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Question by KORKH: What form of relief from deportation am I eligible for?
Hello, I have my first hearing in San Diego immigration court on March 19, I am national of Ukraine, came to US on June 1, 2012 with J-1 nonimigrant visa
I am in removal proceedings since October 12, 2012. Married to USC on November 8, 2012
My charges: Section 237(a)(1)(c)(i) of the INA, as amended, in that after admission as a nonimigrant under Section 101(a)(15) of the Act, you failed to maintain or comply with the conditions of the nonimigrant status under which you were admitted.
(I was working prohibited job. It was pedicab. I didn’t know that for particular job I need special authorization. They gave me permit based on all legal documents I provided, visa, SSN etc.)
Can not afford an attorney.
Can you please tell me what are my relief options that I am eligible for? I know that one of them is Adjustment of status, but I haven’t filed any forms with USCIS. Should I file something before my court on March 19 (two weeks left) or can I do it after this hearing? Are there any other options? I want to apply for all of them.
Thank you in advance
According to some sources to be eligible for such a relief like adjustment of status I-130 (and I-485) must be pending in DHS/USICS. But according to http://www.justice.gov/eoir/press/04/ReliefFromRemoval.htm I should apply before immigration judge. How do I apply?
Answer by Brother_Hesekiel
Clearly, you violated the terms of your visa, so the judge has any right to send you home. Understand that deportation is formally called removal, so it’s not a punishment per se. You’ll not be beaten, waterboarded or thrown in jail. You’ll just be send home.
In order for the judge to allow you to stay despite your violation, you’d have to give him something. That something would be your marriage to a US citizen and your eligibility for Adjustment of Status (AoS). Now let’s look at the numbers here.
You arrived on June 1, are in removal proceedings since October 12, and after that you got married to a US citizen on November 8.
If I was the judge, I would simply assume you got married in order to avoid deportation. Most judges would agree with me. Your job now is to prove to the judge that this is not true. There’s no point in filing for AoS now, as the USCIS would deny it based on the determination I just made. An AoS applicant in removal proceedings will not get AoS granted, aside from the fact that it takes 3 to 5 months to process that anyway. You’d just be wasting $ 1,490 plus the cost of the medical.
Frankly, hope for the best but be prepared to petition your spouse for immigration to the Ukraine. If he or she will not follow you there, you’d give the consulate the best reason possible to deny you an immigrant visa to the US even in 2023 when your 10-year bar has been served. They would clearly deduct that your marriage was indeed not bona fide but was entered into in order to obtain immigration benefits to the United States. That would be the end of your American Dream.
You need an experience AILA attorney if you want to have a chance here.
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