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My parent was charged with marriage fraud, I was in deportation hearing and cleared,now my case with my spouse has been pending

Tampa, FL |

My mother was charged with marriage fraud back in 2008 and both of our green cards were terminated. Our case was then sent to deportation hearings and the judge granted my termination of proceedings based on the fact that my husband sponsored me. We have been married for 4 years and have a child together. He applied for my i130 in April 2010 which was approved on April 2011 on our first interview. We filed 1485 in June 2011 and have been waiting ever since for another interview to reinstate green card. When I go to immigration office, they stamp my passport each year because they say there's a new immigration law that states that if you already had a green card that was terminated, you must be deported on paper so that they can start a new case. My lawyer is not much help either.

Attorney Answers 5


  1. Best answer

    This is a very technical issue which turns on the way Tampa USCIS interprets (wrongly in my opinion) immigration jurisprudence. USCIS Tampa takes the position that the Immigration Judge must specifically address the termination of your prior lawful permanent residence status in his Order terminating the case in immigration court or you are not eligible to adjust through your new marriage. Accordingly, in order to cure this issue your attorney will need to file a Motion to Reopen your case before the Immigration Judge so that the Judge can include the proper language in the Order. Depending on a number of circumstances you may also wish to consider having the Immigration Judge adjudicate your I-485 rather than USCIS. I'd recommend you consult with an immigration attorney who has experience with this type of case so you can understand your options.

    This answer is provided for general information purposes only and an attorney/client relationship is neither intended nor created. Please seek qualified counsel to review your case and provide you with advice specific to your situation.


  2. You didn't mention what 'up front' services were outlined in your fee agreement.

    I've had far too many clients think that I should work forever on their case ... without paying me extra when extra (unanticipated) work is involved.

    It is possible that your deportation case was administratively closed, and not canceled.

    Or, as they told you at the InfoPass, they are waiting for guidance from the central office of immigration.

    Frustrating? Sure.

    Can you do anything more than you are doing? Probably not.

    Be happy that they are regularly renewing your work permit and, tough as it may be, be patient.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. you have an attorney, what does he say, have you told him you feel he's not mch help?


  4. Hire an new lawyer and NEVER listen to the information provided by USCIS officers in a form of a legal advice. They are not lawyers and have no business giving legal advice, especially incorrect one.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  5. I agree with my colleague in that the Tampa USCIS office has a firm view that a judge must terminate your previous permanent resident status before you can "re-adjust" your status. This view is not held by other USCIS offices. However, in order to fix the problem, you will need to have the immigration judge reissue the order terminating your case specifying that your resident status was also terminated. If your lawyer has not taken these steps, you may want to consult with a knowledgeable immigration attorney.

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