JAYKE

I think I can give you some advice on this matter. I submitted a joint motion to reopen with the DHS that has jurisdiction of my case without success. It is very true that getting the DHS to join in the motion to reopen is extremely difficult. Without going too deeply into my immigration history, I will just tell you that I had very favorable factors and almost no adverse factors, having brought to the US as a minor on a valid VISA, having a natural born USC husband, an approved I-130 petition (after a stokes interview), no criminal record, being a graduate student, a record of having paid tax for over ten years, etc.. My only fault was that by the time I became eligible for relief by my marriage to a USC, my removal proceeding had already concluded and the only thing I could do was to submit the joint motion to reopen with the DHS. I learned later that if the motion to reopen is not submitted within a month or so of the EOIR decision, then later when and if the joint MTR is submitted to the DHS, then the DHS can decline to join the motion to reopen for any reason. I don't think you can find a more favorable case than mine and the DHS still declined to join in the motion to reopen, so there you go.
Another option for you would be to have your husband leave the country and apply for a VISA at the Consulate overseas. Post the interview, I think you can submit I-601 and I-212, but you would have to find out what further consequences are to ignoring the deportation order.

They're not drawing direct comparisons between the two cases. Obviously, they aren't even close to being the same level. The BIA decision was specifically referring to the fact that an arrest can be viewed as a negative discretionary factor, and cited Thomas as a precedent example of this. Look at exactly what they wrote:


See Matter of Thomas 21 I&N Dec. 20 (BIA 1995) ( holding that an arrest can be considered as a negative discretionary factor ).
When you read a legal decision, and you see citations of other precedent decisions, you have to look at specifically what issue they are addressing when they make the citation. Very rarely are they citing the other case in it's entirety, but using a specific circumstance in another case to make a point about the case they are issuing a decision on.

Your situation is totally different from the OP's. Your fiancee basically made statements that caused the IO to believe that he was going to marry you while in the US and adjust status. That is a no no. The fact that he travelled on the Visa Waiver Program and stayed for 4 months within a 6 month period was a flag too, not to mention that he came a third time. He had no job and no reason to stay in his home country especially with your illness.
I do not believe that he will need a waiver. Did they stamp anything in his passport?
I hope you are doing well with treatment.

There you have your answer. You arrived in the US with the intention to stay for 90 days, but not to get married. If you now get married, you will become the "immediate relative" of a US citizen, your husband. Thereafter, you are eligible to file for Adjustment of Status.
You need to understand this: it's perfectly legal to get married on the VWP. What is not legal is to travel to the US with the intention to get married and afterward to apply for AOS. According to your own post, that wasn't your intention. So your attorney is correct. Not a problem, as long as you have your AOS application received by USCIS before your (electronic) I-94W expires.

Right right right - you are so right HIT. Every American woman leaves her kid in the dust when she finds a Moroccan man!! And all Moroccan men will molest your teenage daughter!!! No Americans married to Americans put their children second or third to new husband etc and NO American men molest children. Its those awful mena men you need to look out for.
The woman is going through a difficult step family situation
that is typical regardless of nationalities and graciously asked for help. Your spewing of bitterness and hatred and horror stories gets really old. We get it - you had an awful experience and you choose to be around low lifes who treat people horribly. We really get it.

hee hee no kiddin!!

Rightfully so or not, you are one bitter bitter woman. Nothing else to say...