Legal Question in Immigration Law in Maryland

Hello,

We need help...

I am illegal in the u.s. but entered the u.s. legally. My husband has a green card. He will applied for the citizenship in february 2011. We are married for 3 years and have a baby. My case is processing to change my status ( I 130 approved ).

During my 2nd hearing the judge give me more time. But if we don't have a solution for the next hearing, the judge will ask me for voluntary departure....

Last week I received the approval notice for the I 824. What is the next step ? Can I get more time and be allow to wait my visa in the US or the judge will ask me for voluntary departure...???

Thanks for your help


Asked on 9/13/09, 5:14 pm

2 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Dear Inquirer:

Since your I-130 is filed under the second preference and cannot be upgraded until your husband is a US Citizen, you are not currently eligible to adjust your status in the US. Even assuming the priority date were current, you would not be eligible unless you qualify under Section 245(i). Even then, since there is a long wait for a second preference petition, the Judge may insist that you take voluntary departure. The I-824 was probably filed in order to notify the Embassy abroad that the I-130 was approved and that you would be applying for an immigrant visa overseas later when the prioity date is current.

Depending on how long you have been in the US, you may be eligible for other relief. If not, however, the Judge may insist that you are only eligible for voluntary departure.

I recommend that you visit www.hanlonlawgroup.com or email us at [email protected] if you would like to schedule a confidential consultation to discuss this matter further.

Regards,

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Answered on 9/18/09, 5:34 pm
Luba Smal Smal Immigration Law Office

I understand that your husband is not a USA citizen, but permanent resident. He filed the I-130 for you. I see that you are currently in removal /deportation hearings and have no other relief available besides I-130.

The main question is: what is the priority date on I-130? If it's not current yet, then you cannot be currently eligible for adjustment of status.

This situation is better to be discussed with a lawyer in private and off of the public forum.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. We do not offer free advice except for the information provided on this forum. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation in person, or by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 9/18/09, 5:35 pm


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