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Cancellation and adjustment for NonPermanent residents

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Hello all, got a few questions

My mother enter the country with a visa 1986

She never left

In 1991 she was order deported

she never showed up, she stay

1998 My sisters and I became citizens

We filed i-130 - Aproved 2001

my dad re married her "legal resident"

filed i-130 - aproved 2002

in 2004 attempted to file Motion to reopen - Denied - She waited to long case is too old _

in 2005 attempted to file Join Motion to reopen - Denied - Homeland Sec. does not think she is a high profile criminal, and has no interest on an old case

what other avenues can i seek for AOS while having an order of deportation ?

Does she qualifies for?

CANCELLATION OF REMOVAL & ADJUSTMENT OF STATUS:

Cancellation and adjustment for NonPermanent residents?

thanks guys

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Filed: Citizen (apr) Country: Canada
Timeline

You have an exceptionally complicated case

consulate a qualify attorney before moving foward. Laural Scott offers free immigration chats on wednesdays at scottimmigration.net

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Citizen (apr) Country: Australia
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You have an exceptionally complicated case

consulate a qualify attorney before moving foward. Laural Scott offers free immigration chats on wednesdays at scottimmigration.net

good luck

Yea I Bet. have a line full of Lawyers willing to take my $6,000 offering ways that will bring no solutions

Sorry did not I did not see the forum, thanks for correcting it!

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Yea I Bet. have a line full of Lawyers willing to take my $6,000 offering ways that will bring no solutions

Laurel Scott's online sessions are a good place to get some input for free. She's well regarded.

Get some input there and elsewhere from attorneys that deal with this level of complication. Then find some others to consult with prior to making any sort of decision and finacial commitment. The more folks you talk with the better you will be able to determine who is right for your case.

You won't find answers for your situation on a Do It Yourself site like VJ. There are situations where experience and results are worth the $$. This sounds like one of those.

Best of luck.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: K-1 Visa Country: Vietnam
Timeline

The approved I-130's make her eligible for a visa number, but I don't see any way she's eligible to adjust status. Your I-130 was filed in the time frame that would normally make her eligible for adjustment under 245(i), but that's out of the question because she's a deportation absconder.

I'm no expert on cancellation of removal, but I'm pretty sure that aliens previously removed don't qualify under the "good moral character" clause.

You really do need a good immigration attorney.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (apr) Country: India
Timeline

TRy again Joint motion with hardship to USC. No criminal record is good thing. If I 130 is approved then It will be easy to get joint motion. your attorney has to make a good case so service can join. Include Bo cooper memo, and velerde case references.

May 26th, 2009 : WAVA filed.

June 1st, 2009 : RFE issued Good moral: replied june 15th 2009

July,17 2009 : Prima facie approvel received.renewed again march 3, 2010

February 2, 2010 :I-765 filed, : denied

August 12,2010 :RFE issued on WAVA, more evidence needed.

sept 3rd 2010 : I-765 filed again. 9/15/2010:Filing receipt received.

Sept 15,2010 : REF answered with all evidences.9/17/2010:RFE recvd by USCIS.

Sept 19, 2010 : I 765 approved.

Sept 19,2010 : I360 touched. status changed to RFE Under review.

sept 20th 2010 : I 765 card production ordered, No Biometric, no picture etc.

sept 21 2010 : I 765 touched, still card in production.

Sept 22,2010 : I-765 touched, Card in production.

Sept 23, 2010 : I765, touched, Approval letter mailed. Card approved (???)

Sept 24,2010 : I 765 touched again. No change???

Sept 27, 2010 : EAD received.

october 3, 2010 : old expired EAD from last year touched (#######?)

October 5, 2010 : I 360 touched.

October 12,2010 : I 360 touched. Acceptance letter issued.???

Oct 13, 2010 : court date with IJ. I,m my own lawyer.

oct 13, 2010 : I 360 touched.

oct 14th2010 : I 360 touched

oct 15 2010 : I 360 touched.

OCt 20,1020 : I 360 approved.letter received.

oct 25 2010 : I 360 touched.

april 20 2011 : court date. I,m my own lawyer.I expedited my date: filed I 485, new date January 9th 2011, case terminated.

may 9th 2011 : I 485 interview.

MAy 25th 2011 : Card production ordered.

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TRy again Joint motion with hardship to USC. No criminal record is good thing. If I 130 is approved then It will be easy to get joint motion. your attorney has to make a good case so service can join. Include Bo cooper memo, and velerde case references.

