2022 by Daisy.Chain

[Family 4,223]

1 hour ago, ChePipa00 said:

Ok wife said...the day she went to court, the lawyer said to her...if they say NO today, she could be on a plane back to brazil the same day. The Judge (or whatever they're called here) approved the stay, so they said the case can continue and wavier/pardons would now need to be filled out. 

The day your wife went to court, her attorney managed to get them to re-open her previous In Absentia  Order of Removal ( she did not show up to court in the past). .so you seem to be in good hands. Ideally they would now motion to terminate removal proceedings and let her go adjust with USCIS.
 

You can ask your attorney to motion the court to advance the next hearing, based on the I-130 approval and your own health issues( recent surgery…). Unless your wife had fraud or criminal issues, then I don’t quite understand the waiver reference…
 

Also ask the name of the “ two waivers “ , see where /when they were filed and post here for feedback…( knowing if they were filed w court or w USCIS will help you understand what attorneys are saying).

 

if they were filed with the court, then all you can do is hope you get an earlier court date to move process along . ..there should be no reason for your wife to go outside the country IF the attorneys are preparing for a Cancellation of Removal ( she has a strong case given your advanced age and health).

 

You have paid enough $$ to request a sit down with the attorneys and ask all the questions you need to , until the process AND their strategy is clear to you.

 

It sounds like all the hard work has been done already, so maybe let them finish the process, but worth a second opinion, if you can’t get a straight answer.

 

 

[Family 4,223]

The “ 2 pardons” referenced in the title of your post and “ 2 waivers” make it sound as if your attorneys filed. conditional I-212 and I-601-A and that means the attorneys strategy was to send her out for consular processing….when in reality she is an ideal candidate for termination of removal proceedings per prosecutorial discretion OR the strong case of COR/ cancellation of removal , ALL from within the USA

 

So the best thing you can do is make a list of questions, ask your attorney to explain in every day language…the excellent question you posted here: What’s Next…and hopefully you keep posting for more feedback 

Edited October 15, 2022 by Family

[pushbrk 13,116]

The OP has an attorney.  The attorney does not need to speculate on what has been done.  My advice is to ask these questions of your attorney, who actually knows the details of your case.

[ChePipa00 6]

8 hours ago, Daisy.Chain said:

 

She has been paying taxes the entire time...does your question really even matter? Be helpful...thats what this place is for.

[ChePipa00 6]

7 hours ago, Family said:

The day your wife went to court, her attorney managed to get them to re-open her previous In Absentia  Order of Removal ( she did not show up to court in the past). .so you seem to be in good hands. Ideally they would now motion to terminate removal proceedings and let her go adjust with USCIS.
 

You can ask your attorney to motion the court to advance the next hearing, based on the I-130 approval and your own health issues( recent surgery…). Unless your wife had fraud or criminal issues, then I don’t quite understand the waiver reference…
 

Also ask the name of the “ two waivers “ , see where /when they were filed and post here for feedback…( knowing if they were filed w court or w USCIS will help you understand what attorneys are saying).

 

if they were filed with the court, then all you can do is hope you get an earlier court date to move process along . ..there should be no reason for your wife to go outside the country IF the attorneys are preparing for a Cancellation of Removal ( she has a strong case given your advanced age and health).

 

You have paid enough $$ to request a sit down with the attorneys and ask all the questions you need to , until the process AND their strategy is clear to you.

 

It sounds like all the hard work has been done already, so maybe let them finish the process, but worth a second opinion, if you can’t get a straight answer.

 

 

Thank you!!! I will post when i have more info...thank you for being helpful! 

6 hours ago, Family said:

The “ 2 pardons” referenced in the title of your post and “ 2 waivers” make it sound as if your attorneys filed. conditional I-212 and I-601-A and that means the attorneys strategy was to send her out for consular processing….when in reality she is an ideal candidate for termination of removal proceedings per prosecutorial discretion OR the strong case of COR/ cancellation of removal , ALL from within the USA

 

So the best thing you can do is make a list of questions, ask your attorney to explain in every day language…the excellent question you posted here: What’s Next…and hopefully you keep posting for more feedback 

Thank you again! 

[Crazy Cat 42,298]

This matter is outside the scope of a DIY website.  I agree with @pushbrk. The attorney is the person who should be consulted.  Good luck.

[Family 4,223]

Many in the VAWA thread either have or are in removal ( with legal representation), yet find it helpful to post/ share/ ask questions….hopefully OP feels free to continue posting as I am sure he will get input from some

[ChePipa00 6]

2 minutes ago, Crazy Cat said:

This matter is outside the scope of a DIY website.  I agree with @pushbrk. The attorney is the person who should be consulted.  Good luck.

Already stated in original post not looking for exacts...i know this place isn't for legal advice but rather possible individuals that share the same path...and just possibles...that's it. Information shared by @Sara16 @Family @Misscloud @Jorgedig @belinda63are what others come here looking for and Not what @pushbrk comments...i do not know the right questions to ask...which is why i'm here! And the users stated above gave me enough information in less than 24 hours then my experience with her legal team for the last 3 years.  Attorneys get things wrong all the time, sometimes it takes others with experience to either push along your legal team or come to a realization that they're not fit for "your" job and time to seek other legal help. I'll give you a thumbs up for the good luck @Crazy Cat

1 minute ago, Family said:

Many in the VAWA thread either have or are in removal ( with legal representation), yet find it helpful to post/ share/ ask questions….hopefully OP feels free to continue posting as I am sure he will get input from some

Exactly! Thank you again @Family! i will continue posting as i have more information.