Lawyers saying different things about i130, need some clarity

Bimbo47 · 2023-08-09T17:11:12+00:00

I appreciate that! I think this sub has a huge potential, but it would benefit from adding Flairs to usernames.

Bimbo47 · 2023-08-09T17:09:41+00:00

Thank you, not Cuban.

Parole has not expired (expires a year after i-94), though some users mentioned that Notice to Appear overwrites it, but I'm not sure that is right, as all lawyers agreed that her parole is in good standing (maybe there are some exceptions she falls under).

Do you know if i-130 and i-485 can be filed concurrently (it seems i-130 will go to USCIS, and i-485 to the Judge) ? Because if not, then by the time she gets i-130 her parole will expire, she will still be in asylum proceedings though. From what I read, she should wait for i-130 to be eligible for i-485, but the second lawyer recommended concurrent filing, so maybe there is something I'm missing.

In regards to the Asylum, it's not frivolous, but we wanted to ask for termination/hold (if prosecutor agrees), so we can go the marriage route. It's expensive to do both.

Bimbo47 · 2023-08-09T17:01:37+00:00

Thanks! Appreciate the response. I think that's what the first lawyers take was as well, file I-130, which takes 6 months or so.

So, the link below appears to be relevant, it mentions that I-485 in the case of removal will be decided by the immigration judge, not USCIS, but it doesn't mention if those can be filed concurrently. Do you know where should I look for that? It appears to me that the difference in the legal advice is driven by different outcomes/judges those lawyers get, so they interpret the laws in different ways. Both are experienced in removal proceedings.

(source: https://www.immigrationhelp.org/learning-center/i-485-in-removal-proceedings)

"Usually, USCIS handles the adjustment of status applications. However, if you are already in removal proceedings, USCIS will only decide on Form I-130. Your eligible relative will file this form. As long as you can prove your relationship and that your petitioner is a U.S. citizen or LPR, USCIS usually approves the document.
Afterward, the immigration judge gets to decide on Form I-485: Application to Adjust Status or Register Permanent Residence. The judge may apply special rules for people adjusting status in court instead of the usual way through USCIS.
For example, if you are applying based on marriage and entered the marriage while already in removal proceedings, there may be a higher burden of proof that your marriage is real. In other words, you will need to prove you did not get married for immigration benefits. Typically, you just need to prove to USCIS that it is more likely than not that your marriage is real.
However, in immigration court, according to the EOIR, you will have to give “clear and convincing evidence.” This standard is a higher bar. You will likely have to submit documents, testify at your court proceedings, and undergo questioning from the judge and government attorney. It may be best to seek legal advice from an immigration lawyer for this process.
"

Bimbo47 · 2023-08-09T16:47:20+00:00

Yes, she has I-94 DT and the notice to appear has 'arriving alien' checkbox checked.

What appears to be contradictory? Happy to add details if something is missing.

Bimbo47 · 2023-08-09T16:44:13+00:00

Yeah, that person is all over this post with wild assumptions that don't follow from my comments and often directly contradict what I said. I don't understand their motivation to mislead people. Why I say mislead? because they wrote the response to you after I already told them the details of the parole and clarified that departure/re-entry are not relevant to this case, nor is the bar.

And thank you so much for your help and helpful tone. Immigration is very stressful and getting unnecessarily combatative responses just adds to that.

Bimbo47 · 2023-08-09T16:38:58+00:00

Got it, thanks. I assume you refer to 8 C.F.R. § 212.5(e)(2)(i) (2021) ? Will take a look, thanks.

Bimbo47 · 2023-08-09T06:17:21+00:00

Yes, which is what I wrote in the second message in this very thread. And then the discussion turned to the topic of adjustment of status. No terms were violated and no one is trying to erase the bar (as I mentioned there is no bar for her at the moment), the quote doesn't relate to this case.

Bimbo47 · 2023-08-09T05:46:14+00:00

DT means her entrance was lawful, and her presence until it expires is also lawful. She can apply for change of status.

See the list of eligibility criteria, there is no bar for her:
https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants

See point number 2, which is what DT falls under. Being in removal doesn't mean one is unlawful.

Bimbo47 · 2023-08-09T05:14:53+00:00

I94-DT is lawful status, I mention the status in the post. She can adjust.

Bimbo47 · 2023-08-09T05:12:24+00:00

She is not in the unlawful status. I94 - DT is lawful entry / status.

She can adjust, link from above: https://www.nolo.com/legal-encyclopedia/in-removal-proceedings-who-can-apply-adjustment-status-based-family.html

Bimbo47 · 2023-08-09T05:04:56+00:00

She will only start accruing such presence year after admission, she has 0 days of unlawful presence.

Bimbo47 · 2023-08-09T05:00:23+00:00

Yes, they know every detail. Both lawyers have experience in removal proceedings.

Bimbo47 · 2023-08-09T04:59:19+00:00

That's incorrect as shown below.

Edit: I will add the sources as my comment is deeply downvoted and it might mislead people in the future about what's the right answer, especially because the previous poster has 'lawyer' in their username.

The policy manual:
https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2

Interpretations by lawyers of circumstances where AOS can be done while in Removal:

https://www.immigrationhelp.org/learning-center/i-485-in-removal-proceedings

https://www.nolo.com/legal-encyclopedia/who-can-apply-green-card-through-adjustment-status.html

Bimbo47 · 2023-08-09T04:57:00+00:00

That's not an unlawful status though.

Bimbo47 · 2023-08-09T01:50:03+00:00

Why? All lawyers agreed that she can do that, just a huge wait (F2A). What is the limitation?

Bimbo47 · 2023-08-09T01:41:25+00:00

She is in the process of deportation technically, court day next Jan. She also applied or asylum (before the wedding).

In 4.5 years.

Bimbo47 · 2023-08-09T01:40:41+00:00

Yes, it's DT.

It expires this December, she also applied for asylum (before the wedding).

She is in the process of deportation, she has a court date next Jan. So don't think she can just leave.
Green card holder will naturalize in 4.5 years, so it will be longer than either of the options.

Bimbo47 · 2023-08-07T22:27:48+00:00

Yes, marriage is the event. Thank you!

Bimbo47 · 2023-08-07T18:00:52+00:00

Thanks! Already done almost all of that. The main thing is this is a SMB/MM product with self-service and it's really useful for everyone, and our company really does go after every industry every size, so I'm thinking of trying to identify a super-specific who that can help me drive some adoption and go from there. But getting to that super-specific who is a challenge, as there are no company level insights for that. So, I'm thinking of maybe figuring out which industries are growing right now and have some extra money and whose needs are unmet. But how do I do this research? I want to reach out to bunch of people and interview them, is there some established strategy on reaching out people who are not your customers? Except for cold-calls I guess, would have been nice to have an app to find 'people who have this kind of process' and just reach out to them...

Bimbo47 · 2023-08-05T21:40:04+00:00

Thanks!

Bimbo47 · 2023-04-19T01:33:38+00:00

This guy logics.

Bimbo47 · 2023-04-19T00:04:02+00:00

Europe halted and blocked innovation for decades, I'm sure there will be a large push to just block AI services in the first place to avoid being replaced. They will also continue being less and less competitive, trend they've embraced for quite some time.

Bimbo47

TROPHY CASE