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DAP Forums > Other Topics > New Members

New + Seeking advice... - Page 2

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#11
06-30-2008, 01:41 AM
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Quote:
Originally Posted by MDxOD View Post
Yeah it was before 16, so now im relieved that i will qualify. However i spoke to my older brother about this and he talked to our lawyer a few months ago who is well known for being strong in these issues. He did say that marriage is an option though it is getting harder, but it obviously has to be legit. When i go again i will ask him to see whats going on now, and ask any further questions. I think as of now, im pretty ok...

just a quiestion..what other information do they use to "look for you"? like fing print or somethin? because there are many ppl who have gone.."undetected" you can say for several years now but idk thanks for ur info btw
Technicallly, they don't look for you. What happens is that USCIS moves to initiate deportation proceedings against a failed asylum application. It petitions in immigration court, after which the applicant is notified of the court hearing date or such. If the applicant fails to appear in court (not a good thing), then after some time, the immigration court can issue a deportation order against the applicant in absentia.

Now, there is a bonafide deportation order against the alien, which makes the alien a fugitive. This deportation order is forwarded to ICE which has the responsibility of executing that order. The whole file contains last known addresses, identifying information on the alien etc. etc. ICE can at any time choose to find and arrest the applicant.

This is why we keep hearing news about people being woken up in the middle of the night to ICE agents storming through their door.
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#12
06-30-2008, 07:24 PM
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Free_These_Shackels
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Hey guys, thank you all so much for sharing your knowledge here. I'm very taken back by all of this. I went out of status back in 04' when my change of status was denied due to my parent's expired business visitors visa (B-1 i think). After being absent for a full semester of school due to family business (I run our sushi joint here in California) I can't go back to school because my I-20 is terminated.

A couple of questions:

What is the I-601 waiver?

What other choice do I have of becoming a legal resident?
I've heard of citizenship through marriage (my girlfriend is a citizen)

Thanks you guys. This forum is awesome.
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#13
06-30-2008, 08:27 PM
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Quote:
Originally Posted by Free_These_Shackels View Post
Hey guys, thank you all so much for sharing your knowledge here. I'm very taken back by all of this. I went out of status back in 04' when my change of status was denied due to my parent's expired business visitors visa (B-1 i think). After being absent for a full semester of school due to family business (I run our sushi joint here in California) I can't go back to school because my I-20 is terminated.

A couple of questions:

What is the I-601 waiver?

What other choice do I have of becoming a legal resident?
I've heard of citizenship through marriage (my girlfriend is a citizen)

Thanks you guys. This forum is awesome.
1)If you entered the country legally and do not have a deportation order against you, you can adjust via a legitimate marriage to a US citizen without having to leave the country.

*This may not be the case if you entered on a K or J visa. However I have heard of people adjusting in country even though they came with those visas but I don't know the exact circumstances that made that possible.

2)If you entered without a visa and do not have 245i (use search function to see if you fall under this), you need a I-601 wavier and must adjust outside the country. It's a hardship wavier for usually your spouse that allows you to get a wavier for the 10 year ban. If you are thinking of going with this option, check out www.immigrate2us.net

3) A person with a removal order against them most likely cannot adjust in the country and may qualify for the I-601 wavier (please ask over at www.immigrate2us.net to see if you qualify).

4) If you fall under 245i, you can adjust via marriage, ANY qualified relative sponsorship (not just through the citizen spouse ), and even employment. Use the search function to find out if you qualify.


Always speak to a lawyer and even if you have a strong asylum case, don't do it. The majority are denied and people are put into removal proceedings and the last thing you want is to be deported to a hostile nation
Last edited by Youguysareawesome; 06-30-2008 at 08:41 PM..
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#14
07-01-2008, 04:49 PM
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Hey youguysareawesome, thanks for the info. Very helpful. For now, I'm going to talk to an American Immigration lawyer about this (not a Korean one b/c they suck!) hem.. anyways, Thank you. I really need help and.. well.. marriage is the only option i guess.. I just hope my gf's parents will accept me =(
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#15
07-06-2008, 04:18 AM
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Quote:
Originally Posted by Free_These_Shackels View Post
Hey youguysareawesome, thanks for the info. Very helpful. For now, I'm going to talk to an American Immigration lawyer about this (not a Korean one b/c they suck!) hem.. anyways, Thank you. I really need help and.. well.. marriage is the only option i guess.. I just hope my gf's parents will accept me =(
haha it's always hard to get parent's permission in Korean culture. Good luck, I hope they see you as who you are, go with full confidence~ Do you live in the bay by anychance?
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