I-485 Pending - ICE detention - Delayed decision - Divorce

[NeuroNet]

Hi folks,

I entered the us in 03/2015 on a B2 visa with an admittance until 5/12/2015..
2 month later I got married to a USC BEFORE the expiration of my admittance.

Due to financial issues we couldn't file for the I-485 until 07/2017.

The I-485 together with the petition and all necessary paperwork got accepted for processing.

In 01/2018 I got detained by ICE and placed in detention and removal proceedings with the argument that I've overstayed and the pending I-485 doesn't matter. No felonies, no criminal charges despite one speeding ticket.

After 17 days an IJ granted me a $3k bond which was immediately posted and I got released out of detention same day.

After the release USCIS wouldn't process my I-485 due to the pending deportation procedure.

Immigration attorneys finally then got USCIS in 11/2018 to continue to process my application and interview was scheduled for 12/2018.

One day before the interview I received my EAD and pre-parole via mail.

On the day of the interview they approved the petition, and issued an RFE for a missing death certificate of my first wife.

2 days later they administratively closed the case due to the pending removal proceeding.

In 03/2019 we got divorced for "incompatibility"....

Now the IC is offering me "voluntary departure".

Is there anything I can do? I mean, if ICE wouldn't have detained me for a "stupid" reason USCIS would have made the final decision way back beginning of last year and all would have been fine.

Now I'm living in the US for a good 4 1/2 yrs, having a good job, never applied for any benefits, doing volunteer work for the local PD, FD and the ARC... And now they wanna kick me out...

Any suggestions?

[azblk]

Sorry to say but from your post it seems you no longer have any basis to stay in US.

ICE can detain and attempt to remove anyone that is out of status even with a pending i-485. They generally do not do that but there in nothing in the law that prevents them from doing it.

Basically the US immigration system is employment based or family based, the are some self sponsorship categories like asylees, refugees and the like but currently you are not in any of them as far i can tell. You are better served talking to an attorney than asking on this DIY forum. Contesting removal is not something you want to try on your own.

I just do not understand why you would get divorced knowing full well that you still had a pending i-485.

[NeuroNet]

I just do not understand why you would get divorced knowing full well that you still had a pending i-485.

Relations can get bad. Was not my call to get divorced. But if ICE hadn't arrest me USCIS would have processed it before things went south.

[bondsandloan]

Take other posters advise. There is no merit in the What ifs though that doesn't feel good.

What was the "stupid" reason ICE detained you?

[Maria L]

Can you give us more details about your ICE detention? Why did they detain you?
I'm sure many people are in your situation, adjusting status after overstaying their visa.
Good luck!

[gaps0214]

Hi folks,

I entered the us in 03/2015 on a B2 visa with an admittance until 5/12/2015..
2 month later I got married to a USC BEFORE the expiration of my admittance.

Due to financial issues we couldn't file for the I-485 until 07/2017.

The I-485 together with the petition and all necessary paperwork got accepted for processing.

In 01/2018 I got detained by ICE and placed in detention and removal proceedings with the argument that I've overstayed and the pending I-485 doesn't matter. No felonies, no criminal charges despite one speeding ticket.

After 17 days an IJ granted me a $3k bond which was immediately posted and I got released out of detention same day.

After the release USCIS wouldn't process my I-485 due to the pending deportation procedure.

Immigration attorneys finally then got USCIS in 11/2018 to continue to process my application and interview was scheduled for 12/2018.

One day before the interview I received my EAD and pre-parole via mail.

On the day of the interview they approved the petition, and issued an RFE for a missing death certificate of my first wife.

2 days later they administratively closed the case due to the pending removal proceeding.

In 03/2019 we got divorced for "incompatibility"....

Now the IC is offering me "voluntary departure".

Is there anything I can do? I mean, if ICE wouldn't have detained me for a "stupid" reason USCIS would have made the final decision way back beginning of last year and all would have been fine.

Now I'm living in the US for a good 4 1/2 yrs, having a good job, never applied for any benefits, doing volunteer work for the local PD, FD and the ARC... And now they wanna kick me out...

Any suggestions?

You write that you have a good job, and have not applied for any benefits. Then presuming you are capable financially to get a professional to advice you on the legal options you have, I suggest that you approach a reputable immigration lawyer to get your situation straightened out.
Best wishes and good luck on your case.
Cheers.

[Zips]

Hi folks,

I entered the us in 03/2015 on a B2 visa with an admittance until 5/12/2015..
2 month later I got married to a USC BEFORE the expiration of my admittance.

Due to financial issues we couldn't file for the I-485 until 07/2017.

The I-485 together with the petition and all necessary paperwork got accepted for processing.

In 01/2018 I got detained by ICE and placed in detention and removal proceedings with the argument that I've overstayed and the pending I-485 doesn't matter. No felonies, no criminal charges despite one speeding ticket.

After 17 days an IJ granted me a $3k bond which was immediately posted and I got released out of detention same day.

After the release USCIS wouldn't process my I-485 due to the pending deportation procedure.

Immigration attorneys finally then got USCIS in 11/2018 to continue to process my application and interview was scheduled for 12/2018.

One day before the interview I received my EAD and pre-parole via mail.

On the day of the interview they approved the petition, and issued an RFE for a missing death certificate of my first wife.

2 days later they administratively closed the case due to the pending removal proceeding.

In 03/2019 we got divorced for "incompatibility"....

Now the IC is offering me "voluntary departure".

Is there anything I can do? I mean, if ICE wouldn't have detained me for a "stupid" reason USCIS would have made the final decision way back beginning of last year and all would have been fine.

Now I'm living in the US for a good 4 1/2 yrs, having a good job, never applied for any benefits, doing volunteer work for the local PD, FD and the ARC... And now they wanna kick me out...

Any suggestions?

You need a lawyer who can have ICE to close your deportation or removal proceedings, without that they won't approve anything, my wife went through something similar and the problem is based on that can not approve anything while you have an open removal proceeding. Find a good lawyer a reputable one and have him first close you removal proceedings then work on the rest.

-Z

[azblk]

Relations can get bad. Was not my call to get divorced. But if ICE hadn't arrest me USCIS would have processed it before things went south.

No point crying over spilled milk. The only way you are going to stay in the US is you have to find another basis of staying since are no longer married. The problem you have is you are already on the ICE/IC radar so you may not have enough time to remedy the situation. Talk to a lawyer and explore your other options if they are any. VAWA, COR if you have american children/parents, asylum or something along those lines.