We are representing ourselves. How do I file a motion to terminate removal proceedings?

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tessiekenela

Registered Users (C)
Hello,
So far working without a lawyer has been much more stress-free than working with one.
I feel our attorney simply ripped us off (but that is another story). Luckily, our IJ seems really patient, respectful and understanding and seems to always be on our side.
Anyways, hypothetically-speaking, if our I-130 application should get approved on our interview day (this Thursday) or before our next MH of September 16th, I would like to ask the IJ if we can file a motion to terminate deportation proceedings.
I found the following form online and I have a couple of questions:

1. Well, most importantly - is this the right form?
http://www.justice.gov/eoir/eoirforms/eoir42b.pdf

2. My husband is about 6 months short of living in the US continuously for 10 years. It seems that is one of the requirements on this particular form. How will it affect us?

3. I really can't prove that his deportation would be an extreme hardship for me. I am the one with the income who has been supporting the household this entire time. Clearly it would be a hardship on the emotional level, but can you prove that?

Thanks for any feedback.
 
tessiekenela said:
Hello,
So far working without a lawyer has been much more stress-free than working with one.
I feel our attorney simply ripped us off (but that is another story). Luckily, our IJ seems really patient, respectful and understanding and seems to always be on our side.
Anyways, hypothetically-speaking, if our I-130 application should get approved on our interview day (this Thursday) or before our next MH of September 16th, I would like to ask the IJ if we can file a motion to terminate deportation proceedings.
I found the following form online and I have a couple of questions:

1. Well, most importantly - is this the right form?
http://www.justice.gov/eoir/eoirforms/eoir42b.pdf

2. My husband is about 6 months short of living in the US continuously for 10 years. It seems that is one of the requirements on this particular form. How will it affect us?

3. I really can't prove that his deportation would be an extreme hardship for me. I am the one with the income who has been supporting the household this entire time. Clearly it would be a hardship on the emotional level, but can you prove that?

Thanks for any feedback.
Click to expand...

No, he does not qualify for that AND it is not needed.

SEE: http://www.justice.gov/eoir/vll/OCIJPracManual/Chap 5.pdf

and http://www.justice.gov/eoir/vll/OCIJPracManual/ocij_page1.htm

Your best course is to contact the ICE Counsel and ask that person to file a Joint Motion based on ICE's Guidance Memo on this subject. He made a lawful entry initially and IF an I-130 is approved as the spouse of a USC, he would qualify to file for adjustment. He would still have to be admissible as an immigrant and may have some other issue that could require a waiver (if available).

His driver license issues are not legal issue for admissibility. It seems that your issues remain on how USCIS views his prior marriage.


Lastly, How many threads is this now?
 
BigJoe5 said:
No, he does not qualify for that AND it is not needed.

SEE: http://www.justice.gov/eoir/vll/OCIJPracManual/Chap 5.pdf

and http://www.justice.gov/eoir/vll/OCIJPracManual/ocij_page1.htm

Your best course is to contact the ICE Counsel and ask that person to file a Joint Motion based on ICE's Guidance Memo on this subject. He made a lawful entry initially and IF an I-130 is approved as the spouse of a USC, he would qualify to file for adjustment. He would still have to be admissible as an immigrant and may have some other issue that could require a waiver (if available).

His driver license issues are not legal issue for admissibility. It seems that your issues remain on how USCIS views his prior marriage.


Lastly, How many threads is this now?
Click to expand...

how do you contact the ice council?
 
Ok another question: can I terminate the proceedings with BIA with pending I-130 or I'll have to wait for its approval?
 
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