Need help! Second interview

[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.

I just googled what COR means and I understand. I think I qualify for all of them. I?ve been in the US for 27 years. I have a 3 year old USC daughter and I have never set foot inside a prison, only once to pay bond for a friend that got arrested.

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COR is cancellation of removal.
They have a thing called a non-legal permanent resident 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.

Hi Tessa, yes I read it. The only thing that might be 50/50 on qualification would be the hardship. My daughter is very attached to me and I know how bad it would be if I leave and also financially her mother can not pay for everything by herself. I will ask everything to he lawyer, thanks a lot for telling me this!

[azblk]

I just googled what COR means and I understand. I think I qualify for all of them. I?ve been in the US for 27 years. I have a 3 year old USC daughter and I have never set foot inside a prison, only once to pay bond for a friend that got arrested.

The thing is qualifying is not enough.

There is a very low numerical limit (4000) on how many green cards can be issued from COR. They run out quickly. Also the standard of ?exceptional and extremely unusual hardship? is hard to meet for most people. Your child would have to have medical issues, learning disabilities or something very creative your lawyer would have to come up with.

COR should be a last resort way to avoid deportation and get a green card. ICE has been known to game the system and not put people in removal if they think you have a good chance of getting COR granted.

[chatuba80]

The thing is qualifying is not enough.

There is a very low numerical limit (4000) on how many green cards can be issued from COR. They run out quickly. Also the standard of ?exceptional and extremely unusual hardship? is hard to meet for most people. Your child would have to have medical issues, learning disabilities or something very creative your lawyer would have to come up with.

COR should be a last resort way to avoid deportation and get a green card. ICE has been known to game the system and not put people in removal if they think you have a good chance of getting COR granted.

Understood, thank you very much!

[chatuba80]

Understood, thank you very much!

So, update on my case. I have been to a couple of attorneys and they pretty much say the same thing as everyone here says, my case will get denied (unfortunately).
The question is this: 1 lawyer tells me that she will go to the interview with me and try to help me but she doubts that she can do anything. The other lawyer (which I went to see yesterday) tells me to withdraw my case and that they should just file my case and would not send me to removal proceedings.

What should I do? Withdraw my case or should I try to go to the interview? Has anyone here has gone through this?

I am loosing my mind here because I have a 3 year old to support and now I don't even know how I'm going to work. Plus, I left my country when I was 11 years old and I have no idea what to do there (I'm 38 years old now).

[MissTz1982]

So, update on my case. I have been to a couple of attorneys and they pretty much say the same thing as everyone here says, my case will get denied (unfortunately).
The question is this: 1 lawyer tells me that she will go to the interview with me and try to help me but she doubts that she can do anything. The other lawyer (which I went to see yesterday) tells me to withdraw my case and that they should just file my case and would not send me to removal proceedings.

What should I do? Withdraw my case or should I try to go to the interview? Has anyone here has gone through this?

I am loosing my mind here because I have a 3 year old to support and now I don't even know how I'm going to work. Plus, I left my country when I was 11 years old and I have no idea what to do there (I'm 38 years old now).

Are you and your daughter?s mother together? Is she a US citizen? If so were you guys planning on getting married? Can she file AOS for you if you withdraw the other case?

[chatuba80]

Are you and your daughter?s mother together? Is she a US citizen? If so were you guys planning on getting married? Can she file AOS for you if you withdraw the other case?

Unfortunately she's not yet.

[MissTz1982]

Unfortunately she's not yet.

Is she a green card holder?

[UScitizenFilingforspouse]

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!

I apologize if you have already stated the answer to the question I have. I looked through all your posts, and could not figure out the nature of the unresolved case you had with USCIS at the time of your first interview.
I think we would need to know that in order to give you meaningful advice or steer you toward useful sources of informations.

[krypton9591]

I apologize if you have already stated the answer to the question I have. I looked through all your posts, and could not figure out the nature of the unresolved case you had with USCIS at the time of your first interview.
I think we would need to know that in order to give you meaningful advice or steer you toward useful sources of informations.

Summary: the OP filed for marriage based AOS, his case was not approved due to some other case(unknown what type of case it is) is/was still pending for him. tried to remove other case and got divorced in the process and stayed and kept renewing his ead. OP is now realizing that he has no basis for being legally present in the US and is looking for a work around so that he can stay and no trigger a 3/10 year ban on return to his home country.

Summary2: as all other members have told him as well as lawyers, his options are limited and there is no work around for him. OP is out of options unless he gets married and starts the process all over again

[chatuba80]

Summary: the OP filed for marriage based AOS, his case was not approved due to some other case(unknown what type of case it is) is/was still pending for him. tried to remove other case and got divorced in the process and stayed and kept renewing his ead. OP is now realizing that he has no basis for being legally present in the US and is looking for a work around so that he can stay and no trigger a 3/10 year ban on return to his home country.

