Legal Question in Immigration Law in Michigan
How can I get a deportation case dismissed
I have been waiting for over one year to have an interview with INS regarding my I-130 petition. I am married to a usc and am currently illegal alien status due to overstaying my visa. I am in deportation proceedings. No way to adjust my status at this time. Does the Immigration Judge have jurisdiction over my I-130 or does INS have to make that determination? Can I request the judge to rule on the I-130? I have NO CRIMINAL background in USA nor in Jordan. I am currently awaiting approval for I-130 to obtain my work permit to join US Marine Corps. I have written many letters to INS, Senators, Congressman, and State Reps. requesting their assistance to expedite an interview for me. So far - no positive response. What else can I do? Does the I-130 need to be approved before the court can dismiss my deportation case or vice-versa? The last letter received from INS dictated that I cannot file a I-485 at this time and stated they would NOT approve I-130 while I am in deportation proceedings. Can you help me?
2 Answers from Attorneys
Re: How can I get a deportation case dismissed
Only INS has jurisdiction over I-130..and since you are in deportation proceeding the judge has jurisduiction on I-485. Next time when you are in court you should request the judge to give INS a deadline to adjudicate your I-130. After approval ofI-130...you have to get adjusted in court...your spouse need to be present in your merit hearing for I-485.Without the approval from INS on your I-130 you can not move forward.
Re: How can I get a deportation case dismissed
If you overstayed a visa and married a USC before proceedings began for deportation you have several options. You can contact us to discuss this further.
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