I'm married from us citizen and have approval I-130 but had deportation order, can I file (I-601A) to adjust my status?
6 attorney answers
If you have a removal order you not eligible to file I-601A. You must first get your case reopened and attempt to get it administratively closed before you are eligible.
As other attorneys have answered, a I-601A will not cure a removal order. When you got a voluntary departure, you should have followed it and left the country. One option is filing a joint motion to reopen and terminate the immigration proceedings, which will allow you to adjust status based on your marriage to USC.
Since more than ten years have passed from the time when you violated the court's order, you could potentially file a joint motion to reopen and terminate the immigration proceedings in order to allow you to adjust your status based on your marriage to a U.S. citizen. Please consult with an immigration attorney to see if this would be a viable option in your case.
No, an I-601A will not waive a removal order and its consequences. You would need to get your case reopened and in order to get it reopened you will probably need the government to join you in a motion to the immigration judge. You need to go to an immigration attorney.
I am a lawyer, but I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
Unfortunately, no! The I-601A does not cure removal orders. Most likely you would have to get the government to agree to reopen your matter. Whether or not you can get your matter reopened will depend on the facts of your case.
No! Having failed to comply with the terms of a voluntary departure order is even worse than having reentered illegally after prior removal. Urgently meet with a reputable immigration lawyer of your choice.
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