I was told i could only file one Join Motion To reopen, and i was told the same about motion to reopen even when deportation in asentia or miss representation of consul exist, Dont know if this is true

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Filed: AOS (apr) Country: India
Timeline

not true.. You can only file one motion to reopen and one motion to reconsider, but you can file any joint motions, Joint motion is not bared with numeric limit or time limit. joint motion can be filed anytime. mis rep called LOZADA motion

Edited by Pascal

May 26th, 2009 : WAVA filed.

June 1st, 2009 : RFE issued Good moral: replied june 15th 2009

July,17 2009 : Prima facie approvel received.renewed again march 3, 2010

February 2, 2010 :I-765 filed, : denied

August 12,2010 :RFE issued on WAVA, more evidence needed.

sept 3rd 2010 : I-765 filed again. 9/15/2010:Filing receipt received.

Sept 15,2010 : REF answered with all evidences.9/17/2010:RFE recvd by USCIS.

Sept 19, 2010 : I 765 approved.

Sept 19,2010 : I360 touched. status changed to RFE Under review.

sept 20th 2010 : I 765 card production ordered, No Biometric, no picture etc.

sept 21 2010 : I 765 touched, still card in production.

Sept 22,2010 : I-765 touched, Card in production.

Sept 23, 2010 : I765, touched, Approval letter mailed. Card approved (???)

Sept 24,2010 : I 765 touched again. No change???

Sept 27, 2010 : EAD received.

october 3, 2010 : old expired EAD from last year touched (#######?)

October 5, 2010 : I 360 touched.

October 12,2010 : I 360 touched. Acceptance letter issued.???

Oct 13, 2010 : court date with IJ. I,m my own lawyer.

oct 13, 2010 : I 360 touched.

oct 14th2010 : I 360 touched

oct 15 2010 : I 360 touched.

OCt 20,1020 : I 360 approved.letter received.

oct 25 2010 : I 360 touched.

april 20 2011 : court date. I,m my own lawyer.I expedited my date: filed I 485, new date January 9th 2011, case terminated.

may 9th 2011 : I 485 interview.

MAy 25th 2011 : Card production ordered.

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Filed: AOS (apr) Country: India
Timeline

LOzada motion has its process that includes Filing complaint again inefficient attorney and allow him time to correct his mistake. then only LOZADA motion will be approved. LOZADA motion also don't have Time limit but it has nymeric limit to one.

May 26th, 2009 : WAVA filed.

June 1st, 2009 : RFE issued Good moral: replied june 15th 2009

July,17 2009 : Prima facie approvel received.renewed again march 3, 2010

February 2, 2010 :I-765 filed, : denied

August 12,2010 :RFE issued on WAVA, more evidence needed.

sept 3rd 2010 : I-765 filed again. 9/15/2010:Filing receipt received.

Sept 15,2010 : REF answered with all evidences.9/17/2010:RFE recvd by USCIS.

Sept 19, 2010 : I 765 approved.

Sept 19,2010 : I360 touched. status changed to RFE Under review.

sept 20th 2010 : I 765 card production ordered, No Biometric, no picture etc.

sept 21 2010 : I 765 touched, still card in production.

Sept 22,2010 : I-765 touched, Card in production.

Sept 23, 2010 : I765, touched, Approval letter mailed. Card approved (???)

Sept 24,2010 : I 765 touched again. No change???

Sept 27, 2010 : EAD received.

october 3, 2010 : old expired EAD from last year touched (#######?)

October 5, 2010 : I 360 touched.

October 12,2010 : I 360 touched. Acceptance letter issued.???

Oct 13, 2010 : court date with IJ. I,m my own lawyer.

oct 13, 2010 : I 360 touched.

oct 14th2010 : I 360 touched

oct 15 2010 : I 360 touched.

OCt 20,1020 : I 360 approved.letter received.

oct 25 2010 : I 360 touched.

april 20 2011 : court date. I,m my own lawyer.I expedited my date: filed I 485, new date January 9th 2011, case terminated.

may 9th 2011 : I 485 interview.

MAy 25th 2011 : Card production ordered.

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LOzada motion has its process that includes Filing complaint again inefficient attorney and allow him time to correct his mistake. then only LOZADA motion will be approved. LOZADA motion also don't have Time limit but it has nymeric limit to one.

That is exactly the motion i tried first, but we were enable to establish some of the requirements because the current lawyer did not translate the response from the compliant to the prior lawyer. :( ,,, than he wanted an extra $5,000 to correct his own mistake.

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