Bishop05

New Member
Hi Everyone, Thank you and advance for your response.
To make long story short.
I arrived in the USA in 2002 (age 17) on a B2
I applied for Asylum and after 5 years back forth to court my case was denied (in 2007). (decision: Even know I showed evidence of endangerment if returned, my credibility was not good enough/ Immigration lawyer promised to appeal if approved :( .My lawyers (Free) dropped me 2 days before the appeal was due (after they promised to do so).
I couldn't even afford to pay for the room I was staying as I never qualified for work permit. I decided to stay because I wanted to live and not go back to die.
In 2011 I got married to a US citizen and got Bonified by immigration with no issues was approved. My lawyer told me we should wait for a "Motion to Reopen" until we have kids. Now I have a 3 year old daughter and EIN/ITN and own an online business that pays as well as a great job and I can take care of my daughter by staying hoe some days.
My country has became relatively safe and now I think I can go for at least 2 years without crossing much danger.
My wife has gotten really scared and her anxiety about this has gotten so bad that she had to go the emergency care visit twice in the past 3 weeks. Because we always thought that I could go back and apply for waiver of the 10 year ban and hopefully comeback to my family within a few years. But she has spoken to our lawyer on the phone and he said we I did not qualify. That's why she has been taking these very hard.
The reason I was very confident is because I have 3 friends I know (Mothers) who have done it and came back within 1 year. 1 have crossed the border, married to a Naturalized citizen and lived in the US for at least 20 years and has 3 kids.
Any answers would be appreciated.
 
Normally, if you entered legally, as you did, and you are married to a US citizen, you can do Adjustment of Status in the US without leaving the US, without needing any waiver, no matter how long you overstayed. However, you applied for asylum, and when you were denied, you were likely put into removal proceedings in immigration court, which means you probably were ordered deported, and just didn't leave. I believe you would have to first get the I-130 petition approved, and then somehow reopen your removal proceedings and file Adjustment of Status (I-485) with the immigration judge in immigration court. You would need a good immigration lawyer for this, especially these days. Something I don't understand is why you are talking about leaving the US and getting a waiver; do you think you are not eligible for Adjustment of Status in the US?
 
Thanks for the tip/reply Newacct. You've given me some hope.
I have spoken with 2 lawyers so far in the past for years (One last years). They have sidelined and approached the Immigration attorney side off the record and the immigration attorney as said They will not reopen any "Motions to reopen" basically anyone who's filing to Motion to reopen is being denied and file sent directly to ICE (basically this is a bad time).
I know that since my wife health has been affected by this situation (god f, it could help to get it reopen. But I'm a little scared and I know it won't help being deported so I need to be Proactive. I honestly can't afford to something bad happening to wife (God forbid, I could never live with myself) and worse I'd be deported and not be able to raise my daughter.
I wish to find an experience lawyer on the East coast who has done this successfully.
 
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