I am in removal proceedings and have 245i covered. My question is that my I-140 got approved in september 2009 and my lawyer filed 485 for AOS and got news from the lawyer saying the application for AOS was returned since the priority dates are not current. Do not now wheather the court will continue my case as it has been 9 years. can anyone advise me with this?
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
245i and removal proceedings
- Thread starter sai2bless
- Start date
dafortycal
Registered Users (C)
Why are you in removal proceeding is the first question you need to answer. Have you committed a crime?
I am in removal proceedings and have 245i covered. My question is that my I-140 got approved in september 2009 and my lawyer filed 485 for AOS and got news from the lawyer saying the application for AOS was returned since the priority dates are not current. Do not now wheather the court will continue my case as it has been 9 years. can anyone advise me with this?
dafortycal
Registered Users (C)
Overstay is a crime, a federal one. Your best bet is to ask the IJ for V/D and leave, and return to the United States once your date becomes current.
thatsonlyme
Registered Users (C)
overstay is NOT a crime. why people love distributing false information?
"The INA [Immigration and Nationality Act] includes both criminal and civil components, providing both for criminal charges (e.g., alien smuggling, which is prosecuted in the federal courts) and for civil violations (e.g., lack of legal status, which may lead to removal through a separate administrative system in the Department of Justice). Being illegally present in the U.S. has always been a civil, not criminal, violation of the INA, and subsequent deportation and associated administrative processes are civil proceedings. For instance, a lawfully admitted nonimmigrant alien may become deportable if his visitor's visa expires or if his student status changes. Criminal violations of the INA, on the other hand, include felonies and misdemeanors and are prosecuted in federal district courts. These types of violations include the bringing in and harboring of certain undocumented aliens, the illegal entry of aliens, and the reentry of aliens previously excluded or deported."
"The INA [Immigration and Nationality Act] includes both criminal and civil components, providing both for criminal charges (e.g., alien smuggling, which is prosecuted in the federal courts) and for civil violations (e.g., lack of legal status, which may lead to removal through a separate administrative system in the Department of Justice). Being illegally present in the U.S. has always been a civil, not criminal, violation of the INA, and subsequent deportation and associated administrative processes are civil proceedings. For instance, a lawfully admitted nonimmigrant alien may become deportable if his visitor's visa expires or if his student status changes. Criminal violations of the INA, on the other hand, include felonies and misdemeanors and are prosecuted in federal district courts. These types of violations include the bringing in and harboring of certain undocumented aliens, the illegal entry of aliens, and the reentry of aliens previously excluded or deported."
Topeka6000
Registered Users (C)
I am in removal proceedings and have 245i covered. My question is that my I-140 got approved in september 2009 and my lawyer filed 485 for AOS and got news from the lawyer saying the application for AOS was returned since the priority dates are not current. Do not now wheather the court will continue my case as it has been 9 years. can anyone advise me with this?
sai2bless, Please keep us to date on your case. I know someone who is in a very similar situation. They will be applying for 245i later next year.
thanks for the interest only I need to say that I have a court date in february 2010 and I need advise as mentioned above that as I am in removal proceedings and also am covered with 245i and after this long journey of labor cert where some closed down and some had no ability to pay and after changing employers, finally started working one employer where I got labor approved and now I140 approved in march 2009 and now when the time came to file AOS, my lawyer send all the papers and fees with medical but unfortunately that came back asked to wait until priority dates become current.
Here my question is that will the court give me enough time until my priority dates become current? Any/Or I read somewhere in this forum that for AOS, IJ have to approve to send for AOS, is that right or there is any other way where may be my lawyer does not have enough info? Please advise me.
Here my question is that will the court give me enough time until my priority dates become current? Any/Or I read somewhere in this forum that for AOS, IJ have to approve to send for AOS, is that right or there is any other way where may be my lawyer does not have enough info? Please advise me.
Topeka6000
Registered Users (C)
sai2bless, I really don't think the court will give you time to wait for your priority dates to become current- from a distant relative. My understanding is that if its an immediate relative with a pending I-130 and you have a 245i then, I believe, the IJ may wait for AOS, even if the respondent is in removal proceedings. I am saying this cause I had a brief discussion with a lawyer on this topic. If you have a good lawyer, and in my opinion, a certified immigration lawyer, they are much aware of the laws to properly give you some real advice. They may be expensive, but are worth every penny. btw, how much time do you have for your date to become current?
Last edited by a moderator:
That is a good question but am confused and cannot get a right answer. Let me put this way since as I checked the processing times for AOS which was June 4th 2009, what this means since my situation is that I submitted my I140 in March of 2008 and that got approved in July 15th of 2009. Now advise me that where I stand? Is June 4th 2009 is a priority date for filing for AOS? Please advise me as time is running out and thanks in advance.
Topeka6000
Registered Users (C)
If your processing time has passed and it has been so long you may want to check w your lawyer and get an info pass or call the 800 number. Keep us upraised on your case. wish you best of luck!
processing time is not passed as it jumped from 2007 to 2009 and I think now it should be current for now as my priority date should be march 2008 when my labor was approved (suppose that should be the prioriity date?) Any ways I am going to contact my lawer and will keep you guys informed as you have been a huge help for me.
thanks again.
thanks again.
your priority date is the date when your Labor was submitted.
if it was in 2008 and current processing date is 2009 then you are on current status. but as you said USCIS sent back you application saying its not current means you must be looking wrong processing date..
make sure you category and current processing date with your Labor application date.
Hope this will help.
if it was in 2008 and current processing date is 2009 then you are on current status. but as you said USCIS sent back you application saying its not current means you must be looking wrong processing date..
make sure you category and current processing date with your Labor application date.
Hope this will help.
it means your priority date is january 2008. now you need to see based on country of current citizenship, how long is current processing date benind from Jan 2008.?
you have to keep watching State departments Visa Bulletin publish every month..to see current processign date for your country.
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html
you have to keep watching State departments Visa Bulletin publish every month..to see current processign date for your country.
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html