Man ,...i dont know what to do ??HELP

Z

zizo79

Registered Users (C)
Hello ,
i married a USC after overstaying my visa for 5 years ..we filed in april the 17th 2006 ,i went for my biometrics ..while i was waiting for the employment authorization ,USCIS sent me a request for evidence about the if i registred in the NSEERS program ,then my lawyer said that he wrote back to them saying that i had no knowledge about it and told that everything will be okay..then when we went for the GC interview on october 2006,it was fine until they sent me to ICE ..they took my fingerprints and photos ..the ICE officer told me that i will have to appear in court ..i still didnt get anything from them and the problem is that i still didnt get my working permit (apllied april 17th 2006) i even had infopass appt. ..,we just had a baby ..so i really need to work to support my family ..and i am still waiting ..what can i do to accelerate my case ?please help me!!i am so stressed
 
i am from morocco ..i thank you for the link ...they said that i will have to appear in court and that they will send me a notice it has been a month and half ago and all i want is to get a working permit so i can support my family ..i don`t really know what to expect
 
yeah I am going through the same, they sent me the RFE, for which I responded that I didn't know about the program therfore I didn't register.
Don't worry as long as your marriage is strong and your I-130 gets approved then you will get your GC, this is what happened to two of my friends, they went in front of the judge and they were granted GC.
I am from Morocco too, and I sent the response to the RFE, and I am still waiting.
Let me know how it turn out, salam .
 
salam .casa1975... in I-130 ,i have both my wife and her dad sponsoring me ..since my wife wasn`t making enough money we had to add her dad ..so hopefully they will accept it ...1-did you at least get you working permit ?
2- do i need to take a lawyer to the court ? how many times did your friends go to court ?
3- and where are you from here in the us and at morocco ?
ana casaoui
 
Basically, you're up for removal because of your 5 year overstay. The only way you can receive LPR is through an immigration judge. He does that in a procedure called cancellation of removal. It is authorized under section 240A part B of the INA.

b. Part B – Cancellation of Removal & Adjustment of Status for non-LPRs
1) Removal of an inadmissible or deportable alien may be cancelled, and the alien allowed to adjust status, if the alien:
a) Has been physically present in the U.S. for a continuous period of 10 years or more, prior to the date of application for cancellation of removal,
b) Has been a person of good moral character during such period,
c) Has not been convicted of an offense involving moral turpitude or aggravated felony, and
d) Establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a U.S. citizen or an LPR.

You need a lawyer. What is your DO? If you are represented you'll likely have multiple court dates. You wont get an EAD while you wait because you are up for deportation. Be glad you are not detained pending the hearing.
good luck
 
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ndc121 said:
Basically, you're up for removal because of your 5 year overstay. The only way you can receive LPR is through an immigration judge. He does that in a procedure called cancellation of removal. It is authorized under section 240A part B of the INA.

b. Part B – Cancellation of Removal & Adjustment of Status for non-LPRs
1) Removal of an inadmissible or deportable alien may be cancelled, and the alien allowed to adjust status, if the alien:
a) Has been physically present in the U.S. for a continuous period of 10 years or more, prior to the date of application for cancellation of removal,
b) Has been a person of good moral character during such period,
c) Has not been convicted of an offense involving moral turpitude or aggravated felony, and
d) Establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a U.S. citizen or an LPR.

You need a lawyer. What is your DO? If you are represented you'll likely have multiple court dates. You wont get an EAD while you wait because you are up for deportation. Be glad you are not detained pending the hearing.
good luck
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The weird part is you didn't get a work permit before..I guess because now the cases are going fast this days..i strongly suggest to take a lawyer with you of couse i know i know it cost money and specialy for cases like this lawyers go wild..but think of it as this is your future and your family future...you have a good chance and very very good chance because of your baby so don't worry as long as you have a good moral character and your marriage is strong you will be granted G.G....when is your court date???
 
ndc121 said:
Basically, you're up for removal because of your 5 year overstay. The only way you can receive LPR is through an immigration judge. He does that in a procedure called cancellation of removal. It is authorized under section 240A part B of the INA.

b. Part B – Cancellation of Removal & Adjustment of Status for non-LPRs
1) Removal of an inadmissible or deportable alien may be cancelled, and the alien allowed to adjust status, if the alien:
a) Has been physically present in the U.S. for a continuous period of 10 years or more, prior to the date of application for cancellation of removal,
b) Has been a person of good moral character during such period,
c) Has not been convicted of an offense involving moral turpitude or aggravated felony, and
d) Establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a U.S. citizen or an LPR.

You need a lawyer. What is your DO? If you are represented you'll likely have multiple court dates. You wont get an EAD while you wait because you are up for deportation. Be glad you are not detained pending the hearing.
good luck
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Your analysis is not exactly correct. The OP was not placed in removal proceedings because of his overstay ---- rather due to his failure to register for NSEERS. The rest of your analysis appears to be correct at a glance.
 
thanks ndc and mo-wonder ..i did not get a NTA yet so i am still waiting for it...
ndc121 i heard that other people had it easier than me or is it the same for everybody who is in the same boat as me ?
 
zizo79 said:
thanks ndc and mo-wonder ..i did not get a NTA yet so i am still waiting for it...
ndc121 i heard that other people had it easier than me or is it the same for everybody who is in the same boat as me ?
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I think you are alluding to the fact that others who failed to register for NSEERS were not placed in removal proceedings. While it is common, there are many who are not placed in removal proceedings. Even some cases where USCIS never even referred the person to ICE. There appears to be some interagency "confusion".

