I received an order of removal after my asylum was denied 8 years ago.Is there a possibility to apply for relief at this point?
My political asylum got denied and I received an order of removal, it's been 8 years and I'm still here illegally. I'm gay and I want to marry my American Citizen fiancé then continue with the process to apply for my green card.
Yes, you can marry your fiancé. Yes, you may be able to obtain a green card based on that relationship. As my colleagues have explained, however, you will need an experienced immigration lawyer to handle part (or all) of this case for you, especially the Motion to Reopen.
Although the author is a Board-certified immigration expert, this guide is intended as general information and not specific legal advice. This communication does not create an attorney-client relationship. Schedule a consultation with an attorney to address individual concerns.
Your first step would be to file a stay of removal, if you haven't done this already. Because you are subject to a final order, even with an approved I-130 filed by a spouse on your behalf, your removal proceedings will have to be reopened and the order rescinded in order for you to be able to seek green card status. DHS used to join these Motions to Reopen and Rescind, but everything has changed under Trump. If you were admitted or paroled when you last entered the country (rather than entering illegally), and you manage to get your removal case reopened and order rescinded, you could seek adjustment of status based on the approved I-130. If, instead, you need to seek an I-601A unlawful presence waiver, the process is more complicated. See an attorney for guidance and assistance.
Please note, the above answer is for general informational purposes only and does not create an attorney-client relationship with this attorney or her law firm. We represent clients in all 50 states and abroad.
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If you have been under an order of removal for 8 years, your US citizen fiancee cannot simply marry you and sponsor you for a green card. You will need to speak with an immigration attorney about the prospects, if any, for reopening your case before an immigration judge.
https://www.avvo.com/legal-guides/ugc/winning-your-case-in-immigration-court
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Yes. whether you are granted the relief you seek depends on the history of your case; primarily how you entered the USA. You may need a fraud waiver and a provisional waiver or if you entered with inspection your marriage partner can sponsor you to adjust in the USA. This of course assumes you have committed no other offense that would make you inadmissible. I suggest you consult with an experienced immigration attorney.
I have more than 30 years experience practicing law and focus on immigration only. I work with clients all over the world in the areas of family immigration, L visas, investor visas - including writing business plans, deportation, criminal related issues, waivers, provisional waivers and appeals. My answer to your question on AVVO is general in nature and not to be construed as legal advise or as establishing an attorney-client relationship. For legal advise or to establish an attorney-client relationship contact my office via telephone email text or comment on my website.
Asker
Thank you very much for your positive response. I entered the USA with a tourist visa and I have no criminal records.
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Carl Michael Shusterman
Asylum Attorney in Los Angeles, CAConcur