Arriving alien with Order of Supervision married to USC

N

ngjokaj

Registered Users (C)
Hi,
I have a never ending immigration problem that no lawyers seems to know what to do with. I live in NY. My husband is from Kosovo. He came to the US in March 2001 with a fake passport. He was apprehended and put into jail. He applied for asylum which he was denied in December 2002 and later was denied the BIA appeal in March 2003. He is now being deported from that case, but when we reported to immigration for him to be deported in March 2005, they gave him an Order of Supervision, for which we report to Immigration every 3 months. The deportation officer said they were giving us time to get the GC.

We were married in August 2003 and applied for an I-130 in Sept. 2003. We finally rec'd approval of the I-130 in Sept. 2005 after a STOKES interview. I have now just submitted the I-485 application and have been waiting for a receipt for 1 month. Our lawyer told us (as did many other lawyers) that by law my husband is an arriving alien that is being deported and as such he can not apply for a GC. I sent it in anyway and hope that they give it to him. The woman that gave us the I-130 said she did not know about that law and maybe they will give it to us if they don't know about it either. There have been cases in other Circuits that have made it possible for people in my husbands situation to apply for the GC, but in NY we are still waiting.

Does anyone else have a case similar to this? Any advice?
 
When you say "He was apprehended and put into jail" Did he make it into the US and was later arrested or was he immediately apprehended at the POE?
 
He was immediately apprehended at the airport when he produced the fake passport. I believe that is why he is being considered an arriving alien.
 
And you said that your lawyers doesn't know what to do?
A person in deportation proceedings (as your husband) cannot apply for AOS even if is married with a USC. I don't understand the part that how the deportation officer told you that will give you time to file for GC, or it was referring that you apply for I-130?

What woman is the one who "gave" you the I-130?
 
When my husband and I appeared for the deportation the deportation officer said he is going to give us an Order of Supervision so we have time to get the I-130 and the GC. I told him that our lawyers told us that we cannot apply for the GC because he is in deportation proceedings and he said go ahead and apply anyway. The immigration officer that approved our I-130 also said to go ahead and apply for the GC. Our lawyer explained the law to her and she said that she had never heard of that law and that maybe we would have good luck and that the person processing out I-485 wouldn't know that law either. So we should go ahead and try.

My lawyer said he would not do the I-485 because he knew it would not be approved and did not want to take our money for nothing. So, to make my husband and I feel better that we were at least doing something, I prepared the I-485 and our lawyer checked it over and then he sent it in. It has been almost a month and I still have not rec'd a receipt.

My lawyer did say that we might able to reopen the deportation case based on an approved I-130 and see if we can adjust his status that way. But, my husband lawyer for his asylum case lost his paperwork so we have also file a Freedom of Information act to get all of the paperwork that our lawyer might need to do that. We have also been waiting to see if the law changes in our circuit like the other "Succar" cases which would better our chances of getting the AOS.
 
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