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In 2011 my deportation appeal was denied. What are my options to remain in the US legally?

Boynton Beach, FL |

When I went to remove the conditional status from my green card it was denied and so was the appeal. The courts believed my marriage was just to get a green card. My wife (citizen) and I are in our 50s and we've been & are still married today since 2003. I am a restaurateur, and lived and worked in another state. Wife former field officer now home-care worker in NC. She has no kids and I have son age 23 who filed separately. I did not pay the $500 to do (the Romney) i.e. self deport. I have the docs so if you need to reference anything let me know. Documents filed in NC. How can I once again remain legally in the US.

Attorney Answers 4


  1. You could try appealing to the court of appeals by petition for review and obtain a stay of removal.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. You can file a Petition for Review with the appropriate Circuit Court of Appeals with 30 days of the BIA decision. It may also be possible to file a Motion to Reopen/Reconsider with the BIA depending on the facts of your case. I would strongly encourage you to seek the assistance of an experienced immigration attorney to assist you as you are facing an uphill battle. If you do not prevail in overcoming the sham marriage allegation, you will find that it will be difficult/impossible for you to remain in the United States.

    Good luck to you.

    Heather L. Garvock Attorney Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: heather.garvock@ellisporter.com For more information about current issues and developments in immigration law, visit my blog: www.miimmigrationnews.com The information I provide on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney client relationship.


  3. Recommend that you consult an experienced immigration attorney to explore any avenue you may after review of your file. If your appeal was denied in 2011, further review or appeal, cannot be taken due to lapse of time.

    Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012 http://www.thekalrafirm.com


  4. If you and your wife are still residing together in marital union and your case was denied then something is seriously wrong as the tow you should have been able to establish the bona fides of your marriage. Thus, there appears to be more to this case then you have briefly disclosed. The fact that there has been a determination of marriage fraud prohibits you from obtaining residence or any other status in the U.S. so you will need to work backwards.

    Consult with an experienced immigration attorney who can review your case in detail and determine whether a motion to reopen your removal proceedings is viable and the best way to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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