application denied and was ordered for deportation, He IS a refugee but was unable to convince the judge. What would be the best route to take for someone who is illegal now, application denied and is a true refugee.
Have your lawyer file an appeal of the IJ's decision first to the BIA, then to the Federal Circuit court. You may win on appeal at the federal level. In any event, appeals could keep you here for at least 5-6 years, in the meantime you could get married to a USC and/or the law could change.
"If an alien whose prior order of removal has been reinstated expresses a fear of returning to the country designated in that order, the alien shall be immediately referred to an asylum officer to determine whether the alien's removal to that country must be withheld under section 241(b)(3) of the Act. The alien's claim will be granted or denied by an asylum officer in accordance with § 208.16 of this chapter.
If the alien has previously had a claim to withholding of deportation or rem oval denied, then that decision shall prevail unless the alien can establish the existence of changed circumstances that materially affect the alien's eligibility for withholding.
The alien's case shall not be referred to an immigration judge, and there is no appeal from the decision of the asylum officer. If the alien is found to merit withholding of removal, the Service shall not enforce the reinstated order. "
Do consult an experienced immigration lawyer for guidance.
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