Notice of hearing for I-290b appeal

[pollypocketz 0]

Hi guys-

So we began the process for AOS in January 2013. My husband has a complicated case. Here is the background:

My husband arrived here on a K-1 in 2000, married his fiancé within the time period, completed application and received green card. He and his wife divorced shortly after the receipt of his green card. His green card then expired and he's been here since.

We met in 2011 and married in 2012, hired an experienced immigration lawyer and began the AOS process. We had our interview on January 30th. The interview went smoothly and the immigration officer told us that he believed our marriage was legit and would be approving our application. The only item in question was his original green card. He explained that because my husband had basically fallen through the cracks and was never contacted by immigration regarding his divorce and his expired green card that he was unsure if the AOS would be going off of the original green card date, which he would then be eligible for PR status, OR if the AOS would be based on our marriage and he would then receive a new green card based on our marriage date. We received approval on the i130, but the i485 came back denied as my husband is considered a PR that failed to remove conditions, which leaves him hanging in a gray area. Our attorney filed an i290b in July 2014 and we finally received a notice of hearing date (attorney told us this was the most probably outcome and exactly where we need to be in order to either get his conditions removed from his expired GC, or for AOS based on our marriage). Also to add to our complicated situation, at denial of the 485, my husband had to surrender his work permit. He was diagnosed with a rare form of Leukemia in December. I am also pregnant with our first child who is due in July.

I'm waiting to hear from our attorney, but I wanted to see if anyone had any experience having been through an I-290b hearing. It sounds really scary on paper. When our attorney told us this would probably happen, it didnt sound as scary as the notice that came today did.

Is it possible that my husband could be deported at this hearing?

[Boiler 43,434]

To get deported is alooong process.

Obviously if he had removed conditions then all this would have been avoided.

As far as I know the only issue is if his original marriage was a scam.

[Hypnos 6,576]

I suspect the hearing will correctly confirm his I-485 denial, and he will probably then be placed in removal proceedings. He would then be able to file a late RoC application.

[pollypocketz 0]

It was def not a scam. He has most of the documents from his previous i485 (photos, statements from mutual friends etc). Our attorney wanted to file a late ROC, but suggested that we try to exhaust the route we already started on with the i485 from our marriage and the i290b.

[Hypnos 6,576]

Didn't say it was a scam, but I am saying I don't think it's procedurally possible to have a conditional green card, let it expire, then obtain a new one through a new I-485. I believe the proper course of action is a late I-751, which in the case of a divorce waiver can be filed up to any point before the alien is removed from the US.

For that reason I don't think your appeal will be successful; it looks like your attorney agrees.

Edited May 7, 2015 by Hypnos