4 years for i-485 STILL WAITING, now REMOVAL??

[sixers7618 0]

Hi, I got married in July 2006 to a US Citizen and applied for a i-485 AOS. My lawyer is a reputable one but has issues with the interracial marriage and has not been very supportive we have stuck with him because he has handled our case for this long and while waiting and trying to tackle life in the U.S. Four years have gone by.

Quick overview: my i-130 was approved over a year ago. and then the biometrics were taken and then all we can do is wait. The lawyer suggested in 2009 to SUE the immigration court (and of course more money in his pocket) we decided to just wait it out.

Now on July 20 2010 we FINALLY recieved a letter and it was a Master Hearing for the removal process. It is based on something so small and makes no sense. Upon my entry to the U.S. (i was given a 5 year visa) BUT i understand that I have only 6 months to actually stay in the U.S. In my 4th month I got married to a U.S. citizen, and we hurried and TRIED to get our paperwork started. Well the first "lawyer" (more of a filing aid service) messed something up and the papers were returned back from USCIS with some kind of technical mistake on our end. Then we found the current lawyer and the paperwork was again filed actualy 6 months AFTER my U.S. "expired" (remember: i was married during my valid stay) SO my filing was done in March 2007.

SOOOOOO....the claim on the removal papers is I OVERSTAYED a period of roughly 6 months (While i was married and had originally tried to file in time but the packet was returned).

I AM CALLED into court in a few weeks and would like outside advice as to the severity of this. I know ppl overstay 2 years and its not a big deal. The other question is I WILL PROBABLY change my lawyer is this advisable. And lastly, will they question me on any other topics or just what is allegated toward me in the notice of statue 283:Overstay visa. Is it necessary for my husband to be there for the first master hearing, and my i-130 is approved already do we need to be ready for an eventual "INTERVIEW" as we had to do to obtain the i-130.

ANy help is greatly appreciated. THIS gov system has had me in the U.S. for 4 years married to a citizen and NO STATUS for myself...i'm starting to hit a wall mentally.

Thanks again.

[milimelo 4,205]

Moving to AOS from tourist visa as OP never had family-based immigrant visa.

[sixers7618 0]

We have been living together for the past 4 years, all of our docuents, lease, etc is joint and pics and witnesses are available. My bigger concern is should I change my lawyer and should i be prepared for anything besides what the court charged me with : OVERSTAY.??? Just so I am not blind sided by the court.

Also, PLEASE CORRECT THIS FOR ME if im wrong: does immigration NEED TO KNOW about my forms of relief applied for on the FIRST master hearing and can not file after the removal proceedings start?

[hellomms 16]

We have been living together for the past 4 years, all of our docuents, lease, etc is joint and pics and witnesses are available. My bigger concern is should I change my lawyer and should i be prepared for anything besides what the court charged me with : OVERSTAY.??? Just so I am not blind sided by the court.

Also, PLEASE CORRECT THIS FOR ME if im wrong: does immigration NEED TO KNOW about my forms of relief applied for on the FIRST master hearing and can not file after the removal proceedings start?

What makes you think that your lawyer does not support interracial marriages? If you really believe that then you should have left him long time ago, the second you sensed this.

Though I am not familiar with the overstays but by reading immigration forums I think that overstaying a few months should not be huge problem. And given that you have gotten rejection on AOS enforces the fact that your lawyer didn't do his job! I would consult with a good lawyer, probably through some reference (here or some other forum/community). Pay him and present your case and see what he has to say on how you should proceed. Do some research and if his advice makes sense, leave your lawyer.

[USUY2010 4]

Hi there. I haven't got much experience with all this, I've just started my own process, but I would suggest you to change your lawyer if you do not feel like they're doing their job. What's the point of paying for a service that you're not receiving? Maybe some other lawyer can help you much more than this one has done.

Just make sure to inform yourself about the process, ask your lawyer questions so when you have this interview you're confident.

I'm not sure you both have to be there, but even if you didn't I think it'd look better if you went together.

Last, I have also heard that overstay is pardoned by the fact of being married to a USC, so I don't really understand their accusation.

I wish you the best. And hopefully someone else will come along with more useful info!

[JimVaPhuong 4,863]

Your lawyer has severely fumbled your case. Fire him immediately.

The overstay is irrelevant for an immediate relative of a US citizen. They will not deny AOS for this reason. Something else happened. It may have been due to a screw up by your attorney, and he didn't want to tell you about it. If you have been summoned to a master hearing then your AOS application was either not properly filed, or was filed and denied, or was filed after removal proceedings were initiated.

Get a different lawyer. Have him obtain all of the records to determine what happened and how you ended up in this predicament. If an AOS application was submitted and denied then you may have a chance to file a motion to have it reopened, but the window is only 30 days. If the motion is filed after this then it can be denied because of untimely filing. Hopefully, your lawyer didn't botch that as well.

