Hi,I need help,please.

viper7

New Member
I came to the USA in 2001 on F-1 visa.I went to school the first semester,failed the second one due to some problems.I did not enroll in classes during spring 2002 because i didn't have money.Anyway when i was ready to go back to school I applied for reinstatement.The immigration officer denied my application and he said there's no appeal from this decision.The reason he stated is:
8 CFR Reference:part 214.2 Section (f)(vi)(16)(ii)(5)(i)
This letter says that I am granted until 22 dec 2002 to voluntarily depart the coutry ant there's a warning:
"Your failure to leave the US by the axpiration date of your volunraty departure makes you subject to the following penalties,in accordance with section 240B(d) of the Immigration and Nationality Act,as amended:
A. A civi;l penalty
b. Ineligibility, for a 10-year period, for any further relief under section 240A,240B,245,248 and 249 of the INA,as amended.
So, my problem is I've talked to many immigration lawyers and they all say different things.One sais there's nothing to be done-you have to hide in a closet and wait for ammnesty.The other one said I can take your case to court but they'll deny and they'll deport you.So recently I talked to one lawyer and she said that i don't have a deportation order and since me and my fiancee are getting married we shou;d just file for I-130 and I-485 and not even mention the letter.She said they weren't supposed to give me a voluntarily departure notice.I am confused.I don't know what to do.If anyone who has any information please help me.Thank you very much.Your help is greatly appreciated.
 
Couple issues here, a) the original decision from immigration is so call the "Adiministrative decision", therefore, there is no appeal available to you; b) since you have now overstayed more than a year from 12/22/02 deadline, you are subject the 10 years ban for eligibility to admit to US. There are not whole lot of option and relief for you under current circumstance, the only possible thing to try (with very slight chance) is to seeking a experienced immigration attoney to ask for "reopen" the case. Successful rate to be granted the "reopen" by immigration court is very small given the description of your situation. Besides, there will be significant financial burden on you.

Best wishes.
 
Well,that lawyer said that since I didn't agree ti the letter and I didn't sign it or ask for the voluntary departure its not valid and we should go ahead get married and file for a green card.I don't know if she is right or she just wants to take our money and doesn't care:)
 
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