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myvis

?★ Deported for aggravated felony, living here on a CAT. Now Im told I can apply for 212(h) in 7th circuit. Is this true?

By myvis in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Sandra G. Veteran

Sandra G.   5,109

Posted
Filed: Other Country: Brazil
 Timeline
Posted (edited)

If you were NOT admitted as an LPR, but adjusted your status after your admission then you are eligible to seek a discretionary waiver of inadmissibility based on hardship. If you were admitted in the USA as an LPR you do not qualify for the waiver, but if you got your GC after you entered in the USA then you are good!. The case of Matinez V.Mukasey is very clear about this matter .Find not a good attorney, but a GREAT attorney.

Edited by sandranj
Maritah Enthusiast

Maritah   102

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Hire a lawyer, do not waste time.

Good luck!

M.

 

 

May/29/2024 -- N-400 submitted online.

May/29/2024 -- NOA 1 released online.

May/29/2024 -- Biometrics Reuse letter released online. 

Jun/03/2024 -- Received the Biometrics Reuse letter in our mailbox at home.

July/21/2024 -- We got an email with the notice that the N-400 interview was scheduled. 

July 26/2024-- We received the physical letter with the notice that the N-400 interview was scheduled.

Sep/05/2024 -- N-400 Interview (passed!)

Sep/05/2024 -- Oath Ceremony will be scheduled. 

Sep/06/2024 -- We got an email with the notice that the Oath Ceremony was scheduled. 

Sep/17/2024 -- We received the physical letter with the info about the Oath Ceremony. 

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Oct/03/2024 --  We received the physical letter from SSA with the updated SSN card. 

Oct/15/2024 --  We received the physical letter from  NC DMV with my NC Real ID card. 

 

C8787 Apprentice

C8787   2

Posted
Filed: K-1 Visa Country: Colombia
 Timeline
Posted

If you were NOT admitted as an LPR, but adjusted your status after your admission then you are eligible to seek a discretionary waiver of inadmissibility based on hardship. If you were admitted in the USA as an LPR you do not qualify for the waiver, but if you got your GC after you entered in the USA then you are good!. The case of Matinez V.Mukasey is very clear about this matter .Find not a good attorney, but a GREAT attorney.

THIS.

Your case seems complicated and relying on internet input from a DIY forum is risky. Understanding that you're trying to be cost effective and are looking for a guarantee, you should consider investing in an experience attorney to CONSULT your case. Sure, this might cost you a couple hundred dollars (at most), but it's your best chance.

Laurel Scott in Houston is rather experienced in waivers and offers phone consultations for $375. Waivers are not ever guaranteed, as hardship is discretionary, and the packets are complicated to prepare. Under no circumstances should you attempt to prepare this yourself!

Please head the advice of the many responses to your question and hire an attorney.

Side note:

Any attorney that guarantees your chances is not a good attorney.... don't look for that as an indicator of potential success in your case.

myvis Newbie

myvis   0

Posted
Filed: Other Timeline
  • Author
Posted

Yea when we moved here my status was a "refugee", but we were allowed to get a green card I think after 5 years which we did so I definitely adjusted my status to GC while here.

I don't think it would be hard to establish hardship if my lawyer can apply for 212(h). To win C.A.T. my previous lawyer already established that if US deported me that it is more likely then not that I would be tortured or killed. What do you think that would do to my Mom, Dad, and younger brother who are all citizens and do not plan to move out of this country ever. If that doesn't qualify for hardship I don't know what would, but I do understand that it is still their decision.

Wouldn't I need to find an immigration lawyer from here? Wouldn't they have to go to court here downtown Chicago since I got in trouble here in the 7th circuit?

TBoneTX Grand Master

TBoneTX   48,431

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Immigration law is Federal, meaning that you can obtain qualified advice from anywhere in the U.S.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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