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#20
07-17-2017, 12:08 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,814 posts
Demise
Quote:
Originally Posted by Vze77ach View Post
You're right , we hired a bad attorney who has no work ethic . He forgot to filed the appeal within a year after it was initially denied . We tried motion to open couple times afterwards, they all got rejected .

My wife is permanent resident. She will be eligible to apply for naturalization on May 2019.
I am paroled arriving alien , I entered with inspection . I should be able to adjust my status without leaving the US when my wife becomes US citizen
Wait, since you were paroled in, and an arriving alien you can adjust regardless of a removal order (or a deportation/exclusion order if your proceedings were initiated before April 1, 1997).

Wait for your spouse to naturalize and then file for adjustment. You do not need an MTR in this case as a removal order is not an inadmissibility, it just takes the jurisdiction from USCIS and hands it to the court in question (which is why people generally need an MTR). However, jurisdiction over AOS of arriving aliens rests solely with USCIS, meaning that you do not need an MTR to adjust.

After your adjustment you'll have to work on an MTR just to get rid of the damn order since it does technically prevent naturalization and it might cause issues while traveling.

Were your parents sponsored prior to April 30, 2001 by any chance? 245(i) lets one adjust via any means and not just marriage to a USC.
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