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I 485 denied third time based on discretion due to domestic violence case in 2002. What to do.

Lansing, MI |

Immigration court says that they do not have jurisdiction because I entered on advance parole based on first marriage and I am an arriving alien. There is no other option to obtain permanent residence. Domestic violence plea was taken under advice during first marriage. No married from 7 years years two us born children.

Now married from 7 years years two us born children.

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Attorney answers 3


I would talk with a criminal defense attorney to see if there is a way to get your domestic violence sentence modified, clarified, or if it's possible for it to go away entirely. If you can get the criminal issue cleared-up, an experienced immigration attorney may be able to help you with your status in the US.

This general advice does not create an attorney-client relationship.


You need to retain an immigration attorney. Arriving alien adjustment of status cases are now insulated from review unless there is a basis to assert a challenge before the federal district court. The only other way is to seek a post-conviction relief which even if successful will not eliminated the power of uscis to still consider the underlying "act".

Answers to questions are for general purposes only and do not establish an attorney-client relationship.


I agree with my colleagues ... you need to talk to an attorney.

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.