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

[Leigh Ann 8]

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?

Get an attorney. To get asylum status, you have to prove that you were persecuted on account of your religion, race, nationality, political opinion, or membership in a particular social group (there is law re: which group will count). You may possibly have a claim for asylum on the religion grounds (if you're saying you'll be killed because you married a Christian person, but it's unclear why your ex was killed and what that has to do with anything), but you need someone to work through your case with you closely and carefully. If you're in Connecticut, look for legal aid groups that can help you for free, if you can't afford an attorney.

I've worked with asylum applicants before, and the best thing I can advise you is to get an attorney. This is not like the AOS where you just file forms. You have to make a persuasive argument grounded in the law that should be protected, and this is incredibly difficult to do without an attorney.

[sixers7618 0]

SO HERE"S WHAT HAPPENED TO MY CASE. my husband and i had issues and he went and either "stopped" or "abandoned" or something to my case where the lawyer said "i had written instructions from the petitioner (my husband) to stop the case. Currently we are OK and both ready to work things out with our realtion. WELL i have a first court date as I AM ILLEGAL DUE to the fact the i-485 was stopped or abandoned. My question is that...WHERE CAN i get that info of what paper was given to Immigration and what it said...Im sure it will come up in court I would like to obtain it myself...I DONT want to summon another lawyer to grab the file and I DONT want to go back to the old lawyer and ask him. Is there some way i can retain a copy from immigration??? or any other ideas.

WELL he is now refiling with me and we loose more money but is my i-130 still valid? or do we go through the whole process and I assume another year.

[juliava 80]

Your case seems to be a complicated one and I don't think you will find someone here giving you a complete and valid answer to your questions/issues. You need a very good immigration lawyer, specialised in your specific issues. Good luck.

[JimVaPhuong 4,863]

SO HERE"S WHAT HAPPENED TO MY CASE. my husband and i had issues and he went and either "stopped" or "abandoned" or something to my case where the lawyer said "i had written instructions from the petitioner (my husband) to stop the case. Currently we are OK and both ready to work things out with our realtion. WELL i have a first court date as I AM ILLEGAL DUE to the fact the i-485 was stopped or abandoned. My question is that...WHERE CAN i get that info of what paper was given to Immigration and what it said...Im sure it will come up in court I would like to obtain it myself...I DONT want to summon another lawyer to grab the file and I DONT want to go back to the old lawyer and ask him. Is there some way i can retain a copy from immigration??? or any other ideas.

WELL he is now refiling with me and we loose more money but is my i-130 still valid? or do we go through the whole process and I assume another year.

The I-130 by itself is useless for allowing you to remain in the US. The I-130 is an immigrant visa petition. An approved I-130 just establishes that an immigrant visa is available to you as the spouse of a US citizen.

At this point, I don't think it's relevant what exactly happened to the I-485. Technically, your husband can't withdraw, stop, or cancel the I-485. He didn't file it - you did. What he CAN do is withdraw the affidavit of support, and that's probably what happened. Without an approvable I-485 submitted to USCIS, you have no basis to adjust status.

There are three simple requirements to adjust status:

1. You have to apply for it.

2. You have to be eligible for an immigrant visa.

3. There has to be an immigrant visa immediately available for you.

The I-130 establishes that #3 is true. You do medical tests and answer security questions to establish that #2 is true. However, since the I-485 was terminated, #1 is no longer true. That's why you are in removal proceedings.

Unless there's more to this story that you haven't shared yet, I think you need to get together with your husband and attorney and submit another I-485 packet immediately. You can ask the immigration judge to stay the hearings while your AOS application is being adjudicated.

I'm sorry this is happening to you, but you really can't pin the blame on USCIS or your attorney. Your husband pulled the plug on your AOS application, and that's what ultimately got you into this predicament. Good luck!