My relative was ordered deported over ten years ago but never left the US. In the meantime she has gotten an I-130 approved in the fourth preference cathegory and her visa will be available in just a few months. Will her adjustment application cure the grounds of deportability in her case? In another words, is her I-485 going to be approved once filed or she is going to run into problems?
Adjustmnet After Deportation
- Thread starter ciciban
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My relative was ordered deported over ten years ago but never left the US. In the meantime she has gotten an I-130 approved in the fourth preference cathegory and her visa will be available in just a few months. Will her adjustment application cure the grounds of deportability in her case? In another words, is her I-485 going to be approved once filed or she is going to run into problems?PraetorianXI
Banned
she can not adjust her status as an overstay/illegal entry or deportation ordered as far as I know. She needs to speak to a qualified attorney, ask about 245(i) which may apply but the deportation order may get in the way.
Triple Citizen
Registered Users (C)
What triggered the deportation order? In other words, how did she come to the attention of INS(10 years ago)?
She came to the States as a visitor, subsequently married US citizen, filed IR petiton and adjustment application concurently, but the husband was not there for her when she had the adjustment interview, and never after either. She was brought to the court and oredered deported. Her sister filed I-130 on April 13, 1998, ( I think 245(i) would apply) and it was apporoved.
Isn't the 10 years period of time after which one can seek immigration benefits after being deported?
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PraetorianXI
Banned
if you are speaking of the 10 year ban, it is triggered the moment you leave the USA.
So apparently in her case, she was involved in a sham marriage and it did not work.
The I-130 does not give her a legal status. If she was legally present in the USA she could adjust status... She may fall under 245(i) but still.. There are many variables in this mess... She needs a very good immigration lawyer to sort all of this mess out.
So apparently in her case, she was involved in a sham marriage and it did not work.
The I-130 does not give her a legal status. If she was legally present in the USA she could adjust status... She may fall under 245(i) but still.. There are many variables in this mess... She needs a very good immigration lawyer to sort all of this mess out.
Triple Citizen
Registered Users (C)
Talk to a lawyer.
http://www.visalaw.com/01mar5/12mar501.html
The following groups of people, who would ordinarily be ineligible for adjustment of status, are able to apply for adjustment of status under section 245(i):
· People who entered the US without inspection;
· People who have fallen out of valid nonimmigrant status or who have otherwise violated the terms of their status;
· People who have engaged in unauthorized employment;
· Crewmembers who entered the US with a D visa;
· People admitted in the transit without visa category; and
· People admitted under the Visa Waiver Pilot Program (now the Visa Waiver Permanent Program).
Some classes of people will remain ineligible for adjustment of status, despite the reinstatement of section 245(i).
· Stowaways,
· People admitted on a K visa who failed to marry the petitioning US citizen within 90 days after arrival;
· People subject to the J-1 two-year home residency requirement;
· People who have failed to appear at a scheduled deportation hearing or asylum interview, or who have failed to follow a deportation order or grant of voluntary departure;
http://www.visalaw.com/01mar5/12mar501.html
The following groups of people, who would ordinarily be ineligible for adjustment of status, are able to apply for adjustment of status under section 245(i):
· People who entered the US without inspection;
· People who have fallen out of valid nonimmigrant status or who have otherwise violated the terms of their status;
· People who have engaged in unauthorized employment;
· Crewmembers who entered the US with a D visa;
· People admitted in the transit without visa category; and
· People admitted under the Visa Waiver Pilot Program (now the Visa Waiver Permanent Program).
Some classes of people will remain ineligible for adjustment of status, despite the reinstatement of section 245(i).
· Stowaways,
· People admitted on a K visa who failed to marry the petitioning US citizen within 90 days after arrival;
· People subject to the J-1 two-year home residency requirement;
· People who have failed to appear at a scheduled deportation hearing or asylum interview, or who have failed to follow a deportation order or grant of voluntary departure;