HELP PLEASE

[chezzy 2]

hi my name is chezzy and this is my story came here illegal across the the border in

2000 got married 2007 got a 5 years old now with my husband send in paper 2008 got

denied was in removal procedure but the judge aprove my case my lawyer file back

again got my work permit went to interview again and now get denied for the same

thing again they i say i was a usc but it was the same thin i went to court for the first

time , got aprove now my lawyer say court again . am so confused

[katiemanny 64]

hi my name is chezzy and this is my story came here illegal across the the border in

2000 got married 2007 got a 5 years old now with my husband send in paper 2008 got

denied was in removal procedure but the judge aprove my case my lawyer file back

again got my work permit went to interview again and now get denied for the same

thing again they i say i was a usc but it was the same thin i went to court for the first

time , got aprove now my lawyer say court again . am so confused

How come your lawyer didn't inform you that you cannot adjust status since you entered illegally without inspection, you said you were a USC, can you be a little more specific.

[HeatDeath 430]

There are three unforgivable sins, as far as USCIS are concerned - three things you can do which will earn you a permanent ban from immigrating legally to the US. These are material misrepresentation, entering without inspection, and fraudulently representing yourself as a US citizen. USCIS appear to believe that you have done at least two of these. If you are to have any hope of winning a green card, your lawyer will have to convince USCIS and/or an immigration judge that you are innocent of each of these three charges.

USCIS is saying that at some point you claimed to be a US citizen. If you did this on paper, and they have a copy of that paper, you may be sunk, and your lawyer may just be stringing you along for money. Fraudulently claiming to be a US citizen is generally game over for legal immigration, if they can prove it. You should probably get a consultation with another lawyer or two and get a second opinion.

If I understand you correctly, you are saying you now have proof that you did not claim to be a US citizen. If that is that case, that is very good, but your lawyer is right, you still have to go to immigration court at least one more time to overturn this most recent denial.

The representation [correct or otherwise] as a US citizen is one of your problems. The entry without inspection [if it is entry without inspection, as opposed to material misrepresentation at the border] is the other. I don't know if there is anything your lawyer can do to overturn that.

You are in a very tough situation, and depending on what documentation USCIS have, it may be impossible for your lawyer to get you a green card. If you don't understand exactly what your lawyer is doing, and what the likelihood of his strategy working is, then as I said, I would strongly recommend consulting with a couple of other lawyers to get a second or third opinion as to your realistic chances. There are some things even a lawyer can't fix, and there's no sense pouring good money after bad if this is one of them.

If you didn't know about it, there is another immigration website called immigrate2us.net. It specializes more in these sorts of difficult legal situations, and you will probably be able to get more specific, informed advice there from, both from lawyers and from people in similar situations.

[chezzy 2]

the thing is when i go back to court if i get aprove the judge say i can

file again then usics gonna denied me again just like the first time.

am confused. what if the judge aprove me an they denied me again?

How come your lawyer didn't inform you that you cannot adjust status since you entered illegally without inspection, you said you were a USC, can you be a little more specific.

we when to court and the judge say we can

[katiemanny 64]

the thing is when i go back to court if i get aprove the judge say i can

file again then usics gonna denied me again just like the first time.

am confused. what if the judge aprove me an they denied me again?

we when to court and the judge say we can

The Judge doesnt approve Green Card, only USCIS does, and if you want to fight USCIS to the point where they gotta approve you, then I highly suggest you consult with at least 2 different well known immigration Attorney and that wont be cheap.

Jim where are you?

Edited March 17, 2011 by katiemanny

[HeatDeath 430]

USCIS cannot simply ignore the judge's ruling or finding of fact, so they won't be able to deny you for precisely the same reason. But they probably can deny you for a slightly different reason. And there's nothing you can do about that, unfortunately, besides keep going to court and having a judge, case by case, appeal by appeal, slowly knock down all of their reasons for denial, one at a time, until they don't have any anymore. It just takes time, patience, persistence, and significant amounts of money.

Edited March 17, 2011 by HeatDeath

[chezzy 2]

USCIS cannot simply ignore the judge's ruling or finding of fact, so they won't be able to deny you for precisely the same reason. But they probably can deny you for a slightly different reason. And there's nothing you can do about that, unfortunately, besides keep going to court and having a judge, case by case, appeal by appeal, slowly knock down all of their reasons for denial, one at a time, until they don't have any anymore. It just takes time, patience, persistence, and significant amounts of money.

the ting is the same thing am going back for was the same thing i went for the first time .

so it seem like the judge have no power. the laywer say he gonna try make the judge aprove

everthing there, thats wat he says

[katiemanny 64]

USCIS cannot simply ignore the judge's ruling or finding of fact, so they won't be able to deny you for precisely the same reason. But they probably can deny you for a slightly different reason. And there's nothing you can do about that, unfortunately, besides keep going to court and having a judge, case by case, appeal by appeal, slowly knock down all of their reasons for denial, one at a time, until they don't have any anymore. It just takes time, patience, persistence, and significant amounts of money.

