Green card status - DESPERATE FOR ADVICE

C

Christine74

New Member
I have a complicated case that I desperately need advice. Been told by lawyers that I may be put in jail or deported back to Vietnam. I do not know the status of my case right now since my green card was confiscated by an immigration officer. I have been studying here with my green card and social security number. (Even got federal aid) My dad was in the service. I left the country with plans to get married. I stayed there for seven yrs. My fiancee got me a visa K . I came back but found my fiance cheating on me and never got married. My mom then sponsored me. First interview back the immigration officer said "really easy for you, right? Come in with a visa K, then change it to your mom?" He took it and left. Now, I don't know what that means. I am now married to an American citizen, all my family are naturalized, and I have two children born here. I did have one lawyer, but he turned out not to be a real lawyer, but a bad paralegal that advised me down the wrong path.
 
Can you be more specific if you want advise. You need to clearly state your problem and your timeline. The above post does not make sense. Did you or did you not have a green card. If it was confiscated, when, where and why?
 
Let me see if I understand.

You somehow got a greencard years ago. Then you left the U.S. and stayed away for 7 years. That caused you to lose your greencard.

After losing your greencard status, you were brought back as K-1 fiance.

You did not marry the K-1 petitioner but did not leave like you were supposed to.

After remaining illegally in the U.S. building up a great deal of unlawful presence.

Your mom (?LPR or USC?) filed a petition for you.

You tried to adjust status but were denied because you were PROHIBITED BY LAW from adjusting as anything other than the spouse of the K-1 petitioner.

You eventually married a USC and and have 2 children (?born in the U.S.?).

Now you are stuck between a rock and a hard place. You can't adjust and you can't leave without having an unlawful presence bar to returning for 10 years UNLESS you can qualify for an "extreme hardship waiver" via Consular Processing.

Hope and pray that your USC spouse and/or ?USC or LPR? parent can demonstrate "extreme hardship" if you must remain abroad for 10 years. Your children are not qualifying relatives for this waiver under INA 212(i). The spouse, as caretaker of the children in your absence, if they stay with him, may only be used as pawns in the spouse's claim of "extreme hardship".
 
Your case has no hope, the only person that you could have got you a legal status without leaving the US was your K-1 in the required time frame.
The only thing you can wish for is if once in removal fight to get a Voluntary Departure. But even that comes with a big IF.
 
This case is a compound disaster of epic proportions. It is rare for somebody to have so much flagrant disregard for immigration law. Enter with a K1, don't get married, overstay and switch to sponsorship by parent, then marry somebody other than the K1 petitioner and apply for adjustment of status? And during that time, you're using the old green card to pretend to be a permanent resident so you can study and fraudulently get financial aid? It's like you're spitting in USCIS face at every step. The interviewer couldn't believe that you would be crazy enough to show up for an AOS interview after all that, and expect them to approve you.

You will surely be deported, unless you can claim US citizenship based on one or both of your parents becoming a US citizen while you were still living in the US as a green card holder before you turned 18.
 
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I agree. It is one of those cases where after reading about it, the first voice inside you is "Get out and remain out".

Jackolantern said:
It is rare for somebody to have so much flagrant disregard for immigration law. Enter with a K1, don't get married, overstay and switch to sponsorship by parent, then marry somebody other than the K1 petitioner and apply for adjustment of status?
Click to expand...
 
Ignorance of immigration law isn't "flagrant disregard". The restrictions on the K visa aren't exactly well-known by lay people, and it looks like our OP was defrauded by someone masquerading as an attorney.

She needs a real attorney.
 
TheRealCanadian said:
Ignorance of immigration law isn't "flagrant disregard". The restrictions on the K visa aren't exactly well-known by lay people, and it looks like our OP was defrauded by someone masquerading as an attorney.

She needs a real attorney.
Click to expand...

Using the dead green card to go to school after entering with the K1 visa shows that it wasn't just ignorance. Ignorance would be (attempting) to use the dead GC to reenter the US, instead of bothering with the K1. And I'm sure the consulate would have said verbally or on paper that there is a 90-day limit to marry. The OP knew she was overstaying when she didn't leave after the 90 days. No lawyer, not even a resurrected Johnny Cochran can save this case, other than the claim to US citizenship through a parent.

But yes, it was ignorance to file for AOS after all that happened.
 
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I have to respectfully disagree. I came to the US on a K-1. At each and every stage the K-1 restrictions and process are explained, verbally and in writing. The I-129F instructions, the K-1 interview at the consulate, entering the US, the I-485 instructions, etc all make it clear what needs to happen for K-1 applicants.

TheRealCanadian said:
Ignorance of immigration law isn't "flagrant disregard". The restrictions on the K visa aren't exactly well-known by lay people, and it looks like our OP was defrauded by someone masquerading as an attorney.
Click to expand...
 
Christine74 said:
I have a complicated case that I desperately need advice. Been told by lawyers that I may be put in jail or deported back to Vietnam. I do not know the status of my case right now since my green card was confiscated by an immigration officer. I have been studying here with my green card and social security number. (Even got federal aid) My dad was in the service. I left the country with plans to get married. I stayed there for seven yrs. My fiancee got me a visa K . I came back but found my fiance cheating on me and never got married. My mom then sponsored me. First interview back the immigration officer said "really easy for you, right? Come in with a visa K, then change it to your mom?" He took it and left. Now, I don't know what that means. I am now married to an American citizen, all my family are naturalized, and I have two children born here. I did have one lawyer, but he turned out not to be a real lawyer, but a bad paralegal that advised me down the wrong path.
Click to expand...

Please update us with what up to you. Like jackolantern said, this is compound disaster of epic proportions and I would like to know how it played out.
 
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