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DAP Forums > DREAM Act > The Lounge

Final Order - Page 4

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#31
01-30-2017, 02:56 PM
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Quote:
Originally Posted by anitagreencard View Post
Hey Demise, this is the timeline:

- Entered the US with parents on July 1993 with a tourist visa.
- My parents applied for political asylum.
- The case was denied. However, we were granted voluntarily departure on May, 2000. (I was 10 years old)
- Failing to depart voluntarily, the final order was issued.
- November 2016, I married my USC wife

From my understanding, I need to get an i-130 approved then file a joint motion to reopen (on grounds of new evidence). What would the process look like after?

Sorry if this is going off topic. I'm going to spend more time on the immigrate2us forums I promise.
Ok here is the situation, an I-130 approval doesnt guarantee you that the trial attorney will agree to join your motion. Second, it also doesnt count as ground for new evidence, as the only way you can use this is if you were order removed in absentia and it was beyond your control.. meaning you maybe didnt get the notice? (in which case the new evidence would be to prove this point)

We have been successful in reopening cases when:
it involved the scenario I listed before.
It involved a USC spouse in the military
It involved ineffective assistance of council.
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#32
01-30-2017, 04:00 PM
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Quote:
Originally Posted by txgirl View Post
Ok here is the situation, an I-130 approval doesnt guarantee you that the trial attorney will agree to join your motion. Second, it also doesnt count as ground for new evidence, as the only way you can use this is if you were order removed in absentia and it was beyond your control.. meaning you maybe didnt get the notice? (in which case the new evidence would be to prove this point)

We have been successful in reopening cases when:
it involved the scenario I listed before.
It involved a USC spouse in the military
It involved ineffective assistance of council.
Attagirl!!
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#33
01-30-2017, 04:37 PM
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Quote:
Originally Posted by anitagreencard View Post
Hey Demise, this is the timeline:

- Entered the US with parents on July 1993 with a tourist visa.
- My parents applied for political asylum.
- The case was denied. However, we were granted voluntarily departure on May, 2000. (I was 10 years old)
- Failing to depart voluntarily, the final order was issued.
- November 2016, I married my USC wife

From my understanding, I need to get an i-130 approved then file a joint motion to reopen (on grounds of new evidence). What would the process look like after?

Sorry if this is going off topic. I'm going to spend more time on the immigrate2us forums I promise.
Failure to depart on Voluntary Departure turns it into a final removal order, which is not an in absentia order.

So basically in your case, you'll wait for I-130 to be approved, and then seek to reopen. Either jointly or using some other argument. After that you'll seek to terminate so that you can adjust status with USCIS. If judge doesn't agree to terminating then you'll file I-485 and all applicable evidence with the court.

So basically:
I-130 approval.
Ask ICE for joint motion to reopen and terminate. If they agree you file it with the court which will do it.
If that fails you file a motion to reopen and terminate with the court with the argument that you are eligible to adjust status. If this works then the court will agree to reopen and terminate the proceedings and you file for adjustment.

Then there might be arguments on ineffective assistance of counsel and other technicalities. Sua-sponte reopening where you basically ask the court to reopen on their own discretion is the last attempt when everything else fails (though it shouldn't).

If that fails then you file I-212, and once that is approved file I-601A, and go for the consular interview when I-601A is approved. Since you failed to leave on a VD order you will not trigger the 5 year ban for failure to attend proceedings. (Failure to leave on VD triggers a 10 year bar on basically all forms of relief, however it counts from the day the DV order expired, not date of departure - since it's been 10+ years already, that's expired).



You are definitely in a better situation as I can only reopen jointly, or with the argument that I never got the notice to appear (and proving negatives is a fun on its own), or via a Sua-Sponte motion. Other than that I got nothing aside leaving and sitting out the 6B ban (5 years for failure to attend the proceedings). Immigration law is utter bullshit when applied to children, I was fucking 11, I could shoot someone and I don't think they could prosecute me, but enter illegally and get caught - it will haunt you forever.
Last edited by Demise; 01-30-2017 at 04:40 PM..
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#34
01-30-2017, 06:46 PM
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Is there a minimum amount of time you have to be with someone before you get married? As far as immigration and adjustment of status is concerned, will a 4 month relationship turned marriage be considered legit?
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#35
01-30-2017, 07:04 PM
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Quote:
Originally Posted by EdoIsa View Post
Is there a minimum amount of time you have to be with someone before you get married? As far as immigration and adjustment of status is concerned, will a 4 month relationship turned marriage be considered legit?
You will have to live together and make a good case. You will probably also need to show your relationship is public. It will help if both families meaning parents are aware and there are pictures of you two with respective in laws.

Wedding pictures and affidavits of the family members will also help.
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#36
01-31-2017, 08:58 AM
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From what I know, the following has been occurring.


-Government attorneys seem to not return calls like they used to, making joint termination more difficult

-I have not heard of any admin closures based on DACA after the President has been sworn in. Termination of proceedings with DACA alone seems impossible unless seeking a permanent benefit.

-It is best to seek everything through court, even better if the court is in a liberal district.

-Case load for immigration court have been stabilizing, but it is expected that will be short lived
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