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Help-USC husband won't hear about INS!

Help-USC husband won't hear about INS!

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Old Sep 13th 2002, 11:00 am
  #16  
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Default Re: Help-USC husband won't hear about INS!

Yes I did file for status of adjustment. Got denied. Appealed..got denied..a second appeal..got denied again...
They denied because they said I misrepresented the status of my husband when I asked for a visa tourist from my country. I did not tell them he was a USC. But, I did tell them we were married. That's the reason I am getting denied...
it's been going on for 5 years !!!
The INS sent me a letter 10 months ago saying they will start the process of deporting me...I am waiting now...I hope I will at least have the chance to see a judge...I am not giving up yet no matter how hard it is...
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Old Sep 13th 2002, 12:28 pm
  #17  
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Default Re: Help-USC husband won't hear about INS!

soniaa wrote:
    > Yes I did file for status of adjustment. Got denied. Appealed..got denied..a second
    > appeal..got denied again... They denied because they said I misrepresented the
    > status of my husband when I asked for a visa tourist from my country. I did not
    > tell them he was a USC. But, I did tell them we were married. That's the reason I
    > am getting denied...

So, basically you entered on a tourist visa and didn't tell the consulate you
husband was a US citizen. Did you tell them that he lived in the US? After not
telling them this, you then entered on the tourist visa, overstayed, and then
attempted to adjust status? Why did you not just apply for a spouse visa in the
first place. What is the country?
 
Old Sep 14th 2002, 10:28 am
  #18  
Chris Parker
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Default Re: Help-USC husband won't hear about INS!

    > Yes I did file for status of adjustment. Got denied. Appealed..got denied..a second
    > appeal..got denied again... They denied because they said I misrepresented the
    > status of my husband when I asked for a visa tourist from my country. I did not
    > tell them he was a USC. But, I did tell them we were married. That's the reason I
    > am getting denied... it's been going on for 5 years !!! The INS sent me a letter 10
    > months ago saying they will start the process of deporting me...I am waiting
    > now...I hope I will at least have the chance to see a judge...I am not giving up
    > yet no matter how hard it is...

Just file for adjustment again. That'll keep you out of the deportation process, and
maintain eligibility for employment authorization.

Have you ever checked with EOIR to see if perhaps they did order you deported in
absentia? If so, I'd make a motion to reopen on the grounds of nonreceipt of the
notice of hearing.


CP
 
Old Sep 14th 2002, 3:28 pm
  #19  
Mrtravel
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Default Re: Help-USC husband won't hear about INS!

Chris Parker wrote:
    > > Yes I did file for status of adjustment. Got denied. Appealed..got
    > > denied..a second appeal..got denied again...
    > > They denied because they said I misrepresented the status of my husband
    > > when I asked for a visa tourist from my country. I did not tell them he
    > > was a USC. But, I did tell them we were married. That's the reason I am
    > > getting denied...
    > > it's been going on for 5 years !!!
    > > The INS sent me a letter 10 months ago saying they will start the
    > > process of deporting me...I am waiting now...I hope I will at least
    > > have the chance to see a judge...I am not giving up yet no matter how
    > > hard it is...
    > Just file for adjustment again. That'll keep you out of the
    > deportation process, and maintain eligibility for employment
    > authorization.

If you keep getting the AOS denied, are you saying you can stay in the
country if you simply keep filing for AOS?
 
Old Sep 15th 2002, 7:41 am
  #20  
Chris Parker
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Default Re: Help-USC husband won't hear about INS!

    > If you keep getting the AOS denied, are you saying you can stay in the
    > country if you simply keep filing for AOS?

Yes.

However, once in deportation or removal proceedings, the AOS
application is considered by the immigration judge as discretionary
relief from removal (i.e., instead of ordering you removed, I adjust
your status).

Strange world, isn't it?

You cannot apply for adjustment after being ordered removed or
deported, however.

CP
 
Old Sep 15th 2002, 4:36 pm
  #21  
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Default Re: Help-USC husband won't hear about INS!

Have you ever checked with EOIR to see if perhaps they did order you deported in
absentia? If so, I'd make a motion to reopen on the grounds of nonreceipt of the
notice of hearing.


Could they do that ?? order me deported in absentia ??
WHAT'S EOIR PLEASE ????
Thank you so much for yr help..I learnt more from you than from my legal advicer...I cannot afford a lawyer ...
thank you so muchhhhhhhhhh
another question , could a notice of hearing take that much long...I have been waiting for it for 10 months
if the notice is here could I still file for AOS ??
thank you for yr help and yr time ...
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Old Sep 16th 2002, 1:50 am
  #22  
Chris Parker
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Default Re: Help-USC husband won't hear about INS!

    > You cannot apply for adjustment after being ordered removed or
    > deported, however.

Actually, I don't see a law or regulation which prohibit it, although
Form I485 does ask you if you were ordered deported/removed more than
a year ago. It would seem, in that case, that status can still be
adjusted even after removed, although INS policy is only if you apply
within one year of the order.

