i130 granted i485 denied!

Withholding

Registered Users (C)
Hi, I am married to a us citizen. My i 130 got approved, but my i485 was denied. The reason the uscic gave me is, that I entered the country illegally/without inspection. Which I did. In 2006 I was granted withholding. My attorney made the argument with uscis that my WOR status should allow me to adjust my status through marriage. But they denied it again.
If any of you can help me,it would be much appreciated! Thank you.
 
WOR doesn't overcome the fundamental problem, the entry without inspection. I don't think there's much that can be done in your case unless 245i ever comes back.
 
Thanks for the reply.
Is there any way I can ask the judge for voluntary departure and not be band for 10 years?
 
You would not even qualify for cancellation of removal because you don't have 10 years in the U.S. yet and you have already been ordered removed.

WOR is not a permanent status, an EAD is all you get. If you cannot qualify for 245(i) which apparently you didn't, stay put and wait for the law to change.

In order to get a greencard at this point you would have to depart and then apply for a hardship waiver in conjunction with Consular Processing for an Immigrant Visa (not an easy thing to do).

If you have a strong enough case for a waiver, you could try BUT if it failed, you would not be able to come back for a long time (10 years). Otherwise, stay put with the WOR and renew your EAD every year.
 
I've actualy been in the states for 12 years. I originally applied for asylum in 2000, my case was complicated so it went on for six years, before I was granted WOR. I've been married for six years with a 2 year old child. Criminally/financially my record is clean. Would that qualified me for cancellation of removal?
Thanks for your help guys.
 
I've actualy been in the states for 12 years. I originally applied for asylum in 2000, my case was complicated so it went on for six years, before I was granted WOR. I've been married for six years with a 2 year old child. Criminally/financially my record is clean. Would that qualified me for cancellation of removal?
Thanks for your help guys.

The clock on accruing time for cancellation is strictly controlled. It must come after having been admitted in any status and ends upon one of certain events, one of those is issuance of an NTA or the former OSC which is the document placing you in Removal Proceedings.

Two 9th Circuit decisions came down today addressing this very issue.

http://www.ca9.uscourts.gov/datastore/opinions/2011/06/03/08-71427.pdf

http://www.ca9.uscourts.gov/datastore/opinions/2011/06/03/08-72252.pdf
 
I am not sure I understand your answer!

You were never admitted so you have not accrued any time at all for cancellation purposes. If you had entered legally and overstayed, you would have accrued time until being placed in proceedings.
 
You were never admitted so you have not accrued any time at all for cancellation purposes. If you had entered legally and overstayed, you would have accrued time until being placed in proceedings.

So the only way to qualify is to have entered legally?
 
BigJoe5 aren't this two nine circuit decisions based on someone who is a green card holder?

Yes, instead of the never admitted barrier you have to prove exceptional and extremely unusual hardship to a qualifying relative but your accrual of time stopped a long time ago. Also read INA 240A(c)(6) and (d)(1).

INA 240A = 8 USC 1229b. Cancellation of removal; adjustment of status

(c) Aliens ineligible for relief

The provisions of subsections (a) and (b)(1) of this section shall
not apply to any of the following aliens:

(6) An alien whose removal has previously been cancelled under
this section or whose deportation was suspended under section
1254(a) of this title or who has been granted relief under section
1182(c) of this title, as such sections were in effect before
September 30, 1996.

(d) Special rules relating to continuous residence or physical presence

(1) Termination of continuous period

For purposes of this section, any period of continuous residence
or continuous physical presence in the United States shall be deemed
to end
(A) except in the case of an alien who applies for
cancellation of removal under subsection (b)(2) of this section,
when the alien is served a notice to appear under section 1229(a) of
this title, or (B) when the alien has committed an offense referred
to in section 1182(a)(2) of this title that renders the alien
inadmissible to the United States under section 1182(a)(2) of this
title or removable from the United States under section 1227(a)(2)
or 1227(a)(4) of this title, whichever is earliest.
 
BigJoe5 thanks for all your help.
So because I was granted WOR my accrual of time has stoped and therefor I am ineligible for COR?
Thanks again!
 
BigJoe5 thanks for all your help.
So because I was granted WOR my accrual of time has stoped and therefor I am ineligible for COR?
Thanks again!
 
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