Do I have chances of getting a green card? Please, any advice is appreciated!

G

gubano

Registered Users (C)
Hello,
I really need your help!
This is my situation:
I was granted asylum in 2007. Last year trying to save my fiancée’s life, I brought her to the Mexican-American border where we both were arrested. She asked for protection in the USA and provided proves. The only problem was that we were not married. To be exact, we just didn’t have a chance. After 1 month of legal proceedings, the judge wrote “time saved” and I was released (I guess it was a misdemeanor). In a few months she was granted asylum. As soon as she was released we got married and now we are expecting such a hoped-for baby.
I’d like to apply for a green card this year, but I don’t know if I qualify. Except what happened to me last year, my record is clean. Please, tell me if I have a chance of getting green card and if not, how much time should pass for me to apply.
I’m looking forward to your reply, as your opinion is very important to me. Thank you very much.
 
gubano said:
Hello,
I really need your help!
This is my situation:
I was granted asylum in 2007. Last year trying to save my fiancée’s life, I brought her to the Mexican-American border where we both were arrested. She asked for protection in the USA and provided proves. The only problem was that we were not married. To be exact, we just didn’t have a chance. After 1 month of legal proceedings, the judge wrote “time saved” and I was released (I guess it was a misdemeanor). In a few months she was granted asylum. As soon as she was released we got married and now we are expecting such a hoped-for baby.
I’d like to apply for a green card this year, but I don’t know if I qualify. Except what happened to me last year, my record is clean. Please, tell me if I have a chance of getting green card and if not, how much time should pass for me to apply.
I’m looking forward to your reply, as your opinion is very important to me. Thank you very much.
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you have a shot. But you will need the representation of an excellent lawyer.
 
yes absolutely! u do have a shot! but as thankful said u will need a really really good lawyer to put together a convincing case! good luck
 
Thank you for your replies! The problem is to find a good lawyer who is interested in winning the case more than in money :(
 
First of all, Superman, I would like to say congratulations ! for what you 've done and the risk you took.

Tell us where you live may be someone knows a good lawyer in the area.
 
Hello GCman2005,
I'm not a superman... just when you have nobody but one person who is everything to you and he/she is in danger, I guess everybody would do the same. Thank you for your reply. We live in Atlanta, GA.
 
First of all, if you were arrested, when they fingerprint you, they will always find out. Therefore, it does not matter how long you wait.

Secondly, they will not deny your I-485 application without interviewing you. So, you have at least one year to find an attorney, if that is really necessary.

I would file the application after one-year, and wait for the interview notice.

At the same time, try to go to the court to get the disposition letter from them.
 
Thank you, Windywd, that you found time to read my problem and replied. I will use your advice!
 
gubano said:
Hello,
I really need your help!
This is my situation:
I was granted asylum in 2007. Last year trying to save my fiancée’s life, I brought her to the Mexican-American border where we both were arrested. She asked for protection in the USA and provided proves. The only problem was that we were not married. To be exact, we just didn’t have a chance. After 1 month of legal proceedings, the judge wrote “time saved” and I was released (I guess it was a misdemeanor). In a few months she was granted asylum. As soon as she was released we got married and now we are expecting such a hoped-for baby.
I’d like to apply for a green card this year, but I don’t know if I qualify. Except what happened to me last year, my record is clean. Please, tell me if I have a chance of getting green card and if not, how much time should pass for me to apply.
I’m looking forward to your reply, as your opinion is very important to me. Thank you very much.
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Mr. Why were you arrested in the first place....I understand that your fiance was coming through the mixican-american border...A lot of people do this...however, I don't understand why you were arrested and how they immigration/police figured out that you have something to with the girl...In any case, from my own experience, I would not worry too much about this...and If I were I would try it by myself first and then if I hit a rough road then hire lawyer....It somes times feels bad when one pays a hefty fee for something that may not even come up in the process... good luck
 
gubano said:
Thank you, Windywd, that you found time to read my problem and replied. I will use your advice!
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Go get the disposition letter, usually they will ask you for a small fee. You will need it anyway in the interview. Get the original one with the Court's seal. In the disposition letter, they will list the section of the law you have violated. Do some research or ask an attorney how serious it is. Usually the law itself will tell you that this violation is "punishable by ......". Also, hopefully this does not have anything to do with your lying, forging documents, etc...
 
