Need help! Second interview

[chatuba80]

Good morning Everyone! I need help. I was married in 2011 to a US Citizen (good faith marriage). In March of 2012 we had the first interview. I was not approved at the time because I had a pending case (which I thought it was terminated). The immigration officer explained that he needed to have the other case with him so he can take a look at it, close and then approve me. He's exact words were: "unfortunately I cannot approve you, I don't see any reason why I wouldn't approve you, but I need to see the file".

Fast-forward to a couple of years later. I separated from my ex-wife and got an divorce (after 3 years of marriage). I was told by my lawyer that the case would be closed and I would loose all of my documents which I had so far. Well, that never happened and I continued to renew my EAD card with the case being pending.

Fast-forward more to yesterday (05/01/18). I received an email saying that my case has been updated. I go online and it states that they are ready to schedule my interview. I am really afraid that since I'm not married anymore I could go to the interview and be deported. I was in a good faith marriage for 3 years and not even my conditional GC was approved. Marriage didn't workout and we got divorced (life).

Has this ever happened to anyone or know anyone that has happened to? What should I do? I'm very scared now.

Thank you!

[azblk]

Well you have no basis to remain in the US right now unless you have another route.

[chatuba80]

Well you have no basis to remain in the US right now unless you have another route.

That's what I'm afraid of. I really don't know what to do, thank you.

[Tezza]

That's what I'm afraid of. I really don't know what to do, thank you.

As said above, it seems like your legitimate basis for being in the US is no longer valid. You will just need to be honest with USCIS, maybe speak with an attorney. Unfortunately I can't see any other possibilities, perhaps someone else can come up with some advice.

Good luck with it all.

[Cheburashka]

I would seek the help of an attorney immediately. Going to the interview and telling them what you told here will most likely get you deported.

[azblk]

Fast-forward to a couple of years later. I separated from my ex-wife and got an divorce (after 3 years of marriage). I was told by my lawyer that the case would be closed and I would loose all of my documents which I had so far. Well, that never happened and I continued to renew my EAD card with the case being pending.

The only reason you were able to renew your EAD is the uscis was/is not aware that your marriage was terminated. If they had known that information - your i-485 would have been denied and your EAD would be invalidated.

Fast-forward more to yesterday (05/01/18). I received an email saying that my case has been updated. I go online and it states that they are ready to schedule my interview. I am really afraid that since I'm not married anymore I could go to the interview and be deported. I was in a good faith marriage for 3 years and not even my conditional GC was approved. Marriage didn't workout and we got divorced (life).

Has this ever happened to anyone or know anyone that has happened to? What should I do? I'm very scared now.

Thank you!

You will NOT get deported at the interview but your case will be denied and eventually you will be ordered to leave or be removed. You need to be proactive and find another way to stay if that is you intention. You could get remarried and start over.

[chatuba80]

The only reason you were able to renew your EAD is the uscis was/is not aware that your marriage was terminated. If they had known that information - your i-485 would have been denied and your EAD would be invalidated.


You will NOT get deported at the interview but your case will be denied and eventually you will be ordered to leave or be removed. You need to be proactive and find another way to stay if that is you intention. You could get remarried and start over.

Thank you all for the replies. I'm going to see a lawyer on Monday. I don't know if there's such a thing a clemency for this case for the time I've been in the US and since I came here so young. Unfortunately I don't qualify for the DACA program because I was over the age limit.

I'm sucks and makes me very sad that all of these years I was here, I got married in good faith and I wasn't approved for the 3 years I married to her. It's just very sad.

[azblk]

Thank you all for the replies. I'm going to see a lawyer on Monday. I don't know if there's such a thing a clemency for this case for the time I've been in the US and since I came here so young. Unfortunately I don't qualify for the DACA program because I was over the age limit.

I'm sucks and makes me very sad that all of these years I was here, I got married in good faith and I wasn't approved for the 3 years I married to her. It's just very sad.

Sorry am going to sound harsh but problems do not resolve themselves. You are going to have to actively do something bout your situation or you will be asked to remove yourself or face deportation. There is no such thing as clemency in immigration. You either qualify for the benefit or you do not, as it is right now you have NO basis to qualify for an immigration benefit and unless you do something to change that you will not get a green card and will eventually have to leave.

[krypton9591]

Good morning Everyone! I need help. I was married in 2011 to a US Citizen (good faith marriage). In March of 2012 we had the first interview. I was not approved at the time because I had a pending case (which I thought it was terminated). The immigration officer explained that he needed to have the other case with him so he can take a look at it, close and then approve me. He's exact words were: "unfortunately I cannot approve you, I don't see any reason why I wouldn't approve you, but I need to see the file".

Fast-forward to a couple of years later. I separated from my ex-wife and got an divorce (after 3 years of marriage). I was told by my lawyer that the case would be closed and I would loose all of my documents which I had so far. Well, that never happened and I continued to renew my EAD card with the case being pending.

