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I have a pending asylum application before immigration court.do i have to file i-601(a) to get green card?

San Bernardino, CA |

i was caught by immigration crossing the border and they put in removal processing but the lawyer i had filed EOIR 42B APPLICATION FOR CANCELLATION OF REMOVAL. And for asylum so while the process i got married to a us citizen my i-130 was approved.

Attorney Answers 7

Posted

You aren't eligible for the I-601A while in removal proceedings. One possible option to discuss with your lawyer: voluntary departure with an I-601A. This approach may or may not be appropriate in your case.

Good luck,

Josh

______________________________________________
Joshua Goldstein, Esq

Immigration & Nationality Lawyers

Law Offices of Joshua L Goldstein, PC
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Asker

Posted

i found this.Yes; however, some aliens do not accrue unlawful presence if they fall into certain categories. For example, children under the age of 18 do not accrue unlawful presence for any period of time before their 18th birthday. Similarly, under current law, certain victims of crime and aliens with pending asylum applications do not accrue unlawful presence while their application is pending.

Joshua L. Goldstein

Joshua L. Goldstein

Posted

Have you accrued unlawful presence? What waivers, if any, would you need? Good questions for your lawyer.

Asker

Posted

thank you very much.

Posted

You should talk to your attorney about how to best proceed.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Asker

Posted

i found this.Yes; however, some aliens do not accrue unlawful presence if they fall into certain categories. For example, children under the age of 18 do not accrue unlawful presence for any period of time before their 18th birthday. Similarly, under current law, certain victims of crime and aliens with pending asylum applications do not accrue unlawful presence while their application is pending.

Posted

No, it will not work for you. What will is talking to a competent immigration attorney in CA as soon as possible.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

i found this.Yes; however, some aliens do not accrue unlawful presence if they fall into certain categories. For example, children under the age of 18 do not accrue unlawful presence for any period of time before their 18th birthday. Similarly, under current law, certain victims of crime and aliens with pending asylum applications do not accrue unlawful presence while their application is pending.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

and?

Asker

Posted

i thought that since my asylum case is still pending i do not have unlawful presence so i dont need a waiver.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Your question was whether you need to file a 601a provisional waver application. My answer addressed that issue. Why are you citing me this. Please explain.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Whether you need a waiver is an issue of fact and has nothing to do with asylum This is why I sent you to talk to a competent attorney, not because it was hard for me to answer you question. It was not. I would need the entire file for review before this "simple" question could be answered.

Asker

Posted

sorry .but thank you for your answer i really appreciated

Posted

It takes a lot of information to come up with an appropriate strategy for you; I advise you to seek a second opinion on your case from a good immigration attorney. You have to be careful with asylum claim, and further steps.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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Asker

Posted

i found this.Yes; however, some aliens do not accrue unlawful presence if they fall into certain categories. For example, children under the age of 18 do not accrue unlawful presence for any period of time before their 18th birthday. Similarly, under current law, certain victims of crime and aliens with pending asylum applications do not accrue unlawful presence while their application is pending.

Posted

I agree with my colleagues. Hire a competent immigration attorney who you trust. The answer will depend on how strong your asylum case and cancellation case is. We cannot advise on that in this public forum. Hire a good lawyer, and win your case in court if possible.
Good luck,
Otis C. Landerholm, Esq.
www.LanderholmLawOffice.com

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Posted

Your question demonstrates much confusion. Please consult an experienced immigration attorney.

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Posted

You need to hire an attorney to help you through Immigration Court. If you have an I-130 approved and you have no criminal history, your attorney could get your case Administratively Closed so that you can pursuit Consular Process where your I-601A Waiver come into place (if you entered without inspection). Once the Waiver is approved, you can go to your home country for the interview, and as long as you don't have any other inadmissible issues you will be admitted into the country.

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.

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