[sciencenerd 56]

Definitely get a different lawyer. Your overstay shouldn't matter at all for this. Honestly, upon hearing your story, I think the hearing is probably a good thing. With a decent lawyer, it will be an opportunity for you to get all the facts out there and settle this. Unless there is something you're leaving out, this seems like a pretty straightforward case.

[JimVaPhuong 4,863]

Definitely get a different lawyer. Your overstay shouldn't matter at all for this. Honestly, upon hearing your story, I think the hearing is probably a good thing. With a decent lawyer, it will be an opportunity for you to get all the facts out there and settle this. Unless there is something you're leaving out, this seems like a pretty straightforward case.

I generally agree with everything you've said, except in this case I don't think the hearing is a good thing. It's a master hearing for deportation.

[Kathryn41 3,205]

Post reaching a conclusion not based upon the evidence and thus resulting in a personal attack in violation of TOS, plus two posts quoting same have been removed. Acceptable parts of the removed posts quoting the removed comments are returned below:

ValerieA: How, in any way shape or form, did this address the OP's questions? It did NOT, and is simply a biased opinion based on no facts. It does not help the OP to say "Oh, you should have done this" when, as far as I know, no one has invented a time travel device yet. Additionally, it is perfectly acceptable to adjust status from a B1/B2 visa. The OP has done nothing wrong except perhaps choose the wrong lawyer.

mathranik: I don't think, personally, that this is what the thought-process of immigration office is. I came here on B1/B2 visa and got married in US to a US citizen. She filed for my i-130 and AOS today, after talking to a lot of people. A lot of people have been through the same scenario and got through the immigration process. There are a lot of other factors too, that may hamper a case.

Edited August 4, 2010 by Kathryn41

[Heart-Broken 1]

Hi, I got married in July 2006 to a US Citizen and applied for a i-485 AOS. My lawyer is a reputable one but has issues with the interracial marriage and has not been very supportive we have stuck with him because he has handled our case for this long and while waiting and trying to tackle life in the U.S. Four years have gone by.

Quick overview: my i-130 was approved over a year ago. and then the biometrics were taken and then all we can do is wait. The lawyer suggested in 2009 to SUE the immigration court (and of course more money in his pocket) we decided to just wait it out.

Now on July 20 2010 we FINALLY recieved a letter and it was a Master Hearing for the removal process. It is based on something so small and makes no sense. Upon my entry to the U.S. (i was given a 5 year visa) BUT i understand that I have only 6 months to actually stay in the U.S. In my 4th month I got married to a U.S. citizen, and we hurried and TRIED to get our paperwork started. Well the first "lawyer" (more of a filing aid service) messed something up and the papers were returned back from USCIS with some kind of technical mistake on our end. Then we found the current lawyer and the paperwork was again filed actualy 6 months AFTER my U.S. "expired" (remember: i was married during my valid stay) SO my filing was done in March 2007.

SOOOOOO....the claim on the removal papers is I OVERSTAYED a period of roughly 6 months (While i was married and had originally tried to file in time but the packet was returned).

I AM CALLED into court in a few weeks and would like outside advice as to the severity of this. I know ppl overstay 2 years and its not a big deal. The other question is I WILL PROBABLY change my lawyer is this advisable. And lastly, will they question me on any other topics or just what is allegated toward me in the notice of statue 283:Overstay visa. Is it necessary for my husband to be there for the first master hearing, and my i-130 is approved already do we need to be ready for an eventual "INTERVIEW" as we had to do to obtain the i-130.

ANy help is greatly appreciated. THIS gov system has had me in the U.S. for 4 years married to a citizen and NO STATUS for myself...i'm starting to hit a wall mentally.

Thanks again.

Hi! Im K-1 Visa arrived Feb. 2010 here in US just married April 2010 to my US Citizens fiancee here in US

Coz K -1 Visa have only 90days to marry here in US upon departure

Even our visa is valid for 6months

Were on going process now our papers for I- 485 adjustment of status

We dont need lawyer ...were doing by ourselves to comply all documents

Im Curious your situations

You are now 4years here in US but not yet Greencard for 2years ?

You stated above that :

Upon my entry to the U.S. (i was given a 5 year visa)= what kind of your visa when you arrived in US ?

Hi, I got married in July 2006 to a US Citizen and applied for a i-485 AOS. = where you got married ? US or your country ?

BUT i understand that I have only 6 months to actually stay in the U.S = yes valid of our visa

In my 4th month I got married to a U.S. citizen,= you dont know that we have 90days to get married in US ?

When you arrived in US, the immigration check your papers ?

