3 years 9 months late for change of circumstance

cindie

Registered Users (C)
my husband is from england. We have had a lot of family illness and death problems. We are nearly 4 years late to change our circumstance for permanent residence and are concidered in deportation status. Is there anything we can do to fix his residence status and not be deported?? Please help. Finances are bad due to illness.
 
cindie said:
my husband is from england. We have had a lot of family illness and death problems. We are nearly 4 years late to change our circumstance for permanent residence and are concidered in deportation status. Is there anything we can do to fix his residence status and not be deported?? Please help. Finances are bad due to illness.
Sorry to hear about it. But you need to give more information in order to get some advise. All you said was that your husband is from England, and you have been out of status for almost 4 years, and now you are in deportation proceedings...
 
Both of you are in deportation proceedings or just him?...because you are talking about "our...".
Please give more information like: if you are a permanent resident or a US citizen and how (which status visitor, employment, transferee, etc.) your husband came to the US.
Did you received a notification about deportation proceedings and when?
 
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re 3 years 9 months late

I am a US citizen born in California. My husband came here to visit and we got married. He received his Perm A card that had a change of circumstance due May 2002. We were having a lot of problems and did not complete his change of circumstance, but we have stayed together and worked things out. Due to several surgeries on my part and illness we could not afford to send in for the change. We went into to talk to an attorney in May 2004 who wanted $5500.00 to fix his status.. We could not afford this at all. I have been supporting my family 7 children and my husband with my job. I just can't do this by myself anymore. :(
 
I am very sorry to hear your family's situation. I don't understand why your husband is in deportation status? Why he haven't got his EAD card by now? Most family based applicaion he could get an EAD very soon to find a job to support the whole family.
 
3 years 9 months late

We were unsure if our marriage was going to last and didn't complete the forms or send them in. We never changed the circumstances and are finally in need to do so. INS wouldn't give us any help when I called today. I need to find out what to do to keep my husband with me. We have been married for 7 years now. I don't want to lose him to deportation.
 
What happened with the Perm A card that he received? is that employment based?

See if he undergo through employment based is totally different process and has nothing to do with your marriage. Now, if because something went wrong with his Perm and you never file for the situation through marriage then that is something else.
And as you see this forum is family based, so I really don't understand what "circumstance" you are talking about.
Unless when you say "circumstance" you meaning "adjustment of status". Please clarify with that "circumstance".

You said that he is on deportation procedures...did you received a letter or notice stating that? or you are assuming that he is on deportation proceedings?
 
I agree with Cher1980, you have to give us more info....What was your husband status when you got merried? Did you apply for AOS? How long has he been out of status?
 
I think by “change of circumstances” she means “conditions”.
They got married 7 years ago, her husband got conditional Green Card. They had to file for removing of conditions together, two years after that, but they never did.
Now it’s been 3 yrs and 9 months, his GC expired, he is out of status and in deportations procedures simply because he failed to remove his conditions. It that right, Cindie?
 
Cindie, sorry to hear about ur family,s condition,please be specific so everybody can give some advise on how to go about it,good luck
 
Jane Green said:
I think by “change of circumstances” she means “conditions”.
They got married 7 years ago, her husband got conditional Green Card. They had to file for removing of conditions together, two years after that, but they never did.
Now it’s been 3 yrs and 9 months, his GC expired, he is out of status and in deportations procedures simply because he failed to remove his conditions. It that right, Cindie?

Yes that is exactly right. So any ideas on what to do now?

Thank You
 
cindie said:
Yes that is exactly right. So any ideas on what to do now?

Cindie, under curtain circumstances USCIS lets people file for removing of conditions past 90 days before GC expirations. But your husband is beyond that – 4 yrs too late.

According to USCIS.gov when they sent you a notice telling you that you have failed to remove the conditions, they also sent a Notice to Appear at a hearing. Did you get such notice?
At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements). http://uscis.gov/graphics/howdoi/remcond.htm

What you need right now is an immigration attorney to help you straight things out. If you can’t afford one then look for pro bono lawyers in your area. Here is one link to try:
http://www.abanet.org/legalservices/probono/directory/programlinks.html

Good luck!
 
no hearing notice

We only received a notice that stated he was in deportation process. we never received a hearing notice. we still live at the same address.

Thank you for your help
 
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