501jeans

I have just been given a notice to appear to immigration court for removal proceedings. I missed the interview associated with the I-751. I moved and forgot to update my address so the notice was probably sent to my old address. And so I never knew about the interview and missed it and apparently this is grounds for deportation.

I am still legally married to a US citizen and I recently gave birth to a US citizen baby girl and I have been trying to figure out what I can do. I have been reading different strategies for relief from removal. I read about applying for adjustment of Status and I had some questions about this.

I already went through an adjustment of status previously. I was here on a student visa I got married and filled out the I-130 and I-485 and all the other documents associated with the adjustment of status for marriage to a US citizen.

So what do I need to do to apply for adjustment of status again? Do I fill out the I-130 and I-485 again? Do I file them with the immigration judge or USCIS?

I also read about the extreme hardship waiver for Conditional Permanent Residents, this is the only waiver that I think I might qualify for. It sounds like this is usually used for filling of the I-751 but it appears that it might also apply to persons who failed to comply with the interview. Does anybody know what it takes to get this waiver approved?

Any advice or information will be greatly appreciated.

ian-mstm

If your I-751 was denied (for whatever reason), you ceased to be a PR as of the date your GC expired... and became immediately removable. I'll also add here that you were required, by law, to file a change of address... although that's probably minor now compared to what you're facing.


In all your research and stuff, have you considered consulting an immigration attorney?


You are already in removal proceedings... you can't simply make that go away.


Generally, hardship waivers must demonstrate hardship to the US citizen. Unfortunately, not being able to live with your spouse is not grounds for granting the waiver... and, generally, you can not derive immigration benefit solely as the mother of a US citizen.

Talk to an immigration attorney with experience in removal proceedings... it's your best course of action right now.

Ian

Rete

A consultation is a MUST at this point. I know that the IJ has the power to dismiss the removal charge and can grant you residency status. You can also start new adjustment of status proceedings but you can't ignore the court date for removal.

Not only were you required to report your new address within 10 days by filing form AR-11 your spouse as the USC needed to report their new address via form I-865.

If you can't afford an attorney, find a clinic in your area that assists immigrants. Many large cities have them attached to their city halls. There is also Catholic Charities.

Whatever you do, do not miss the court date.