Withholding of Removal & DV 2012

[travelusa2010]

I have Withholding of Removal status and I won DV 2012 lottery, can I adjust this status to get a green card? I qualify for all other parameters in the application process.

If anyone has any experience and can offer assistance, let me know.

 

[sonibago]

you need to talk with a lawyer who has experience in removals AND DV cases.

 

[BigJoe5]

No. Your Order of Removal which is being withheld prevents adjustment of status.

 

[travelusa2010]

So, today I consulted with multiple immigration attorneys in my area and they all told me it's possible by making a motion to reopen our case with the immigration judge who gave as WOR and have him authorize adjustment of status (apparently opening a case after winning DV lottery is easier). Since we entered the US legally and have no criminal records we can not be accused of breaking immigration law (which hinders AOS).

Are they all lying? (I called 6 attorneys, 4 said the same thing as above, 2 said they didn't know).

 

[travelusa2010]

Here is a follow-up email from one of the attorneys I spoke to earlier today regarding our case:

"
It was a pleasure speaking with you today. Congratulations on winning the DV visa lottery! As we discussed, you are indeed eligible to apply for adjustment to a U.S. Permanent Resident. When our clients are in withholding of removal status, approaching DHS Assistant Chief Counsel to join in reopening your case based on important new developments is essential. Our group has successfully done this for clients previously.

Once a motion to reopen your withholding of removal case occurs, you and your family may adjust to U.S. Permanent Resident Status. It is a complex process to go back into court, but we have the experience to successfully file the necessary court papers and motions needed to give you the strongest chance of success.
"

 

[NuvF]

You may find good responses from other forums like
http://forums.immigration.com/showthread.php?322064-BIA-remanded-the-case-to-Judge
chk around there may be more.

Anyways, you will have to do this with a GOOD lawyer, select one carefully.
I am not sure about the chances. Judge WILL NOT just forget about the past case and allow you to proceed with DV. All depend on him/her judging the past case...I think. Chk around more

Best!!

 

[Loveusa2011]

Hi,i have the same case just like u....i wonder did u get successful with your adjustment ? Please to let me know how and which lawyer did u use.....thank u so much...

 

[Tarukh]

Loveusa2011 I don't think he would continue his action due to the invalidation of the 1 May results, but maybe he can give you some advise, all the best.

 

[S_Owoh]

There is a site immigrate2us.net that has a lot of helps for people in legal troubles with immigration processes and they have referals to good lawyers in that type of case.

 

[delit2727]

Get a good lawyer. It's possible. Don't trust forums on the internet when making a decision in your case but refer to a trusted professional. THat's why you are/will be paying those people...because it's their job to know the law and know how to deal with a case like yours.
You have taken the right step. Out of those 4 lawyers who have said they can help you, pick those one who has one the most case LIKE YOURS. If Money is an issue you could go for the cheaper one, if he/she is also good. Up to you...

 

[travelusa2010]

Hi,i have the same case just like u....i wonder did u get successful with your adjustment ? Please to let me know how and which lawyer did u use.....thank u so much...

As Tarukh stated, due to the invalidation of the original DV-2012, I could not proceed with my case. But for the small time I was going to consultations and getting as much information as I could find, it eventually became a merry-go-round with no clear path in sight.

Apparently many attorneys told me that I would need to reopen my case with the court that granted me WOR, then file for AOS in court. What most seemed to be have problems with is the fact that the order of deportation could not be readily nullified and no attorney seemed to really know much other than that.

What I can tell you is this, it's a huge grey area in the immigration law, on the surface it seems like it's a no-go, but if you really try, you should be able to find a pathway to the green card, this was the notion that all the attorneys gave me during their consultations.

Best of luck to you!

 

[kunato]

As Tarukh stated, due to the invalidation of the original DV-2012, I could not proceed with my case. But for the small time I was going to consultations and getting as much information as I could find, it eventually became a merry-go-round with no clear path in sight.

Apparently many attorneys told me that I would need to reopen my case with the court that granted me WOR, then file for AOS in court. What most seemed to be have problems with is the fact that the order of deportation could not be readily nullified and no attorney seemed to really know much other than that.

What I can tell you is this, it's a huge grey area in the immigration law, on the surface it seems like it's a no-go, but if you really try, you should be able to find a pathway to the green card, this was the notion that all the attorneys gave me during their consultations.

Best of luck to you!

I think the issue is not so much whether you can adjust your status (although finding a GOOD lawyer is challenging at times), but rather whether you can adjust your status in-time, before September 30 deadline closes in. Legal cases can take up several months before they reach the judge and judge may take additional weeks or months (or years) to adjudicate the case. Once that is done, the question is, do you still have time to adjust your status?

 

[bentlebee]

Witholding of removal & DV 2012

Get a good lawyer. It's possible. Don't trust forums on the internet when making a decision in your case but refer to a trusted professional. THat's why you are/will be paying those people...because it's their job to know the law and know how to deal with a case like yours.
You have taken the right step. Out of those 4 lawyers who have said they can help you, pick those one who has one the most case LIKE YOURS. If Money is an issue you could go for the cheaper one, if he/she is also good. Up to you...

I agree, get a good lawyer....you have to pay whatever lawyer you get regardless of reaching your goal or denial, so better high a good lawyer because lawyers have high hourly fees....so better think before you hire. No lawyer will tell you that it is a done deal, and some might not care...after all they will get a retainer and use it and a good lawyer will be honest and discuss your chances.