Legal Question in Immigration Law in Ohio

I was Married to a USC for little over 6 years before we got divorced in June, 2008. I am the legal and sole custodian of three girls born out of our marriage. Mother was not given any visitation right. My petition was approved on September 18, 2006 but my background check was pending. I was denied for adjustment of stats on October 20, 2008 by a Field Officer here in Cincinnati since I was no longer married to a USC and it was further stated that I can not challenge this decision.

I was advised in the past by my attorney that my choices are limited. I can wait for an immigration reform, I can wait till I am in deportation proceedings so I can be put in front of an immigration judge, File an I-360 under battered spouse/Child neglect act or just wait. I choose the latter of all.

On January 08, 2010 I received a letter from the "Office of Chief Counsel, US Immigration & Customs Enforcement DHS" in Cleveland. It stated the following text;

DHS Motion to Reopen Proceedings

The Department of Homeland Security ("DHS") hereby respectfully request that these proceedings be reopened. These proceedings were terminated without prejudice on January 24, 2007, for adjustment of the respondent's I-485 Application to Register Permanent Residence or Adjust Status. The respondent's I-485 was denied by U.S.C.I.S/ on October, 2008. See ex. A. Accordingly these proceeding should be reopened.

signed by Kris K. Stoker (Assistant Chief Counsel) Cleveland, OH

The above mentioned letter came with a copy of Proof of service, and three same unfilled forms stating ORDER OF IMMIGRATION JUDGE, along with the copy of decision of the Field officer from October of 2008.

What does it mean; I am in deportation proceedings or is my original case for adjustment of status will be reconsidered, what is the time frame for this process, do I need representation, Please advise


Asked on 1/10/10, 10:51 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

This letter is informing you that your Removal (deortation) proceedings have been reopened and you are facing deportation to your home country.

It seems to me that either your lawyer misinformed you about your options, or you misunderstood them. To file a VAWA petition, an individual doesn't have to be in removal proceedings. To the contrary, this petition is filed with the USCIS/VSC while an individual is not in removal proceedings. Of course, provided that you can prove abuse on the part of your former wife, and it's been less than 2 years since divorce.

You said that you have an attorney. Why don't you ask them or any other qualified lawyer for legal advice in private and off the public forum? Please remember that this is a public forum, and no case-specific legal advice can be given here.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/16/10, 10:42 am
Caridad Cardinale Pastor & Associates, P.C.

It sounds like you are being placed in proceedings again since you were unable to adjust status. There might be other options for you but that would depend on various things including how long you have been in the U.S. You can contact us at (248) 619-0065 for a further consultation.

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Answered on 1/18/10, 8:21 am


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