QUESTION

Is there any hope for us to the court if ever?

Asked on Feb 26th, 2013 on Immigration - Nevada
More details to this question:
My wife and I were on Removal proceedings, our 485 was denied 2X, first visa cert was not acquired on a timely manner, 2nd, I am a 245I beneficiary and they denied our filing because my wife is not married to me when my Dad's I-130 was approved. I was 10 yrs old but were married in 1995. Now, we are asking fro proc discretion. My wife's father is a citizen and he did not reside in the US prior to her born, they denied my wife's n600 too. We are professionals and paying taxes since we got here 1 years ago. I started H1, then my wife is a nurse who had I140 approved twice. I'm confuse about this people from USCIS and don't know what they want.
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3 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Hello: Your question is unclear. *Removal/Deportation Representation* It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States.
Answered on Mar 05th, 2013 at 6:02 AM

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The only way to determine if there is any chance of getting relief from removal for you and your wife requires a close examine of all your immigration paper work and associated documents. If your wife is not a U.S. Citizen then your chances of relief are very slim because a visa may not be immediately available to you on that basis. There may be options to see if your wife can successfully gain U.S. Citizenship and then proceed from there. For example, it may be possible for you wife to naturalize to a U.S. Citizen rather than get a certificate of U.S. Citizenship (N-600) if she an LPR but it sounds like she is not (I-140 Approved Twice). If you have not had a immigration attorney helping you in court, then I strongly recommend you meet with one as soon as possible and let the attorney review the paperwork that I have already mentioned.
Answered on Feb 28th, 2013 at 7:11 PM

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Robert E. West
You have a quite complicated case to say the least. Do you have a lawyer?
Answered on Feb 28th, 2013 at 6:59 PM

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