I-130/485 and Removal!

S

shk

Registered Users (C)
Hello,

My student visa expired in Dec 2000 and later I was married to a US citizen in Oct 2002 when I was under removal proceedings. Unfortunately, the marriage has ended in a divorce which will be finalised this month. Until now, I have not received my EAD which may be due to my removal. We sent all the forms to the Texas Center.
My removal hearing is in December and I was wondering what my options are at this moment. If I get a H-1 visa will I be able to stay in the US? Do I have to leave the US until my H-1 is approved?

Thanks
 
Unfortunately, looks like you might be subject to deportation and even a bar from coming back to US. So you might want to consider an immigration attorney.
 
Hi Vhooloo,

Thank you for your reply. I spoke to an attorney and he told me that I would be able to apply for Asylum, but since I'm from India, I don't think it is a good idea besides the fact that it's an expensive process.
Does the deportation apply even if I get the H-1 visa?

:confused:
 
Buddy,

The problem is you won't even get a H1 as soon as they detect you have illegal stay and are being deported. What I think is if you have pending I485, you are in status, right? Has it been cancelled? How did you apply for I485? Did you use 245i - because you had accrued illegal stay?

No need for EAD for status. If your I485 not cancelled yet then you will be in Status until they adjudicate.
 
Hi Vhooloo,

You are right that I am in status since my I-130/485/765 were filed after my marriage. Why would my I485 be cancelled? Maybe it was my mistake......my 60 days waiting period for the divorce is over but I haven't been to the court yet, as the divorce is not yet over. I was wondering if I could still cancel it.......for my ex wants to reconcile.
Can I work full-time eventhough I have not received my EAD? It's been almost 10 months now since we filed the papers.
 
You're right - your I485 does not get automatically cancelled. I was under impression that maybe your spouse had written-in to cancel, which is why you were wondering if you were in status.

Anyway, if you are going to reconcile, go for it (both from a moral and practical point of view).

No you cannot work legally without EAD. That would be another strike against you. You should have filed for 245i which would have expunged your past immigration violation from an I485 point of view. If they denied EAD then no reason they would grant H1 any easier. However, if you have applied for EAD and 3 months have passed, then in theory you can get an interim EAD (iEAD) automatically from local office. However, caveat is that you have to go in person, and if there is deportation order or hearing, I don't know if they will create trouble.

Have you checked the status of your EAD online? If you have the eac receipt number, you can do that.

My advice - What I think you do is to consult a lawyer as to the specifics of your case and to represent you.
 
vhooloo,

My spouse did not cancel the I485, we're on good terms. I hope it works out well. We have been seperated for a while now, so I thought I didn't stand a chance with this process....and started looking for the H-1 route.

I think I figured what the problem is. I called my lawyer's office and asked them about the receipt number so I could check the status online. They have been evasive about this before, when I called about a couple of months ago.

Today they said that since I was in removal proceedings, my application did not have a receipt number......that was it!! I think I need to drag my lawyer down to the field office. I wasn't really keen on the EAD cuz I thought the marriage was over. I just read on the bics web site that if it takes more than 90 days, they would
expedite the EAD card.
 
SHK

Good for you that things are looking up. Kick your lawyer's A** and get your eac number - then go get your ead.

Good luck
 
SHK

Why are you in removal proceedings?? is just because of an overstay or some other issue??

that is another factor for your stay in the US.
 
Hi Sachin,

I was in removal proceedings since my student visa expired in Dec 2000 and the ins caught me in Dec 2001. I got married before my next hearing.
 
SHK,

when it comes to removal proceedings it's advisable that you get the services of a very competent immigration lawyer because this is your last chance of staying in the US.

as for your pending I485 / I130 the Immigration Judge would grant a dismissal of your removal if he is able to conclude that you married in good faith (the whole 9 yards) Like I said earlier please do consult an immigration attorney.. If you need one I can give you a referral..

HTH
 
Shk

I just read and re-read your posts.. Did you say you filed your I130 + I485 at the Texas Service Center?? You should have sent them to your local district office (hence the delay)

but Like me or a few others have suggested it is very important that you hire a very good immigration attorney to handle your Removal Proceedings.

If you get divorced your I130 will automatically be cancelled which would bump off your I485.

HTH
 
Sachin,

I was under the impression that all the forms would be sent to the TSC, but my lawyer told me that they sent all the forms to the local district office.

My wife and I have started to work things out. I have put the divorce on hold for now. As for the lawyer, I guess what they say is right that "You get what you pay for" !

If you or anyone reading the posts know of a very good attorney in Houston, you can let me know.
 
You must log in or register to reply here.
Top