I was put on removal proceedings because I over stayed in the U S, I was asked to appear before IJ but by then I divorced my first wife before the notice was sent to appear, but I have two kids with my new wife but we are not legally married,but when the notice was served to appear before IJ my attorney told us to legally married so that she can file for I130 which we did, after the I130 we were schedule for interview by which we went, but they never asked any questions about our marriage with our kids with us. They were only asking questions about my old marriage which I divorced three (3) ago, after the interview we received notice of intention to denial which my attorney appeal it but they referred the case to the Board of but they also denial because they said they didn't receiv
You have a highly complex case and you know it too.. Your attorney must have told you that you will be only able to apply for the work permit once you are able to apply for the I-485 adjustment of status application, either with USCIS or in court, in front of the immigration judge. Hopefully you will get that far, but first you have to take care of the I-130 issue, which is USCIS' jurisdiction and not the judge's. CIS seems to suspect your first marriage was fraudulent.
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I agree with Mr. Behar ... and your attorney. The facts you have stated don't support a basis for a work permit ... sorry.
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.
i agree with my colleagues. It is doubtful that you are able to proceed with a work permit based on your description of events.
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