AOS and removal proceeding

[JJiang1]

I first filed family based AOS in 2003 (my husband is US citizen). Due to the security clearance, the case dragged on until 2007 when USCIS sent a letter for requesting evidence to my old address. The letter was returned, so they closed the case. I didn't find out about this until an infopass in 08/08.

Due to the fact that I was J-2 visa holder at one point of my stay in US, I had to obtain a waiver for the home residency requirement this time (I wasn't aware of the requirement during 1st filing). After getting the waiver, I re-applied for AOS on 10/08 and got the receipts. However, I received a letter today that they have put me in removal proceeding. I am looking for a lawyer right now. Just want to see if there is any advice you can offer in the mean time? And if anyone can recommend a good deportation lawyer in San Francisco bay area?

Thank you so much!

 

[dafortycal]

Get a attorney, in court ask the government to terminate the case. pending the outcome of your I-485. Here is a question, did you notify the INS of your address change as reuired by law? No one ever gets deported because of that, but you might have gotten what you deserve by not doing it. Get all your documentation together.

To be honest, you might not need a attorney if you know what to ask for, it might do you no good, but you could also ask the IJ to do a "creation of record" that would make you a LPR on the spot. I've heard of this being done, but never seen it. It will not cost you anything to ask.

I first filed family based AOS in 2003 (my husband is US citizen). Due to the security clearance, the case dragged on until 2007 when USCIS sent a letter for requesting evidence to my old address. The letter was returned, so they closed the case. I didn't find out about this until an infopass in 08/08.

Due to the fact that I was J-2 visa holder at one point of my stay in US, I had to obtain a waiver for the home residency requirement this time (I wasn't aware of the requirement during 1st filing). After getting the waiver, I re-applied for AOS on 10/08 and got the receipts. However, I received a letter today that they have put me in removal proceeding. I am looking for a lawyer right now. Just want to see if there is any advice you can offer in the mean time? And if anyone can recommend a good deportation lawyer in San Francisco bay area?

Thank you so much!

 

[JJiang1]

I did change address via customer hot line and I did receive the status update at my current address, but to be honest, it was so long ago that I don't have any proof of it. I guess I wasn't as proactive or organized back then. But now I am keeping track of everything to prevent this from happening again. Thank you for your advice!