Deportation Process

BetterWorld

Registered Users (C)
#1
Hello!

My friend was denied of I130 petition. They're divorced now. He's out of status now. No criminal record; all clear. Has US born Kids.
I guess he might be deported. Can somebody please explain the process/steps of deportation? and possible ways to avoid it, Please !
 

SusieQQQ

Well-Known Member
#2
The way to avoid deportation is to leave voluntarily. He is out of status, he has no other choice really. If he has less than 180 days out of status and leaves now he will not incur a ban. More than that, or deportation, he will have a ban. Having a deportation on record is a big problem... as I am sure your friend knows.
 

1AurCitizen

Registered Users (C)
#3
Why was the i130 petition denied?

Voluntary departure from the US is the best possible solution. That allows him the option to seek another visa down the road, including after any potential 3/10-yr bans.
 

BetterWorld

Registered Users (C)
#5
This denial happened 3 years ago and now he is not living at same address. Recently he got USCIS case status email that review of I130 was reopened. So my question are:

1- Is NTA first step towards removal?
2- As he is no more at same address, How he'll come to know whether NTA was issued? Can NTA copy be obtained? How?
3- Usually whats there in NTA and how much time they give


Thanks a lot!
 
#6
I am by no means an expert on marriage based cases, but I know for a fact that there is something called bona fide marriage exemption. I.e. if the marriage was valid and he had plans to combine life together, it shouldn't be a problem. Might time to hire a lawyer. I wouldn't DIY something as convoluted as this.
 

SusieQQQ

Well-Known Member
#7
This denial happened 3 years ago and now he is not living at same address. Recently he got USCIS case status email that review of I130 was reopened. So my question are:

1- Is NTA first step towards removal?
2- As he is no more at same address, How he'll come to know whether NTA was issued? Can NTA copy be obtained? How?
3- Usually whats there in NTA and how much time they give


Thanks a lot!
You’ve been out of status for 3 years?
 

newacct

Well-Known Member
#8
I am by no means an expert on marriage based cases, but I know for a fact that there is something called bona fide marriage exemption. I.e. if the marriage was valid and he had plans to combine life together, it shouldn't be a problem. Might time to hire a lawyer. I wouldn't DIY something as convoluted as this.
Marriage must generally be valid on the date you become a permanent resident in order for you to become a permanent resident based on a spouse's petition. If you divorce before you become a permanent resident, as the OP did, you can generally no longer immigrate on the basis of being a spouse. On the other hand, if your divorce after you become a permanent resident, then you can remain a permanent resident as long as you were in a bona fide marriage at the time you became a permanent resident.
 
#9
Marriage must generally be valid on the date you become a permanent resident in order for you to become a permanent resident based on a spouse's petition. If you divorce before you become a permanent resident, as the OP did, you can generally no longer immigrate on the basis of being a spouse. On the other hand, if your divorce after you become a permanent resident, then you can remain a permanent resident as long as you were in a bona fide marriage at the time you became a permanent resident.
I saw a while ago a video on YT on this from a lawyer. He said if the person divorces before the interview (i.e. before getting a conditional 2 yr. GC), then (s)he can go to court and argue that (s)he had every intention to make the marriage work and create a joint life but the USC spouse jumped ship, maybe was abusive, unfaithful, etc. It is a difficult process but it is possible.
 

SusieQQQ

Well-Known Member
#10
I saw a while ago a video on YT on this from a lawyer. He said if the person divorces before the interview (i.e. before getting a conditional 2 yr. GC), then (s)he can go to court and argue that (s)he had every intention to make the marriage work and create a joint life but the USC spouse jumped ship, maybe was abusive, unfaithful, etc. It is a difficult process but it is possible.
Even if that was true (the process you describe sounds more like either (1) after i130 approved but before ROC or (2) someone who came on K1 - which means there is an approved petition before entering the US but divorced before AOS - neither of which situation seem to apply to OP), OP is currently unable to adjust status to anything because he is out of status.
 

BetterWorld

Registered Users (C)
#12
I saw a while ago a video on YT on this from a lawyer. He said if the person divorces before the interview (i.e. before getting a conditional 2 yr. GC), then (s)he can go to court and argue that (s)he had every intention to make the marriage work and create a joint life but the USC spouse jumped ship, maybe was abusive, unfaithful, etc. It is a difficult process but it is possible.
I heard that too
 

BetterWorld

Registered Users (C)
#13
This denial happened 3 years ago and now he is not living at same address. Recently he got USCIS case status email that review of I130 was reopened. So my question are:

1- Is NTA first step towards removal?
2- As he is no more at same address, How he'll come to know whether NTA was issued? Can NTA copy be obtained? How?
3- Usually whats there in NTA and how much time they give


Thanks a lot!
Guys, pls help me questions related to NTA
 

BetterWorld

Registered Users (C)
#14
Marriage must generally be valid on the date you become a permanent resident in order for you to become a permanent resident based on a spouse's petition. If you divorce before you become a permanent resident, as the OP did, you can generally no longer immigrate on the basis of being a spouse. On the other hand, if your divorce after you become a permanent resident, then you can remain a permanent resident as long as you were in a bona fide marriage at the time you became a permanent resident.
Not 100% true though... If one had conditional GC but gets divorced before ROC then he can file alone even if was divorced.
 

1AurCitizen

Registered Users (C)
#16
Not 100% true though... If one had conditional GC but gets divorced before ROC then he can file alone even if was divorced.
That's beyond the scope of this thread, as the "friend" in this thread does not have a conditional GC to begin with. You've been advised.. voluntary departure from the US for out of status individuals is the best scenario recommended.

You seem to have very specific info, including access to email, about your "friend".. tsk tsk
 

SusieQQQ

Well-Known Member
#17
Some interesting old posts from this poster, for sure. I don't have time to go through all of them....
This one from 2012.

Home Visits ?

Wondering if anybody experienced the home visits by USCIS.

Just curious,
Do they ever come to your home to check if you are living together?
Any instances...
 
#19
If I were in a situation where my marriage ended before I got a conditional GC, I'd hire an attorney and go to court and prove via an overwhelming amount of high quality evidence that I had every intention to build a life together with my spouse but (s)he bailed for no fault of mine. I do not think that there is a statue of limitation for such a plea, albeit I could be wrong. It's certainly rare for someone to go through such a process.
 

SusieQQQ

Well-Known Member
#20
So what? Circumstances can change in 7 years. Who appointed you a detective anyhow?
It’s common on this and other immigration forums for people to look at posters’ histories for better context of how to answer them. Often only a small part of the story is told, which can result in inadequate responses. In this case there seems a clear link between concern over whether uscis would check on a marriage being bona fide, and a subsequent denial, and a few years later the situation the poster is in today. Not sure why that offends you.
 
Top