Quote:
Originally Posted by AztecAztec
This was probably the I-301 petition, the first step. You need the I-301 first, then the I-485, Application to Register Permanent Residence or Adjust Status.
Usually you cannot adjust status if you entered illegally , but you can get a I-601A waiver for extreme hardship if you have nothing else against you ( like a conviction ). You file the I-601 A with the I-485.
The lawyer was probably going to argue that if he was deported, he could not pay child support as hardship to US citizens..
|
You somehow managed to butcher the whole statement.
I-130 does not require an interview. He was not eligible for I-485. I-601A doesn't take an interview (they either approve it, or deny it, in this case they'd deny it because he has a removal order). If you're not eligible you're not eligible you can't argue your way out of it no matter who you blow.
You also don't appear before a court unless the court grants reopening of proceedings.
So they basically hired the cheapest hack that money could buy that didn't even do a FOIA for the guy to see what's up. Filed an adjustment petition he didn't qualify for. Now they're seeking reopening so he can do voluntary departure or I-601A and hopefully he won't get slapped with 5 year 212(a)(6)(B) 5 year ban for failure to attend proceedings that only has a few exceptions and no waivers.
The motion to reopen an in absentia order does stay a removal order, however it all depends on if they grant it, and if so - why. No notice, unlikely since he failed to change address which he admitted. Joint motion? They wouldn't arrest him in the first place. Sua Sponte - I mean, good luck. You do get Sua Sponte motions that are approved but generally it depends which court, which judge, etc.
So that will be denied, BIA will be given the same or similar arguments and also deny it, and then he'd appeal to the 3rd circuit which may force a remand (and therefore reopen the proceedings), or just say no can do.
Worst thing about in absentia orders is the 5 year ban since you can't waive it (there are exceptions but it all depends if the consulate decides that you should be barred or not), so you can't take voluntary departure then do I-601, or just do I-212 and then I-601A like someone with a regular removal order could.