Use a lawyer if you are in that situation, discretely, please!
CP
 
Old Sep 16th 2002, 2:04 am
  #23  
Chris Parker
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Default Re: Help-USC husband won't hear about INS!

    > Could they do that ?? order me deported in absentia ??
Sure, if you Notice to Appear got lost in the regular mail.

    > WHAT'S EOIR PLEASE ????
This is the immigration court. Call 1-800-898-7180 and have your
Alien A# available.

    > Thank you so much for yr help..I learnt more from you than from my legal
    > advicer...I cannot afford a lawyer ...

How did you "appeal" adjustment denial? I485 application decisions
cannot be appealed. They can be reopened/reconsidered however. If
you are married to a U.S. citizen, you can always re-apply with fee
also (better option, if possible).

    > another question , could a notice of hearing take that much long...I
    > have been waiting for it for 10 months
    > if the notice is here could I still file for AOS ??

If you last entered with a visa, you can really only be deported if
shown to have violated your admitted status.

If you last entered with parole, you really can only be removed if
found to be inadmissible.

Otherwise, they'll probably leave you alone. So, it is quite possible
they've done nothing with you. Check EOIR, and if they have no
record, reapply for adjustment to regain lawful status. Avoid using
Advance Parole, however, if it has been more than 6 months since your
last adjustment application was denied.

Adjustment is also a form of discretionary relief from removal, so if
you find you are currently in removal proceedings, send your I485
application to the judge handling your case and request his approval.


CP
 
Old Sep 16th 2002, 2:42 am
  #24  
Chris Parker
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Default Re: Help-USC husband won't hear about INS!

    > The INS sent me a letter 10 months ago saying they will start the
    > process of deporting me...I am waiting now...I hope I will at least
    > have the chance to see a judge...I am not giving up yet no matter how
    > hard it is...

Because your case involves fraudulent procurement of a visa (and
likewise fraudulent entry), you are a candidate for expedited removal
under Section 235, which means you don't even get a hearing before an
immigration judge. Are you sure that wasn't what this notice was
about? Did they say proceedings under INA 235 or INA 240?

Your husband should also consider how important the marriage is to
him. There is no way you are going to get approval for adjustment
without his intervention beyond signing papers for you.


CP
 
Old Sep 16th 2002, 4:24 am
  #25  
Chris Parker
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Default Re: Help-USC husband won't hear about INS!

    > They denied because they said I misrepresented the status of my husband
    > when I asked for a visa tourist from my country. I did not tell them he
    > was a USC. But, I did tell them we were married. That's the reason I am
    > getting denied...

So, you are inadmissible under INA 212(a)(6)(C)(i) -
Misrepresentation. They were correct to deny your application, and
they will do so again if nothing is different. The only way you can
get around this inadmissibility and get adjusted is if deportation
would cause extreme hardship to your U.S. citizen spouse and/or
children. You need to file Form I-601 with Form I-485 to apply for
that waiver.

Please note, extreme hardship is more than just financial hardship
and/or physical separation. There are a number of criteria that are
considered toegther to determine if a hardship will be extreme:

8 CFR 240.58(b) To establish extreme hardship, an applicant must
demonstrate that deportation would result in a degree of hardship
beyond that typically associated with deportation. Factors that may be
considered in evaluating whether deportation would result in extreme
hardship to the alien or to the alien's qualified relative include,
but are not limited to, the following:
(1) The age of the alien, both at the time of entry to the United
States and at the time of application for suspension of deportation;
(2) The age, number, and immigration status of the alien's children
and their ability to speak the native language and to adjust to life
in the country of return;
(3) The health condition of the alien or the alien's children, spouse,
or parents and the availability of any required medical treatment in
the country to which the alien would be returned;
(4) The alien's ability to obtain employment in the country to which
the alien would be returned;
(5) The length of residence in the United States;
(6) The existence of other family members who are or will be legally
residing in the United States;
(7) The financial impact of the alien's departure;
(8) The impact of a disruption of educational opportunities;
(9) The psychological impact of the alien's deportation;
(10) The current political and economic conditions in the country to
which the alien would be returned;
(11) Family and other ties to the country to which the alien would be
returned;
(12) Contributions to and ties to a community in the United States,
including the degree of integration into society;
(13) Immigration history, including authorized residence in the United
States; and
(14) The availability of other means of adjusting to permanent
resident status.

Good luck.
CP
 
Old Sep 16th 2002, 5:04 am
  #26  
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Default Re: Help-USC husband won't hear about INS!

Dear Chris,

Thank you so much for your help...really it made a big difference to me...and I leart few things I was ignorant of...
I called the 1800 number and checked...they have no record of my file...so could it be that the file is a close matter for them ??? is anything still can be done ? I mean file another AOS ?
WHEN you're not allowed to see an INS judge do they let you know that ???
When they denied my AOS twice my legal adviser said it's better to give up and wait for a notice from the court...
when they denied the INS said that I needed to submit I-160
application for a waiver of excludability. because I misrepresented the status of my husbad when I requested for a visa tourist to come here...it was not a fraud...
thank you so much Chris for your help...really you mad me feel that I have to pay you here for all these precious advice..
Bless you...
Well my husband think that may be there is nothing more to do...and this discourage me so much that I prefer to keep doing everything bymyself...well...