Good news is that your problem is most likely one that can be overcome. I trust you have a good attorney to hold your hand.
 
so what you guys are saying is that is going to take a very long time until i get a GC ...or at least an EAD ..that really stresses me ...so if i was f.e . from any other country than the ones in the NSEERS ,i wouldn`t had these problems...the problem is that i had a lawyer who said that i will get my GC with no problems ..so when i called him to ask him if he could represent me ..he said that he doesn`t take care of such cases ..can you believe it?>
 
i regret not taking a lawyer to the GC interview..maybe it would have been different for me :(
 
zizo79 said:
so what you guys are saying is that is going to take a very long time until i get a GC ...or at least an EAD ..that really stresses me ...so if i was f.e . from any other country than the ones in the NSEERS ,i wouldn`t had these problems...the problem is that i had a lawyer who said that i will get my GC with no problems ..so when i called him to ask him if he could represent me ..he said that he doesn`t take care of such cases ..can you believe it?>
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Your attorney should probably have researched your case a little better in the initial stages. Assuming he knew you were from Marocco, that should be one of the initial questions he should have asked (Did you register for NSEERS?) ---- but then again, we were not there to judge.

Either way, it would be a good idea to find an attorney to represent you. Immigration court can be somewhat intimidating.
 
since i dont have a lot of money ,i contacted a couple of charity agencies ..they said that they have lawyers who take care of cases like mine ..do you think that i can trust them ?and what do you mean by " Immigration court can be somewhat intimidating" ? thank you so much for you advices
 
I would strongly recommend that you take a lawyer to the court, it depends on where is your DO, someplaces its the judge who decide your case as it is out of the juridaction of the USCIS, as long as your I-130 is approved then the judge will approve your I-485, as it is concidered that failure to register is not ground for removal when you have an approved I-130.
In some others the judge will cancel your removal proceeding and send your case back to USCIS for a second interview and potentialy an approval.
My friends had to appear several time in court, but when the I-130 was approved, one was granted GC by the judge and the other was sent back to USCIS and after the second interview was granted GC.
Its been 3 months and half since I filed and of course I didnt recieve my work permit yet, I am in connecticut , I used to live in casa when I was studying English, but originaly I live not far from casa.
hope everything goes well for you inshallah.
salam
 
zizo79 said:
since i dont have a lot of money ,i contacted a couple of charity agencies ..they said that they have lawyers who take care of cases like mine ..do you think that i can trust them ?and what do you mean by " Immigration court can be somewhat intimidating" ? thank you so much for you advices
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Yes, some charitable organisations do offer such services and do good work. They have actual attorneys that do work for them pro bono or at low fees. Definitely make use of them if you cannot afford a private attorney. I know that in CA and TX, the local bar associations also have services that can assist. Check out what is available in your area.

Incidentally, any court can be intimidating without an attorney, when you are unfamiliar with procedures and the consequences of these procedures.
 
"Your analysis is not exactly correct. The OP was not placed in removal proceedings because of his overstay ---- rather due to his failure to register for NSEERS. The rest of your analysis appears to be correct at a glance."

Pianoplayer- You're confusing grounds for deportation and grounds for inadmissibility. Although failure to register can be considered a ground for denial of AOS and deportation , without overstay and inadmissibility on other grounds it is subject to discretionary waiver. If this were the case Z's case would have taken a different path to the current one.

Zizo - where are you located? A few friends from law school are practicing immigration law around the country. If you are near one I can make sure they won't overcharge.
 
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. Zizo - where are you located? A few friends from law school are practicing immigration law around the country. If you are near one I can make sure they won't overcharge.[/QUOTE]
i am located in pennsylvania ,45 minutes from philadelphia..thanks for all the help guys ,..it is deeply appreciated
 
ndc121 said:
"Your analysis is not exactly correct. The OP was not placed in removal proceedings because of his overstay ---- rather due to his failure to register for NSEERS. The rest of your analysis appears to be correct at a glance."

Pianoplayer- You're confusing grounds for deportation and grounds for inadmissibility. Although failure to register can be considered a ground for denial of AOS and deportation , without overstay and inadmissibility on other grounds it is subject to discretionary waiver. If this were the case Z's case would have taken a different path to the current one.

Zizo - where are you located? A few friends from law school are practicing immigration law around the country. If you are near one I can make sure they won't overcharge.
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I agree in part, but the overstay was not the substantial factor that put Z in his current position --- if he had not overstayed, he would have been subject to the discretionary waiver as you correctly pointed out. But note that this is discretionary. There are several cases where applicants are placed in removal proceedings without overstay.

His overstay merely disqualified him for the discretionary waiver ---- yet, the very reason he is in removal proceedings, is his failure to register. The fact that he overstayed closed off a possible way to get out of it, which is available to cases without overstay.
 
I would advice you to wait and trust your lawyer. You're from Morocco, you overstayed your visa, and this is a post 9/11 era, so your situation will be investigated - I hope you understand what I mean. As long as you haven't committed any serious crimes, you shouldn't have any problem. My friend from Iran was in a similiar situation, but everything went fine after a slow and steady wait.

ULTRON

zizo79 said:
Hello ,
i married a USC after overstaying my visa for 5 years ..we filed in april the 17th 2006 ,i went for my biometrics ..while i was waiting for the employment authorization ,USCIS sent me a request for evidence about the if i registred in the NSEERS program ,then my lawyer said that he wrote back to them saying that i had no knowledge about it and told that everything will be okay..then when we went for the GC interview on october 2006,it was fine until they sent me to ICE ..they took my fingerprints and photos ..the ICE officer told me that i will have to appear in court ..i still didnt get anything from them and the problem is that i still didnt get my working permit (apllied april 17th 2006) i even had infopass appt. ..,we just had a baby ..so i really need to work to support my family ..and i am still waiting ..what can i do to accelerate my case ?please help me!!i am so stressed
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