Fast-forward more to yesterday (05/01/18). I received an email saying that my case has been updated. I go online and it states that they are ready to schedule my interview. I am really afraid that since I'm not married anymore I could go to the interview and be deported. I was in a good faith marriage for 3 years and not even my conditional GC was approved. Marriage didn't workout and we got divorced (life).

Has this ever happened to anyone or know anyone that has happened to? What should I do? I'm very scared now.

Thank you!

Sorry am going to sound harsh but problems do not resolve themselves. You are going to have to actively do something bout your situation or you will be asked to remove yourself or face deportation. There is no such thing as clemency in immigration. You either qualify for the benefit or you do not, as it is right now you have NO basis to qualify for an immigration benefit and unless you do something to change that you will not get a green card and will eventually have to leave.

AZBLK is correct, you have no basis for being here, you can consult with an attorney, but will most likely here the same thing, so your options are to either find a new way to immigrate either via a new marriage or finding an employer that will sponsor you for a GC. If neither of those work can leave before removal proceedings are put in effect, or you can wait until removal proceedings are put in place or you are asked to leave, either way, depending on how long you have been here, you are probably looking at a 3/.10 year ban unless you can find an alternate route to residency.

[flyforever85]

If you have a good job and your employer really likes you, you can ask them to sponsor you for H1B visa but it's not as easy as it sounds. If you manage to though, you can stay another years a long as you remain with your sponsors. If you don't have this possibility I don't think there is anything else you can do. I do agree with you though: someone builts a life in USA and since the love live doesn't go as supposed to then the whole life has to change again.

TRy Europe, might be easier (I'm Italian, don't go to Italy lol)

[chatuba80]

If you have a good job and your employer really likes you, you can ask them to sponsor you for H1B visa but it's not as easy as it sounds. If you manage to though, you can stay another years a long as you remain with your sponsors. If you don't have this possibility I don't think there is anything else you can do. I do agree with you though: someone builts a life in USA and since the love live doesn't go as supposed to then the whole life has to change again.

TRy Europe, might be easier (I'm Italian, don't go to Italy lol)

Once again I thank you all for giving me your thoughts and being actually harsh. I will go to the lawyer on Monday and at least here what he has to say. I don't think I can qualify for a work visa because from what a lawyer told me, to qualify, I cannot have my I-94 expired and I cannot have a case in immigration for something else. If I cancel my current case, I will no longer have a legal status here because my I-94 expired years ago. Like I said, when I arrived in the US I was 11 years old and my parents decided to overstay (that was back in 1991).

I hope all of you are never in my situation.

[azblk]

Once again I thank you all for giving me your thoughts and being actually harsh. I will go to the lawyer on Monday and at least here what he has to say. I don't think I can qualify for a work visa because from what a lawyer told me, to qualify, I cannot have my I-94 expired and I cannot have a case in immigration for something else. If I cancel my current case, I will no longer have a legal status here because my I-94 expired years ago. Like I said, when I arrived in the US I was 11 years old and my parents decided to overstay (that was back in 1991).

I hope all of you are never in my situation.

Basically at this point you have to forget about your previous case, that is water under the bridge. It WILL be denied the moment USCIS becomes aware that you are now divorced. This leaves you with very few options:
1. If you are now in a different relationship with a US citizen. You can remarry and start the process over.
2. If you are from a war torn country or you are part of a persecuted group in your homeland, you can file for asylum.
3. If you have USC minor child/ren or Parents then you can wait to be put in removal and try for COR - very difficult to get.

[chatuba80]

Basically at this point you have to forget about your previous case, that is water under the bridge. It WILL be denied the moment USCIS becomes aware that you are now divorced. This leaves you with very options:
1. If you are now in a different relationship with a US citizen. You can remarry and start the process over.
2. If you are from a war torn country or you are part of a persecuted group in your homeland, you can file for asylum.
3. If you have USC minor child/ren or Parents then you can wait to be put in removal and try for COR - very difficult to get.

What is COR? I have a 3 year USC daughter. Why is it difficult?

[azblk]

What is COR? I have a 3 year USC daughter. Why is it difficult?

For one thing only 4000 cases can be approved in a year so it tends to be used up very very quickly.

https://www.nolo.com/legal-encyclopedia/green-card-through-cancellation-removal-non-lpr-who-qualifies.html

[Tezza]

What is COR? I have a 3 year USC daughter. Why is it difficult?

COR is cancellation of removal.

This is basically a relief from being deported, and you have to meet specific criteria. The ones I am aware of are:

You've lived continuously in the US for over 10 years
You being deported would cause extreme hardship to a USC relative

And on top of this you should have a clean criminal record. Since you say you have a minor USC daughter, it's a possibility, but as is said above, it's hard to get as you'd have to prove the hardship it would cause to your USC daughter.

Something you could speak to your attorney about.