Hello. This is very embarrassing and sad for me. I am distraught to find out that my husband refuses to provide previous divorce certificate or anything else at this point. I have a hearing very soon. Do I have any options? I don't think he is after financial gain. Maybe married already. I feel like a cockroach. I have been here for ever and just could not get this right. I am 245I on top of it. or thank God? Please advise if you can. Thanks and God bless.
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Already in removal and marriage application problems...
- Thread starter adrianne
- Start date
VivaLasVegas
Volunteer Moderator
If you know what city / state your husband got divorced you may be able to pull that copy online. It's always a good thing to consult an immigration attorney since you are also in removal proceedings at this time.
Thank you VLV very much for your suggestion. The State is NY which means the records are not public but one can get the filing info. I hired a PI to look into it. I suspect a lot of things. I wonder if by some grace I would be eligible to apply for labor cert or any other option since I am 245i. I have an attorney but i need all the advice i can get. Thank you all..
Could I take advantage of the "grandfather clause" and maybe start an employer petition? Thank you.
Yes assuming your petition that qualifies you for 245i was not a frivolous filing. I'm assuming it wasn't your marriage. 245i is valid forever afaik going by many articles by attorneys on the net.
Thanks Praxx. It was a legitimate filing which unfortunately fell apart at the end because the company was undergoing changes etc. I was warned at the time that I would not be able to start another employment petition as I probably would be sent back due to the priority date??? I am not sure what that means. I was told that since the process would take a long time I would not be able to stay here that long. Some didn't think so. Same uncertainty applies now. More so of course.
Thank you all.
Thank you all.
Jackolantern
Registered Users (C)
It was a legitimate filing which unfortunately fell apart at the end because the company was undergoing changes etc.
Was the I-140 approved? Without an approved I-140, I don't think you'll be able to establish that the filing was legitimate.
However, note that even you qualify for 245i, it doesn't protect you from deportation if you are in removal proceedings before filing for adjustment of status (I-485). Apparently you haven't file an I-485 before removal proceedings were initiated.
Last edited by a moderator:
However, note that even you qualify for 245i, it doesn't protect you from deportation if you are in removal proceedings before filing for adjustment of status (I-485). Apparently you haven't file an I-485 before removal proceedings were initiated.
Are you sure about that? I thought 245i could protect someone at any time unless they were physically removed or physically departed at which point bars to entry would supercede it obviously.
Jackolantern
Registered Users (C)
Are you sure about that? I thought 245i could protect someone at any time unless they were physically removed or physically departed at which point bars to entry would supercede it obviously.
A grandfathered 245(i) individual who is already in removal proceedings can file for AOS if they have a petition that qualifies them for AOS. But then it will be up to the discretion of a judge to decide between granting AOS and removing them; 245(i) eligibility doesn't mean the AOS will be automatic. And if they don't have a basis to file for AOS, 245(i) provides zero protection from deportation if they're caught.
A grandfathered 245(i) individual who is already in removal proceedings can file for AOS if they have a petition that qualifies them for AOS. But then it will be up to the discretion of a judge to decide between granting AOS and removing them; 245(i) eligibility doesn't mean the AOS will be automatic. And if they don't have a basis to file for AOS, 245(i) provides zero protection from deportation if they're caught.
Ok for a minute I thought you were implying that anyone, even someone with an I-130 petition which has a current PD, would be denied AOS simply because they were being removed. I am well aware that 245i in of itself doesn't guarantee anything except in conjunction with other petitions that do qualify someone CURRENTLY for AOS.
Jackolantern
Registered Users (C)
Ok for a minute I thought you were implying that anyone, even someone with an I-130 petition which has a current PD, would be denied AOS simply because they were being removed.
I'm not sure of all the detailed criteria, but my understanding is that the judge will only consider allowing AOS for an immediate relative of a US citizen; for any other category, 245(i) or not, they reject the AOS if it wasn't filed before the removal proceedings.