Applied Marriage Based But Under Deportation

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a_a_a_a1

New Member
Need help...I was beneficiary of pending asylum before marriage. Got married to a US Citizen in 2002. Parents asylum case was denied in 2003, and a 10 year bar deportation order issued against parents and me (beneficiary). After denial of asylum, my wife filed the Marriage Package (I130, 131, 175, 485….) at local and BCIS office in 2003. Local office kept on sending me letter to come-in and get fingerprint/EAD. I did not go in because of deportation order and the 10 year bar. Now the asylum case has gone to 9th circuit, where the briefing process has just started, we have submitted our brief but the government has not yet. In the mean time local office has stopped sending us letter to come-in, but BCIS CA office has forwarded I-130 to district office in Aug 2004. I am expecting for an interview at district office in about 1 month. what should I do:

(1) Is the deportation order NUL now, as the briefing process has started in 9th circuit?
(2) If I get an interview letter from district office, should wife and me go in?
 
(1)Is the deportation order NUL now, as the briefing process has started in 9th circuit?

It is up to the judge to NULL your deportation order.
However you must know that even though the initial deportation orders was issued for a whole family, if ever your parents successfully win their asylum – you won’t benefit from that. In order to get a status as a derivative asylee you have to remain a “child”. Once you married – you are not illegible for such benefit.
You can either apply for an asylum independently, or, as in your case – adjust trough the marriage. This brings us to your second question...

(2) If I get an interview letter from district office, should wife and me go in?

Absolutely! And be well prepared. Not only you have to prove that your marriage is bona fine and not for the Green Card, but you have to bring every receipt and letter you ever got from INS, relevant to the asylum process (to exclude you).

IF you got here illegally you might be in big trouble and won’t be able to adjust trough the marriage. Some asylum seekers get to US illegally, but after asylum granted – it is irrelevant, but for all other categories – it is a big NO.

Also, since your wife filed AOS for you while you were in the deportation procedures – it is another obstacle which might legally prevent you from adjusting.

You have to hire a legal help to guide you trough and go to the interview with you as well. I am sure your parents already have an attorney. Why won’t you talk to him/her?
 
Thanks for your reply...I entered US legally so thats not a problem, but as you wrote because the AOS was filed when the family was under deportation, which puts me in trouble. Only if I could reperate myself from parents asylum case, Which I thinik would be quite tough. I have talked to the lawyer my parents have, and he also suggests that I should go in if interview comes from district office. I am scared that once I go in for interview, they may arrest me because of deportation order. It would not be hard for me to prove that me and wife knew each other for over 4 years before getting married, Could say were dating. So the marriage was not intended for GC, we love eachother. I will be confortable if the deprotation order is NULL by interview date. So questions,

(1) Write some more about deoprtation part. You have said that the 9th circuit judge can Cancel deportation order. So does that mean, once the case starts in 9th circuit court, it automatically does not NULL deprotation order from lower court(BIA)?

(2) What can be done to cancel deportation order, so I could go in for interview not fearing arrest and possible deprotation?
 
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I didn’t say that. I don’t know exact court procedures in this type of case, but it had to be another court order to cancel the previous, the deportation one and your family don’t have it yet.
Only lawyer might answer your other questions.
I don’t think they will arrest you during your interview, but it’s a good idea to have a lawyer present there with you.
Also, I would suggest you post your tread in the “Asylees” Forum instead of “GC through a Family members”. You’ll get more responses here: http://www.immigrationportal.com/forumdisplay.php?s=&daysprune=&forumid=37
 
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