Faysal, I was arrested, because it was me who brought her to the border. As we found out later, I didn't have the right to help her unless she was my wife. But as I've already written before we didn't have any chance to marry earlier. Thank you for your reply.
 
You are mising a major dimension here. Assisting another person to enter the country illegal renders you inadmissible under section 212(a)(6). Whether you were criminally prosecuted is not relevant as long as the USCIS has enough evidence that you did what you did. You are going to need a 209(c) waiver.
 
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thankful said:
You are mising a major dimension here. Assisting another person to enter the country illegal renders you inadmissible under section 212(a)(6). Whether you were criminally prosecuted is not relevant as long as the USCIS has enough evdience that you did what you did. You are going to need a 209(c) waiver.
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Thankful,

I think if he was charged with "smugggling" (212 (a)(6)(E)) USCIS should have started removal proceeding against him already. I suspect he was charged with something else....
 
windywd said:
Thankful,

I think if he was charged with "smugggling" (212 (a)(6)(E)) USCIS should have started removal proceeding against him already. I suspect he was charged with something else....
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Starting removal proceedings against an asylee for a reason that does not lead to revocation of asylee status is an exercise in futility.
 
But it looks to me that the authorized waiver only applies to LPR assisting the person who is, at the time of the action, their spouse, parent, son or daughter (and no other individual) to enter the United States. If inadmissibility can not be waived, he will be asylee forever?

Man, I really hope they charged him something else.
 
windywd said:
But it looks to me that the authorized waiver only applies to LPR assisting the person who is, at the time of the action, their spouse, parent, son or daughter (and no other individual) to enter the United States. If inadmissibility can not be waived, he will be asylee forever?

Man, I really hope they charged him something else.
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There is a waiver available under 209 (c) that he can qualify for.
 
thankful said:
There is a waiver available under 209 (c) that he can qualify for.
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You are right..... Isn't that waiver granted routinely, though? especially both of them now are asylees.

I still hope he was charged something else: this type of waiver is completely discretionary and no court can even review, the highest he can go is BIA.
 
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windywd said:
You are right..... Isn't that waiver granted routinely, though? especially both of them now are asylees.

I still hope he was charged something else: this type of waiver is completely discretionary and no court can even review.
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It does not matter what he was charged with. What matters is what he did and the officer reviewing the adjustment case will look at the facts. We do not need a criminal charge or conviction for this bar to stick. He did not detail what he did but it sounds like his conduct is covered by 212(a)(6)(E) which is very broad. See this new 9th Circuit case: http://www.ca9.uscourts.gov/datastore/opinions/2009/03/26/0475584.pdf.

so it is almost certainly true that 212(a)(6)(E) will prevent him from getting his GC. He will need to get a 209(c) waiver. It is a close call if he will get the waiver granted. I said above that he needs a good lawyer and I repeat that here.
 
thankful said:
It does not matter what he was charged with. What matters is what he did and the officer reviewing the adjustment case will look at the facts. We do not need a criminal charge or conviction for this bar to stick. He did not detail what he did but it sounds like his conduct is covered by 212(a)(6)(E) which is very broad. See this new 9th Circuit case: http://www.ca9.uscourts.gov/datastore/opinions/2009/03/26/0475584.pdf.

so it is almost certainly true that 212(a)(6)(E) will prevent him from getting his GC. He will need to get a 209(c) waiver. It is a close call if he will get the waiver granted. I said above that he needs a good lawyer and I repeat that here.
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You are right on this. This is a really close call. Most of asylees receive waiver for whatever they did before the asylum grant, not after.

Hopefully, they realize that he did not do this for money, and he had bona fide marriage, and his now-wife has credible fear of persecution.

Dude, I think you probably need to hire a good attorney. Exclude anyone whose service covers from real estate closing to divorce. Go find immigration attorneys...
 
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