Coz after the officer check our papers in our departure record they put a stamp about the 90days to marry, did they inform you that matter ?

Then if your K-1 Visa , did you see your passport Departure Record form I-194 ?

Its stated that we have 90days to marry in US.

Im sorry if im not helping your situations

Or giving somes idea but i would like to know to get somes information.

God Bless .....

[USUY2010 4]

Hey kiddy, this person entered with a B1/B2 visa, which is a visitor's visa. He didn't have the K1, therefore he didn't need to get married in 90 days. That doesn't apply to this case.

[sixers7618 0]

Does anyone know if I am still eligible to file for asylum, and must it be done on the first master hearing?

[JimVaPhuong 4,863]

Does anyone know if I am still eligible to file for asylum, and must it be done on the first master hearing?

No, not likely.

First, you can't make an affirmative application because you're already in removal proceedings. This means any application would have to be made to the immigration judge. If the judge accepts your application (more on that in a moment) then you will get a hearing on the application, and the judge will likely issue a decision on the spot. Don't even make the request unless you have your evidence ready to present. The judge could order the hearing the same day.

The Immigration Act of 1996 established a cutoff on asylum applications - they have to be made within one year of entering the US. An exception is if you can prove that the situation in your home country that you are requesting asylum from is a recent development, and did not exist during the one year period when you were eligible to submit an affirmative application. For example, if Al Qaeda recently issued a fatwa on your life then you might have a pretty good shot. Unless you have a very strong reason for not submitting an asylum application within one year of entering the US, the judge won't accept your application.

Be very careful with submitting an asylum application. If DHS determines you've filed a frivolous application then the application will not only be denied, but you'll be permanently ineligible for ANY immigration benefit.

[Leigh Ann 8]

No, not likely.

First, you can't make an affirmative application because you're already in removal proceedings. This means any application would have to be made to the immigration judge. If the judge accepts your application (more on that in a moment) then you will get a hearing on the application, and the judge will likely issue a decision on the spot. Don't even make the request unless you have your evidence ready to present. The judge could order the hearing the same day.

The Immigration Act of 1996 established a cutoff on asylum applications - they have to be made within one year of entering the US. An exception is if you can prove that the situation in your home country that you are requesting asylum from is a recent development, and did not exist during the one year period when you were eligible to submit an affirmative application. For example, if Al Qaeda recently issued a fatwa on your life then you might have a pretty good shot. Unless you have a very strong reason for not submitting an asylum application within one year of entering the US, the judge won't accept your application.

Be very careful with submitting an asylum application. If DHS determines you've filed a frivolous application then the application will not only be denied, but you'll be permanently ineligible for ANY immigration benefit.

I don't want to encourage a false application for asylum, but just a note - there are two exceptions to the one year filing deadline. There's the changed circumstances exception that you mentioned, but you can also ask that the one year bar be waived if there are "extraordinary circumstances" that prevented the person from applying for asylum within the one year timeline. They're both in INA §208(a)(2)(D). I've worked on a couple of those cases, and the judge has waived it, for issues like not speaking English, being terrified of the government because of prior experiences with the home government, being a member of an "underground" community, etc. So, there's another option, although it's far from clear if the OP qualifies.

If you have a serious asylum claim, you should speak to an attorney who works in the field and who can tell you what your options are. You can file a defensive claim for asylum (since you're already in deportation proceedings), and the judge should (in my opinion) allow you to present your claim at a individual hearing--not the master calendar hearing. You should definitely NOT try to file an asylum claim without legal assistance. The denial rates for people who don't have representation vs. those that do is astounding.

But please, do not file a frivolous claim just to be able to stay in the country. In addition to your own immigration benefits being put in danger, every false claim makes it significantly more difficult for people who have real asylum claims to win their cases, and their lives are actually in danger.

[sixers7618 0]

Thanks everyone for your help.

i read up on the law of 1 year for asylum.

I would have to file a defensive asylum. Before I camt to eh U.S. I was married to a muslim in Pakistan too and then was granted a vistior visa to london where i stay on and off 1 year and visted 3 times. Then I came to U.S. I was exposed to western culture and wanted my life to be that way. I learned english well While in the U.S. and have had many restaurant Job opportunites. I have a future here with my husband. My husband is chritian and once my ex husband found out I was married here a radical group killed him in Pakistan. If i go back I will be killed 100% or tortured. I didnt file in the one year thinking since our marriage is real and we live toghether and are soon planning kids that its legitimacy would shine through. We both have a squeeky clean record in the U.S. The only proof i can get is that my ex-husband was murdered, i have recieved one or two calls in my early days (3 years back) of death threats but thats tough to prove. My case is just that. Theres nothing more I can prove. ANy toughts?