In removal proceeding, Can I my new I-130 be approved?

[makaleza 0]

I need some advice. I came into the US legally as a student and I later met and married my ex-wife. We were together for 2years and things started to change. I had to move out of town to attend college for graduate school, but she refused to come with me since she felt my new location was too cold for her. I found out she was seeing someone else and she However, she comes often and spend sometimes with me. The last time she came, she was with me for 3 months. Anyway, we had to go for the I-751 removal of condition and she withdrew her petition, leaving me without any status and my conditional residency was terminated. Now I'm in removal proceedings. Our divorce finally went through and I remarried to my girl friend of 2 years who is presently 5 months pregnant with my baby (this was before the removal proceedings commenced). However, we are thinking of filing a new paper work(I-130, I-485, etc) all over again but we are concerned it may not be approved since I'm now in removal proceedings. The lawyer we got informed me that I don't have anything to worry about, but how can I be so sure of that? There is no immigration benefit to evade as I have been going to school since my first day in the US and I'm still in school now (after 5 years). Has anyone been in this situation before or can anyone advice on things to do?

[diadromous mermaid 36]

I need some advice. I came into the US legally as a student and I later met and married my ex-wife. We were together for 2years and things started to change. I had to move out of town to attend college for graduate school, but she refused to come with me since she felt my new location was too cold for her. I found out she was seeing someone else and she However, she comes often and spend sometimes with me. The last time she came, she was with me for 3 months. Anyway, we had to go for the I-751 removal of condition and she withdrew her petition, leaving me without any status and my conditional residency was terminated. Now I'm in removal proceedings. Our divorce finally went through and I remarried to my girl friend of 2 years who is presently 5 months pregnant with my baby (this was before the removal proceedings commenced). However, we are thinking of filing a new paper work(I-130, I-485, etc) all over again but we are concerned it may not be approved since I'm now in removal proceedings. The lawyer we got informed me that I don't have anything to worry about, but how can I be so sure of that? There is no immigration benefit to evade as I have been going to school since my first day in the US and I'm still in school now (after 5 years). Has anyone been in this situation before or can anyone advice on things to do?

Yes, the new I-130 can be approved, if there are no complicating factors that you've failed to mention. When a second marriage occurs while an alien is in proceedings the biggest obstacle the alien faces is overcoming the presumption that such a marriage is to overcome the removal, or, fraudulent, and you will need to document very carefully that the relationship is the subsequent deadline you will be given to leave the U.S. under voluntary departure. The IJ, (immigration judge) can allow continuances while consideration of the I-130 application is in process.

Why did your ex-wife withdraw the I-751 in the first place? Did she allege that the first marriage was not bonafide?