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Filed: AOS (pnd) Country: Morocco
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Hi,

I am currently married to a US citizen and in deporation proceedings with a court date on july 29th. i am living in the USA. I had a lawyer representing me but two weeks prior to my court date he asked me for an additional $5000 to file my waiver which i don't have so i decided to go proper and file it myself.

The reason i am in deportation proceedings is because i had overstayed my visa 9 years ago. The last time i went to court, the judge said that so long as my I-130 was approved, to file an i-212 waiver to get dismissed from court and move forward with my i485 application.

1- Do you think it is doable for me to just file the i212 waiver myself since from what i understand i won't really need to be going back to court as long as i file it.

2- One attorney i consulted with said that my waiver is based on a hardship and that i might be able to file a "skeletal filing" at this point and then submit supporting documents, statements..... I am not really familiar with this process so i guess any information that i can get would be extremely helpful.

This whole process has cost me more than 20k so far and i don't have the cash to pay for more lawyers that will screw me over so my only choice is to move forward with it myself. If Anyone has gone through the same thing or has information about the process please share as much information as possible!

Thank you

Edited by joeusef
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Filed: AOS (pnd) Country: Morocco
Timeline

what have you filed so far? you said "the last time i went to court...." how many times have you been to court?

I have filed my i485 and i130. I have gone to court three times.

The first time requested more time to find proper representation.

The second time showed proof of marriage then the judge had questions about a past conviction ( if it was deportable or not). ASked us to bring more documents from criminal court

The third time, I submitted all documents with more details on the conviction and all parties agreed that it was not a deportable offense. Then we requested for release from court but the Trial attorney said that we still had to file an i212. The judge then proceeded to say that as long as my I130 was approved that i could file an i212 and not have to come back to court. My lawyer never did that and asked me for more $ last minute..

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Filed: K-1 Visa Country: Wales
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How does the I 212 apply? I thought that was for coming back after you had been deported.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: Mexico
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did you not qualify for cancellation of removal? you have a lot of missing information here but it sounds more complex than just an approved i-130 that was filed who knows when, and a denied i485 which i hope the same atty that you have was not the one that filed that for you after you had overstayed your visa, and some criminal charges that may or may not be minor, and for a judge to tell you that you only have to file an i-212 (without having to leave the US??) which is permission to reapply after removal/deportation is strange.

i am not sure how that can be filed without being removed first. however if you are only just looking for how to do an i212 alone, without an attorney, there are guides on immigrate2us.net. and the i-212 is not a simple form, you need evidence to send in with it and the wait is 4months to over a year, good luck.

my husband overstayed and was caught, he took voluntary departure, he went home, and i filed for him. he was then denied at his interview for previous overstay but able to file i601. i212 was not needed because he went home on his own, after the i601 was approved he got his visa and is now legal. from what it sounds like, you are not eligible to adjust here, you should try to get another legal opinion on your case though given your hearing is less than a week away. good luck




 


 

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Filed: Citizen (apr) Country: Iran
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Me thinks you are really confused. Or else the prosecutor is confused. Or maybe everyone is confused. I know I am.

The I-212 is permission to enter the US after being deported. The I-601 is a waiver for someone who has overstayed. If there is this much confusion already you really need an attorney to deal with this.

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Filed: K-1 Visa Country: Wales
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COR would be the very last option, if available.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Iran
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Since he is married to a US citizen the COR would be a last resort only. He needs to get his act together so he can AOS. Not sure what waiver or paperwork is being asked for by the immigration court. Usually they just give you X amount of time to file for AOS or show proof you are ready to file for AOS.

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