THANK YOUUUUUUUUUUUUUUUUUUUUUU
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Old Sep 17th 2002, 1:08 am
  #27  
Chris Parker
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Default Re: Help-USC husband won't hear about INS!

    > I called the 1800 number and checked...they have no record of my
    > file...so could it be that the file is a close matter for them ??? is
    > anything still can be done ? I mean file another AOS ?
    > WHEN you're not allowed to see an INS judge do they let you know that
    > ???

If you last entered the U.S. with a visa (such as a B2 tourist visa),
you are entitled to a hearing before a judge. If there is no file at
EOIR, and you received no notice about a hearing or an order, I think
it is clear that no case has been filed against you yet. You can
check that number as often as you'd like. As you can see, even INS
does have some compassion....

They are supposed to give you notices about any hearing or orders
entered against you. Unfortunately, some people at INS don't know how
to address an envelope clearly and correctly, so that the most
important notices from them are sometimes "lost" in the regular mail.

    > When they denied my AOS twice my legal adviser said it's better to give
    > up and wait for a notice from the court...
    > when they denied the INS said that I needed to submit I-160
    > application for a waiver of excludability. because I misrepresented the
    > status of my husbad when I requested for a visa tourist to come
    > here...it was not a fraud...

Yes, you may reapply for adjustment. While pending, it will prevent
any deportation proceedings from being initiated. However, the
application will be denied again if filed by itself because you are
still inadmissible under as follows:

INA 212(a)(6)(C) Misrepresentation.-
(i) In general.-Any alien who, by fraud or willfully misrepresenting a
material fact, seeks to procure (or has sought to procure or has
procured) a visa, other documentation, or admission into the United
States or other benefit provided under this Act is inadmissible.

For the adjustment application to become approvable, as I wrote
yesterday, you need an approved waiver of inadmisibility. The law
authorizes the waiver only upon a showing of that extreme hardship
will be sufferred by your U.S. citizen spouse and children. I
enumerated earlier the broad criteria they consider together to
determine if a hardship is indeed "extreme"; you must show several of
those aspects (as many as you can) will actually apply to your family.

You need to file Form I-601 with your adjustment application to apply
for the waiver of inadmissibility:
http://www.ins.usd-
oj.gov/graphics/formsfee/forms/i-601.htm


    > Well my husband think that may be there is nothing more to do...and this
    > discourage me so much that I prefer to keep doing everything
    > bymyself...well...

You'll never get any approvals without his assistance. Perhaps, he
needs to suffer the extreme hardship from your deportation (i.e. leave
him with the two children in the U.S.) before he'll understand that
this is a very important matter for him also, and may lead to his own
(constructive) deportation from the U.S. to live again with his wife
and reunite the children with their mother.

If you do one day get ordered deported, by an immigration judge who
denies the waiver of excludability and/or the underlying adjustment
application filed in the proceedings, you should also apply for
"voluntary departure" from the judge so that you are not formally
ordered removed and may apply for a visa again without the
complications of having been previously ordered removed. If you
accrued 1 year or more of unlawful presence by that time, you'll still
need to wait 10 years to return or need to file another I-601 extreme
hardship waiver to overcome that separate ground of inadmissibility,
but it might be easier to prove the hardship is extreme then, once the
U.S. citizens are experiencing it.

Good luck.
CP
 
Old Sep 17th 2002, 10:32 am
  #28  
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Default Re: Help-USC husband won't hear about INS!

Thank you so much Dear Chris...thank you from the bottom of my heart for all yr time and information...
I will try to look around for a lawyer with reasonable fees cause everyone is saying that I will need one for the court anyway...
Thank you again...thank you thank you thank youuuuuuuuuu
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Old Sep 17th 2002, 1:53 pm
  #29  
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Default Re: Help-USC husband won't hear about INS!

Originally posted by soniaa:
Thank you so much Dear Chris...thank you from the bottom of my heart for all yr time and information...
I will try to look around for a lawyer with reasonable fees cause everyone is saying that I will need one for the court anyway...
Thank you again...thank you thank you thank youuuuuuuuuu
Why don't you search the INS website for pro bono attorneys. They have a countrywide listing of attorneys who will accept clients for certain cases, ie deportation, for free.

Rete
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Old Sep 17th 2002, 4:00 pm
  #30  
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Default Re: Help-USC husband won't hear about INS!

Originally posted by Rete:


Why don't you search the INS website for pro bono attorneys. They have a countrywide listing of attorneys who will accept clients for certain cases, ie deportation, for free.

Rete
what's the web site please ???

I don't know but don't they say that a good lawyer is always expensive ? If they're free, does it mean they're not good ??
thank you so much for your reply though...it's so nice to see all these people out there willing to help )
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