If one never leaves U.S. after Voluntary Departure, can AOS be acquired?

V

VPM

New Member
If one was granted Voluntary Departure in 1985 but never left U.S., and has since married a USC and I-130 was approved in 1997, can adjustment of status be acquired? At the I-485 interview, the officer said the INS lacked jurisdiction for AOS due to a Warrant for Deportation since this person never left the U.S.

Officer instructed him to file I-212 and I-485 with Immigration Court; however, Imm. Ct. told him that case is so old it probably will not grant Motion to Reopen to accept the applications.

Any suggestions would be greatly appreciated.
 
same case and remedy

I have same case , previously I tried to open the motion which was deny by the INS. But march 6th 2002 One similar case is got thru in San diego see ( BIA decission # 4363. ) you can apply with the reference to this case and open the motion again . i,m sure you will get thru.
Jag
 
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