Can we get any Relief for my wife.

D

dave74

Registered Users (C)
Hi,

I have received the NTA for my wife who was OOS for 7+ years and my attorney still told us to file for her I-485 and didn't advice to file H4 - Nunc Pro Tunc and apparently, we have received the NTA for my wife after appearing in the interview in Oct. 2009.

I still have my H1 and EAD with I-485 Pending.

Is there any way we can extend the Deporation proceeding until I get my GC or for any period of time ? My PD is May 2006.

Is there any relief if we appear in the court and ask for Voluntary Departure like Removal or Reducing of the bar she will incur ?

Please let me know if anyone can come up with any other idea or thought.

I am in the process of consulting a deportation lawyer, but also wanted to find out other thoughts or ideas so that I can collect more information from the lawyer.

Please reply. :(
 
She can always ask the IJ for VD, be prepared to show a valid passport, have the funds needed for a ticket, or be prepared to also pay a departure bond.
 
Yes, thats right, but do you think that asking for VD will help her get back to US once she goes back to India ?
 
dafortycal said:
She can always ask the IJ for VD, be prepared to show a valid passport, have the funds needed for a ticket, or be prepared to also pay a departure bond.
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How would that get around the 10-year bar? My understanding is that the 3-year bar can be avoided if one does VD, but not the 10-year.
 
Yes, I am sure its hard/impossible to get the waiver for a 10 year ban.

We have applied H4 - Motion to Commissioner, waiting for hopefully positive result. If we get the Nunc Pro Tunc Approval, I guess we should be fine, even though we have to appear in the court in front of IJ and tell them that since she is now in status, to cancel the Removal Proceedings.

What do you think ? Can that be done if the NPT Motion gets approved ?

Thank you.
 
Hi,

Please someone reply. I didn't receive the date to appear by mail, but today, i checked by the phone support and it said, its scheduled to June 10, 2010. The lawyer I wanted to hire raised his fees by 100% as it was quick scheduling.

Anyways, I want to know is it possible for my wife to go to India and come back on H4 as my H1 is still valid until 2012. Thats what this attorney is saying that he can speak to the judge and get the extension of approx. 4 months and go to India and he will give my wife a letter explaining the situation and then she can get the H4 visa.

Is this true, can she still get H4 based on my valid H1 even if after so many years of expired H4 visa ?

This new lawyer is saying confidently that my pending H4 will not get approved and he is so confident that he will write a letter and give it to my wife to present in US Consulate in India and they will approve her H4 visa.

Please reply as this is becoming very critical for me, i am doing everything I can do from my end, please post your experience or suggestion or expert advice.

My Court Date is June 10, 2010, Please reply ASAP.
 
dave74 said:
Please someone reply.
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Once you get into removal proceedings there are few people on a message board who can help you.

This new lawyer is saying confidently that my pending H4 will not get approved and he is so confident that he will write a letter and give it to my wife to present in US Consulate in India and they will approve her H4 visa.
Click to expand...

The new lawyer is an idiot. The instant she leaves the US prior to the nunc pro tunc petition being approved the 10-year bar kicks in.
 
Dear Mr. RealCanadian,

Thank you for your response.

I am thinking of asking the new lawyer to extend the proceedings based on the pending H4 Motion, that way, if it gets approved, I can go back and ask for removal of proceedings.

Please suggest me as you know the attorneys I found are not always reliable.

Thank you for your help.
 
Hi,

I went to the court today and got 4 months extension so that I can wait for the H4 Motion outcome.

The attorney whom I hired to go with us to the court, told us that I can file Form I-824, transfer my H1 to India and then my wife can get another H4 Visa from the US Consulate and come back.

I haven't seen anything like this on the internet, I hope this can be done, but want to find out from the experienced guys on this forum.

Please, I have been hiring lawyers, but not getting clearer answers thats the only reason I am posting here to get the 2nd opinion, so Please reply.

Thank you,
 
dave74 said:
The attorney whom I hired to go with us to the court, told us that I can file Form I-824, transfer my H1 to India and then my wife can get another H4 Visa from the US Consulate and come back.
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An I-824 merely informs the consulate of your approved petition, nothing more. That doesn't overcome your wife's current 10-year bar which will kick in the instant she leaves the US.
 
TheRealCanadian,

Thank you for all your to the point responses, you are really very helpful.

I am really hoping for the H4-I290B Appeal to be approved. Thats the only hope I have to stay here with my family legally.

Thanx Again.
 
TheRealCanadian,

Can you tell me at what point, my wife will not be allowed to enter US, will she not get the Visa if she goes for H4 stamping in India or she will not be allowed to enter US at the POE ?

I am still waiting for the result of the I-290b Motion.

Please reply,

Thank you for all your help.
 
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