Hello, my husband came with a visa tourist visa 16 years, he hasn't leave since then. then he got married and got an order of removal, he never left the country, than he met me on 2004 the lazy lawyer file for I-130, I765 and I-485, year. 2009 he recieved the stock interview he got approve the I-130, after so many years pass and my husband complete 12 years with the order of removal I don't know if my husband should file the I-485 again.
Could you please advise me,
Thank you for your attentionAs matter of fact we did hire a lawyer, and the lawyer Mr. Tucker is the one who told us that my husband has to file a I-485 form then a motion with a hardship from me and my son. When the lawyer told us about filing the I-485 It really made didn't sound good idea. this is why I needed to ask another professional like AVVO lawyers, Thank you for your attention. Carmen
The removal order will have to be reopened first before your husband is eligible to adjust his status even with an approved I-485. Currently the removal order prohibits him from being granted any legal status so he will have to deal with that first. He should contact a good removal attorney to talk about his options. I recommend Leslie Diaz at 404-935-0044. Good luck!
I agree with my colleague.
You absolutely need to retain an experienced immigration lawyer advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Jurisdiction rests with the immigration court, and you would have to file a motion to reopen the old removal order. This can also be done by seeking ICE's consent to reopen as an exercise of prosecutorial discretion.
Consult with a competent attorney or BIA-accredited representative.
Daniel Green, Esq.
Serving the Hudson Valley, Northeast, and the World Beyond
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402
This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.
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