I came as a fiancee and didn't get married. Decided to stay anyway. After 2 years living in U.S. applied for asylum, was granted withholding of removal, the reason was that I applied after allowed 1 year. My mom U.S. citizen filed a petition I-130 for me. The priority date is coming up. I was told that even if I file all the needed paperwork to change status I-485 it will be denied. Some attorneys say it's true, some say it won't be a problem. Who is right?
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to get Green Card with Withholding of Removal
- Thread starter allen141
- Start date
I came as a fiancee and didn't get married. Decided to stay anyway. After 2 years living in U.S. applied for asylum, was granted withholding of removal, the reason was that I applied after allowed 1 year. My mom U.S. citizen filed a petition I-130 for me. The priority date is coming up. I was told that even if I file all the needed paperwork to change status I-485 it will be denied. Some attorneys say it's true, some say it won't be a problem. Who is right?
Withholding of removal (WOR) is the "booby prize" of immigration status. It means that you have been Ordered Removed and as such could be expelled at any moment. The ONLY reason that you have NOT been expelled is that it is likely to lead to either: persecution, torture, or death. IF and WHEN circumstances change or some other country is willing to take you, DHS can kick you out.
You then have TWO reasons why you cannot adjust. YOU have an outstanding Order of Removal AND you came on a K-1 visa that forbids any change of status that could lead to a greencard and eventual citizenship other than asylum, when you fail to marry the USC petitioner (even VAWA requires a marriage first). You would have to depart and serve whatever bars are imposed to re-entry or qualify for a hard to obtain waiver of such grounds of inadmissibility.
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Jackolantern
Registered Users (C)
Your I-485 will be denied unless it's through marriage to the same citizen that sponsored your fiancee visa.I came as a fiancee and didn't get married. Decided to stay anyway. After 2 years living in U.S. applied for asylum, was granted withholding of removal, the reason was that I applied after allowed 1 year. My mom U.S. citizen filed a petition I-130 for me. The priority date is coming up. I was told that even if I file all the needed paperwork to change status I-485 it will be denied. Some attorneys say it's true, some say it won't be a problem. Who is right?