Immigrant who entered the US illegally without inspection after 2001, are not allowed to adjust status, usually they are required to go back to their home country and wait 10 years ban or file a waiver of extreme hardship to overcome the ban.

now the OP stated that the Court and Judge said she can adjust status, so I believe everyone who entered here without inspection can adjust also with the help of an Immigration Attorney. Am I right!

Edited March 17, 2011 by katiemanny

[HeatDeath 430]

the ting is the same thing am going back for was the same thing i went for the first time .

so it seem like the judge have no power. the laywer say he gonna try make the judge aprove

everthing there, thats wat he says

Shrug. It might work. Or he could ask the judge to find USCIS in contempt for ignoring the previous ruling (if that's what they did). Or he could ask the judge to include a comprehensive finding of fact that specifically and preemptively blocks any reasonable cause for denial USCIS are likely to come up with next. I don't know, since I don't know any of the details of your case and your lawyer is probably simplifying a lot of the technicalities when he explains them to you.

There's a bunch of different things your lawyer could try, and he knows far better than anyone here what his options are and what is most likely to work. But it sounds like he's doing something productive and may be roughly on the right track.

[HeatDeath 430]

Immigrant who entered the US illegally without inspection after 2001, are not allowed to adjust status, usually they are required to go back to their home country and wait 10 years ban or file a waiver of extreme hardship to overcome the ban.

now the OP stated that the Court and Judge said she can adjust status, so I believe everyone who entered here without inspection can adjust also with the help of an Immigration Attorney. Am I right!

We don't know what his lawyer is doing. It may be that his lawyer is trying to get the judge to agree [and enforce the finding of fact to USCIS] that the OP has a legitimate extreme hardship waiver. At any rate, it sounds like the OP is in the process of fighting a hugely expensive, uphill, years-long legal battle where the outcome is still far from certain, and from the sounds of it, isn't even going that well at the moment.

So no, I don't think we can conclude from this incident that the doors have been flung wide open to anybody who can swim the Rio and pay enough money to send an immigration attorney's kid to a nice college [not that that combination is terribly common, anyways!].

[Krikit 1,164]

I'm going to move your thread from the AOS Process forum to Effects of Major Changes. (You are not adjusting from a family-based visa, nor any visa.)

[belinda63 3,039]

If I am reading this correctly the Judge was in regards to the deportation case and had nothing to do with an appeal of a denial of AOS. Sounds like what might have happened is the Judge heard "married to US citizen", "filed for AOS" and said ok, I am dismissing/remanding the case pending the AOS decision.

Now since the AOS was denied (again) she has to go back to immigration court regarding the deportation? I think I am reading this correctly.

No way I know of for her to adjust from inside the US. She entered without inspection and sounds like a claim (true or not) of pretending to be a USC at some point in time.

I would really consult with your attorney and get the details of what is going on with this case instead of just continuing to give him/her money with almost no hope of a green card.

[chezzy 2]

Sounds like what might have happened is the Judge heard "married to US citizen", "filed for AOS" and said ok, I am dismissing/remanding the case pending the AOS decision.

my case was send to court the first because of that, what you thing the judge is stupid he know the whole case

and he dissmissed it and now for the same thing again

[belinda63 3,039]

It matters whether the judge was presiding over a deportation case or an appeal of your denial of AOS. Currently if you are married to a US citizen the DEPORTATION judge will delay the case to allow time for you to file for AOS and if successful the deportation case will be dismissed (a generality, not 100% always).The judge for the deportation case has NOTHING to do with your AOS case. He cannot decide if the denial was proper or not, he can only order you deported, delay the hearing, or dismiss the deportation case.

A judge presiding over an appeal of a denial of AOS would rule whether there was sufficient cause to deny the AOS and either order it to be reviewed or uphold the denial.

Two different types of court, two different judges. I am confused when you say judge and court whether you are refering to the deportation case or an appeal of the denial for the AOS.

You have almost no chance of being able to adjust status from within the US. Again I advise you consult with your attorney and obtain specifics about his plan for obtaining you a green card.

[HeatDeath 430]

I'm inclined to agree. Your lawyer should be able to lay out for you, in simple, easy to understand terms, what the current step is, what the possible outcomes are, the relative likelihoods of each outcome, and the contingencies - the what-are-we-doing-nexts - for each of those outcomes, 5, 6, even 10 steps ahead, and lay out not just one possible path, but all possible paths that result in you getting a green card.

If your lawyer cannot or will not do this, you need another lawyer.

Edited March 17, 2011 by HeatDeath