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Bassisto

14 years after i130 approved and immigration judge dismissed deportation process

By Bassisto in Effects of Major Family Changes on Immigration Benefits

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Crazy Cat Grand Master

Crazy Cat   45,239

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, appleblossom said:

 

An approved I-130 gives you no right to stay, and you have no basis for adjustment, so any previous dismissal isn't relevant - you are absolutely at risk of deportation right now. 

Agree.  ICE could grab OP at any time.  and submitting an improper I-485 could put him on their radar.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Lemonslice
Lemonslice

It is unfortunate that your lawyer(s?) were not honest, but the responsibility was yours to finish the process/adjust status in a timely manner.  1988 to 2010 is 22 years, and now 15 years since 2010

Lil bear
Lil bear

That just being legally married is not the only requiremrnt. You must have documented evidence that the marriage is  an active ongoing marital union. Living apart, paying child support, and “ Getting

milimelo
milimelo

Won't work - overstay is not forgiven in employment based cases AND you'd have to interview at an embassy overseas - that plus you will get a ban for 10 years.    Your only option is the USC

Bassisto Rookie

Bassisto   0

Posted
Filed: Other Country: Yugoslavia
 Timeline
  • Author
Posted
3 hours ago, Dashinka said:

How long have you been legally separated?  I agree with the others, the basis for AOS is no longer there, but I suppose you can always try.

Never got ligaly separated never signed any document

 

Crazy Cat Grand Master

Crazy Cat   45,239

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, Bassisto said:

Never got ligaly separated never signed any document

 

Irrelevant.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

appleblossom Mentor

appleblossom   4,860

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted (edited)
5 minutes ago, Bassisto said:

Never got ligaly separated never signed any document

 

 

You don't need to. 

 

It sounds like you are absolutely separated from what you've said, it's not a legitimate marriage any longer, and to try and apply for AoS based on it would be fraud.

 

Unless you have just not explained it very well. Do you have a joint bank account? Is your name on your wife's lease/mortgage (or vice versa)? Are you a dependent on her health insurance (or vice versa)? Are you on her car insurance (or vice versa)? Are utility bills in joint names? Have you been filing taxes as married? 

Edited by appleblossom
Bassisto Rookie

Bassisto   0

Posted
Filed: Other Country: Yugoslavia
 Timeline
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Posted
14 minutes ago, appleblossom said:

 

You don't need to. 

 

It sounds like you are absolutely separated from what you've said, it's not a legitimate marriage any longer, and to try and apply for AoS based on it would be fraud.

 

Unless you have just not explained it very well. Do you have a joint bank account? Is your name on your wife's lease/mortgage (or vice versa)? Are you a dependent on her health insurance (or vice versa)? Are you on her car insurance (or vice versa)? Are utility bills in joint names? Have you been filing taxes as married? 

 

14 minutes ago, appleblossom said:

 

You don't need to. 

 

It sounds like you are absolutely separated from what you've said, it's not a legitimate marriage any longer, and to try and apply for AoS based on it would be fraud.

 

Unless you have just not explained it very well. Do you have a joint bank account? Is your name on your wife's lease/mortgage (or vice versa)? Are you a dependent on her health insurance (or vice versa)? Are you on her car insurance (or vice versa)? Are utility bills in joint names? Have you been filing taxes as married? 

Non of above . i just apy child suport and pay her mobil phone  and send her money .

 

17 minutes ago, Lil bear said:

My thoughts exactly 

yes thats what im thinking ..

appleblossom Mentor

appleblossom   4,860

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
Just now, Bassisto said:

 

Non of above . i just apy child suport and pay her mobil phone  and send her money .

 

 

Right, and as I said above you paying child support and alimony is even more evidence that you're separated. 

 

So no, you can't use the marriage to try and adjust, you need to find another option. If you are genuinely stateless (although you say you've had a Serbian passport above, so that seems to contradict that?) then you could explore some kind of refugee status with a really good lawyer. If not, then work, or waiting 8 years or so to get a green card via your child, seem to be the only options, but neither are going to mean you can stay now so you need to get your statelessness/citizenship sorted asap. There are charities that can help with that side of things, for example - https://www.unhcr.org/us/about-unhcr/who-we-protect/stateless-people

 

Best of luck. 

appleblossom Mentor

appleblossom   4,860

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
4 minutes ago, Bassisto said:

what if  my friend who have big company sponsors me ??

 

I've asked above, what do you currently do for a job? Is it relevant to your friend's company? You still can't adjust, as you have to be in the US legally to do so for employment based adjustment.

 

Boiler Grand Master

Boiler   47,879

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

Can’t imagine he has maintained status for 38 years

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Demise Proficient

Demise   1,455

Posted
Filed: AOS (apr) Timeline
Posted
46 minutes ago, Bassisto said:

what if  my friend who have big company sponsors me ??

Not an option unless someone petitioned you, or a parent (and you were under 21 and unmarried at the time), or a spouse, before April 30, 2001 (also known as 245(i)). 

 

Like the thing about overstaying is that immediate relatives of US Citizens (that is spouses, parents, and unmarried children under 21) generally can adjust status despite that.

In most other categories that prevents you from being able to AOS. Can't really leave to do consular processing either because you'll catch a 10 year ban. Maybe if you have a USC or LPR parent I-601A would be an option, but as is either you'd need to get back together with your wife or wait until your daughter turns 21. 

 .

Boiler Grand Master

Boiler   47,879

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)

OP is Stateless and has no Passport so how would he consulate interview?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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

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