How to reopen administratively closed case without a lawyer to Self-Deport

[badmin 0]

How to you get your current case which is administratively closed, reopened so my wife can self-deport and file the 601 outside the US. Without a lawyer.

Background

We started this journey a few years ago, my wife of 2 1/2 years unlawfully entered 15 years ago, our I-130 was approved in October 2015 and due to some bad advice from a lawyer sat at USCIS for 10 months. We have dumped the lawyer and got the approval sent to NVC and assigned us a case number on 8/9/16. Our next step is to file the 601A waiver, we feel we can prove the hardship (we know it's hard to do) but for multiple reasons (the most serious of which is my Kidney is at 27% and we want a simpler life) are planning to live outside of the US over the next 4-5 years. Not in her home country, but a country I have been planning on move to for sometime that we feel would be good to raise our soon to be born daughter.

So yes we will file the 601a (I have reviewed the steps carefully and understand the process and hopefully get some help to assure no mistakes are made) the issue is we are planning on leaving in March of 2017 just 7 months away and know the timeline is too tight to get the 601A approved, and NVC processing done. Of course if the 601A gets filed by end of Aug and approved in 4 months by Dec/Jan we could adjust the timeline.

We feel like the Self Deport and filing the 601 is the better option for us.

The actual question:

My wife has zero criminal or civil issues but had a case open for deportation, it is currently administratively closed. Since we are strongly considering just self deporting and filing the 601 vs 601A while out of the country, without a lawyer we are really confused on how to close her case or how that process works. Our thoughts is we have to file some type of motion with the court to reopen her case which is currently administratively closed, wait for a court date (which could take longer than 7 months) than request that she be allowed to self deport. This allows us to leave the US clean and file the 601 outside the US.

Any help or feedback is very appreciated.

[belinda63 3,038]

If you are planning to live outside the US for years there is no need to obtain a green card for her now which she will lose for not residing in the US. You won't have a successful waiver if you aren't planning on living in the US yourself. How will you prove she has to come live with you in the US and the two of you cannot live in another country together when that is exactly what you are planning on doing.

[badmin 0]

Thanks for your feedback - I sure many people understand that circumstances change, which is why we have the shift from filing the 601A to moving out of the country.

At this point I am simply trying to get some detail on how do you get your current case which is administratively closed, reopened so my wife can self-deport and file the 601 outside the US. Without a lawyer.

[aleful 1,905]

hi

there is no need to do anything, you continue the normal process of the petition and your wife just leaves the country

the process of the waiver is different out of the country than in country, you go through the whole spousal petition up to the interview, once she is denied at the interview, she will receive a letter with the answer and it will be checked with the waivers she can file if she qualifies

once you get that, you file the i601 waiver, payment and hardship letter with evidence to a lockbox in the US

I believe you are confused, to have the deportation administratively closed is a good thing, that means she has no deportation and won't need a waiver for deportation, she doesn't need to see a judge because she has no deportation, just illegal presence. now do you have the paperwork for that to prove to the officer that the deportation was indeed administratively closed? If the lawyer did that, then that was a good thing, he saved her from deportation

now as said, what we don't understand is if you are planning to live abroad, why go through all this if she will lose the GC by not living in the US, this is, if she can get the waiver approved?

there is hardly any chance of that happening if you move too, you not only have to prove the hardship of why she must live in the US, but also the reasons you can't live with her in any other country than the US

if you are living with her, not temporarily visiting for a certain amount of time, that defeats the purpose of the waiver, stating that you MUST live in the US and that you CAN'T live together elsewhere

[Boiler 45,657]

Sounds more like trying to avoid a 6B ban.

[badmin 0]

First thanks for the feedback all I know it's really hard to get a full sense of the details - She has been here in the US for 15 years, we have lived together for 6, and married for 2.

Not sure how to make it clearer but I am not confused, we know and requested the deportation case to be administratively closed so we could file the 601A after our I-130 was approved which was granted. We were on the normal path. During the 3 or so years since we started this process that time we endured several major life changes and feel it's just better for us to leave the US.

We are not trying to avoid anything, not even that familiar with the 6B Ban, but our goal is simply to have total control of our life - we get this by moving out of the country and not have a single day of stress over immigration status. We are 100% okay if she can't get to the US until many years down the road. It's somewhat time sensitive to my health issues so we are not willing to wait (of course we could file the 601A, delay the move but as mentioned you end up with residency issues) since moving for many other reasons is still the plan. We just simply want to assure the case is fully closed. She also posted bond (not a primary concern) but I am sure the case has to be formally closed vs administratively closed before that is released.

After a little more research it seems pretty clear we have to put a motion to the court to reopen the case, get a court date, then request self deportation, which would end the saga. She of course would get a ban, not positive if it's an auto 10 years or if there is lead-way when you self-deport, but so be it. So I simply was trying to get advice/conformation specifically on reopen the administratively closed case.

[Jawaree 718]

Put your I 130 on pause with NVC...they must be contacted annually from wherever to

keep that approved petition live & open by certified or emailing them is fine , then go where

you intend to...will she be able to go, will you have legal residency where you go.

When I comes to waiver tmie in the future you are expected to prove why she must live

with you in the US & why you cannot move to her country, or you both stay in the 3rd country

[badmin 0]

Great info Jawaree, I was so focused on the court part I totally forgot about NVC and making sure we don't lose that I-130 approval. Residency issues are worked out in our future destination out of the US. We will cross that bridge down the road, at this point coming to the US would be for visits, even 5+ years out as we are looking to raise our daughter out of the US.

[Boiler 45,657]

Chances of a visitir visa any time soon are slim to nil.

[badmin 0]

We are totally okay with that, although, if my wife of at that point which would be around 8 years with a 9 year old US citizen child can't find a path to the US it would just prove to me how broken the system truly is.

[Boiler 45,657]

We are totally okay with that, although, if my wife of at that point which would be around 8 years with a 9 year old US citizen child can't find a path to the US it would just prove to me how broken the system truly is.

Child needs to be 21 to petition a parent, and can not file a waiver, generally.

[badmin 0]

Thanks Boiler, I understand that, I was alluding to the fact that our marriage (which has already been approved in the I-130) would be longer and all the feedback I get is the older the child the better. Again thanks for all the feedback every little detail helps.

[Jawaree 718]

Ata plan dude, if you have to visit the states you & the kid will

be the one able to in that 9 yrs, see like if you restart I 130

then she would be looking to end whatever ban she'd have,

sounds like a plan to me

If Canada is the new destination & she has legal residency, there

is a long-shot option to file I 192 in an emergency to come over

some gets it approved others denied, also remember to touch base

every yr with nvc in a manner you can prove...good luck

[badmin 0]

Thanks Jawaree, the destination is Argentina, that could very well just be a final destination, but as with anything in life we would love the option to have my wife get back to the states, even for a visit to family down the road.

[Boiler 45,657]

A non immigrant visa is very unlikely.