Hi Experts there,
One of you might be knowing exactly how handle the below Scenario
F1 Student (Currently Out of status from 2013 ) been Married to US Citizen and filing i-130, i-485, i-765
But do not know if he has any NTA on his name or any Existing Removal Proceedings or been Deported logically (Not physically )
So what is the Best Order in which he should file the applications and any other extra forms to be filled if yes what and when
My idea is :
File the i-130, i-765 ----> approved (i-130 & i-765) -------> apply for i-485 ---------> if Denied then -------> Apply for Request to cancel the NTA , RemovalProceedings etc..
He should first submit a Freedom of Information Act request to get a copy of his immigration file.
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.
a FOIA will give you the information. And so will filing everything properly in a single packet. If they don't have jurisdiction, you will find out. The only issue is misrepresentation. If you know or believe that there was an NTA, then saying no to the question in the I-130 is fraud. If (for example) he did not change his address for a long time after going out of status, and never received an NTA, then they likely never trid to hunt him down. Most people who go out of status don't have lurking NTAs in the system.
Please note that answers to questions are for general informational purposes only. They are not legal advice and do not establish an attorney-client relationship. If an answer is not clear, I will do my best to explain further if you need clarification.
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