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Adjusting my status with immigration judge

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  • Adjusting my status with immigration judge

    I'm from Honduras, I am married with an American Citizen since 2010 and I have an I-130 approved since 2011. My NVC case was taking too long and I decided to across the board. Now I'm in deportation. I know that I can file for asylum, but my chances are little because I cannot prove persecution or torture.
    I'd like to know if I the judge can adjust my status here with my I-130 approved?

  • #2
    Since you entered without inspection, the immigration judge does not have the discretion to grant you adjustment of status as a form of relief from and removal

    If you accrued more than 180 days of unlawful presence (you may not have), you should file for a waiver on Form I-601A. If you're not eligible for adjustment of status, ask for voluntary departure instead as a form of relief from removal. Try to negotiate a departure date far enough in the future so that your I-601A can be approved before you depart. If you can't negotiate that, be prepared to file Form I-601 abroad and wait the 14+ months it takes for it to be approved

    Find out if your spouse qualifies for an immigrant visa from Mexico or Canada, so you can stay there and wait for your immigrant visa instead of staying in Honduras

    Don't repeat your mistake by re-entering again without permission, the consequences are harsh

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