Summary2: as all other members have told him as well as lawyers, his options are limited and there is no work around for him. OP is out of options unless he gets married and starts the process all over again

Thank you krypton for summarizing my case. That is basically it. I guess I ran out of options. I even ask the lawyer if we could fight immigration because of the time they took to do something about it but he told me that is not an option. At the moment I?m divorced and not with anyone. My daughter?s mother is in process as well because she just got married with a USC. I?m very frustrated that this is ending this way. My dreams here are being flushed down the toilet.

[azblk]

Thank you krypton for summarizing my case. That is basically it. I guess I ran out of options. I even ask the lawyer if we could fight immigration because of the time they took to do something about it but he told me that is not an option. At the moment I?m divorced and not with anyone. My daughter?s mother is in process as well because she just got married with a USC. I?m very frustrated that this is ending this way. My dreams here are being flushed down the toilet.

There is no such thing as running out of options. You were once married to a USC and they filed AOS for you although the that marriage ended in divorce. You did it once so you can do it again. If you give up which it sound like you have then this only ends one way for you - having to leave the US ether voluntarily or involuntarily. Back in the day lots of people without status were able to live their lives under the radar in US relatively unmolested but things are changing.

The current administration with its nativist leanings has to decided to make life very difficult for illegals in the hope it will deter more from coming and scare the ones here already in "self-deporting". So it is unlikely that USCIS/ICE will administratively close your case after it is denied.

Basically unless you proactively do something to regularize you presence in the US, this will not end well for you since now they government knows you are here and how to find you.

[UScitizenFilingforspouse]

Summary: the OP filed for marriage based AOS, his case was not approved due to some other case(unknown what type of case it is) is/was still pending for him. tried to remove other case and got divorced in the process and stayed and kept renewing his ead. OP is now realizing that he has no basis for being legally present in the US and is looking for a work around so that he can stay and no trigger a 3/10 year ban on return to his home country.

Summary2: as all other members have told him as well as lawyers, his options are limited and there is no work around for him. OP is out of options unless he gets married and starts the process all over again

Thank you! That makes more sense.

[MrQuery]

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!

What is that other pending case about?

[chatuba80]

There is no such thing as running out of options. You were once married to a USC and they filed AOS for you although the that marriage ended in divorce. You did it once so you can do it again. If you give up which it sound like you have then this only ends one way for you - having to leave the US ether voluntarily or involuntarily. Back in the day lots of people without status were able to live their lives under the radar in US relatively unmolested but things are changing.

The current administration with its nativist leanings has to decided to make life very difficult for illegals in the hope it will deter more from coming and scare the ones here already in "self-deporting". So it is unlikely that USCIS/ICE will administratively close your case after it is denied.

Basically unless you proactively do something to regularize you presence in the US, this will not end well for you since now they government knows you are here and how to find you.

azblk...I understand what you're saying, but what else can I do with this case? I spoke with 4 different lawyers and they basically say the same thing, there's nothing that can be done. One says to withdraw the case and the other says to go to the interview and see what they say, if they put me on deportation removal, I'll fight it in the court, but I don't think I have too much of a chance because of the hardship. I've lived under the radar for 21 years (last 6 and a half I was in the pending case) and it's extremely hard to live like this because my life didn't go anywhere. What else can I do? Find a new love and marry in a couple of years, that's what I can do.
But what should I do now? Go to the interview or withdraw? Some lawyers are telling me that I will get denied but I won't get detained because I don't have anything against me.

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What is that other pending case about?

It's a marriage based case (I-485). I was married in 2011 for 3 years but now I'm divorced.

[azblk]

azblk...I understand what you're saying, but what else can I do with this case? I spoke with 4 different lawyers and they basically say the same thing, there's nothing that can be done. One says to withdraw the case and the other says to go to the interview and see what they say, if they put me on deportation removal, I'll fight it in the court, but I don't think I have too much of a chance because of the hardship. I've lived under the radar for 21 years (last 6 and a half I was in the pending case) and it's extremely hard to live like this because my life didn't go anywhere. What else can I do? Find a new love and marry in a couple of years, that's what I can do.
But what should I do now? Go to the interview or withdraw? Some lawyers are telling me that I will get denied but I won't get detained because I don't have anything against me.

I don't know whether it makes any difference if you go to the interview or not - the end result will be the same, your case will be denied. When they deny your case - it will invalidate your work permit immediately and you will be unable to work legally after that. If and when you will be referred to ICE for removal is just a matter of time and after you get put in removal - you will no longer be able to file i-485 with USCIS even if you have found love and remarried. You only options will be to file before the judge and recently the ICE prosecutors have been fighting this. Basically what am saying is time of the essence and if you are planning to do something bout your situation, you have to move quickly before this thing spins out of control.

I don't think you have a few years.