Asked on Nov 28th, 2017 on Immigration - Minnesota
More details to this question:
My spouse and I did the i130 and we got approved so apparently I was under removal proceeding because my mom filed for asylum and didn’t get approved so I read articles that before I can adjust my status , I’ll need to close the case with immigration court judge and I want to do t alone and I need help with the form I may need to fill out
From your facts, it appears that you are under a final order of removal. You would need to have your case reopened for you to have the opportunity to adjust status in the US. That presupposes that you entered the country with some type of status or are the beneficiary of section 245(i), which allows most individuals to adjust status upon the payment of a fine amount of $1000 if they had an immigrant visa petition or labor certification application pending by April 30, 2001 and were physically present in the US on December 21, 2000. Lacking the ability to adjust status, you and your spouse might be able to obtain your permanent residence through the expanded I-601A program under which you could ask for conditional permission to return to the US following removal on form I-212, and following an approval of that, request a waiver of the 10 year bar for unlawful stay on form I-601A under which the standard for approval would be the proving of extreme hardship to your spouse if the waiver could not be granted. The I-212 and I-601A applications can be filed while you are here in the US, and if both are approved, you would return home for an immigrant visa interview which would in all likelihood be normal. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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