I was married to a guy, who applied for political asylum as a gypsy and i claimed asylum as his wife....We got divorce and i got married to an american citizen but the asylum case was still pending...On the last court date the judge told me to come on august with the form I-130.... And my question is: what he suppose to answer in question about his relative (me) if i ever been under immigration proceedings, actually which one to mark removal, exclusion/deportation, rescission or judicial proceeding??? we want to file the applications before august...Please, help!
Since you are in removal proceedings, it does not make any sense for you to file applications to USCIS. You will be wasting your money as those applications will not be approved with a pending removal case. You should hire an attorney and go through court. Yes, you are currently in removal proceeding.
Your case involves a number of questions. Did you enter the USA with inspection If you did not then you can not adjust through your husband.
Was your asylum case before an asylum officer or had it been denied by an officer and referred to the Court?
Kyndra L Mulder, Esquire
Over 25 years experience.
You can still file an I-130 petition and submit a lot of evidence to prove the good faith nature of your marriage. I echo my colleagues' opinions - you must seek the assistance of an experienced immigration lawyer to assist you with the immigrant petition and the removal process. Re your question - you are in removal proceedings.
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