Adjustment of status - married to LPR

VisaNutz said:
PR.. I might be wrong but I think you are confusing the form number I-212 and INA section 212. Also, "voluntary departure" doesn't mean one left the country before removal proceeding began. "Voluntary departure" is one form of relief from deportation/removal. So, for example, if you were in removal proceedings, judge would give you the option of "voluntary departure", which means you would leave USA within a certain amount of time, and you will not be considered "deported" (although, the fact that you were in removal proceeding won't go away). This way, you won't face the consequences of being "removed/deported" (fox example, if you didn't take the option of "voluntary departure", and the judge found you removable) such as bans and what not. "Voluntary departure" is still a judge ordered option - it doesn't mean that someone just left the country.
So, if you want to re-enter USA after being in "removal proceedings", you file I-212, along with I-601.

On the other hand, one could be found inadmissible for many reasons listed in the INA section 212. For example, OPs wife could just leave USA before she is ever placed in "removal proceedings" - and before leaving if she accrued unlawful presence long enough to trigger a ban, she would be found inadmissible under section 212. Then she files I-601, which is an application for a waiver for grounds of inadmissibility under section 212 (and some other). This is completely different situation than the ones require filing I-212.
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You are right, I just got a bit confused myself. I really meant the I-601 waiver and if necessary the I-212 if she ends up being removed/deported. Anyway OP needs to understand his wife does not qualify for adjustment of status with his present LPR status. Only persons under245(i) and immediate relatives of USC(spouse, parents, children < 21years), and persons who are in legal valid status can file the I-485.

She cannot remain here and get a GC while he is an LPR. He needs to ignore all forms and understand that she can only file the I-485 here if he becomes a USC. I-601 is difficult to get and is better he does not have to go that route.

I feel his pain but USCIS only understands extreme hardship.
 
Wow, thanks for all this great answers. So far it is all comes down to only one option for me to get USC. Me and my wife, we have couple more questions to clear this subject up completely for us.

Does anybody knows ( from own experience or from official sources) what happens if I-485 denied? Would they start removal proceedings? How soon? What is the process?
 
Lightblue said:
Wow, thanks for all this great answers. So far it is all comes down to only one option for me to get USC. Me and my wife, we have couple more questions to clear this subject up completely for us.

Does anybody knows ( from own experience or from official sources) what happens if I-485 denied? Would they start removal proceedings? How soon? What is the process?
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Generally yes if the I-485 is denied removal proceedings is next if the person is out of status, but that would depend on the individual case. For example if you had a previously unexpired visa status like an H1-B that is still valid, the person can revert to it. You'll need to provide more information about your wife entire immigration history and other issues so this forum can help. Also there is a link on how to do it yourself( http://forums.immigration.com/showthread.php?288201-How-to-Apply-for-a-Green-Card-Do-it-Yourself ) which is very useful.

So best of luck on your N-400 then followed by the I-485 process.
 
Triple Citizen said:
Can you elaborate?
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Of course I can elaborate Triple Citizen. Well, actually small correction to my statement about N-400. All answers where it is supposed be no is no, and everywhere where it is supposed to be yes is yes. No criminal record. All my trips outside USA were short. But I am asylee and I went to COP, to see my dying relative and my mother before complicated heart surgery. I have supporting documents and detail explanations. However after reading this great forum a lot lately even though I have supporting documents I don't feel like it is 100% that I will become citizen. Here is what Thankful wrote while back - The USCIS has made it clear that if an asylee returns home his asylum grant may be reconsidered.
 
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If you made only one trip to your COP to see a dying relative, you should file N-400. You should be able to defend your decision to visit your COP. I am assuming there is nothing more to it than just this one trip.

Lightblue said:
But I am asylee and I went to COP, to see my dying relative and my mother before complicated heart surgery.
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Thank you guys and gals for help. It seems like I made up my mind and I will go through my Citizenship interview. After interview I will tell how it worked out and give more info about my case. Thanks again everyone, you all great helpful people!
 
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