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Thanks guys in advance for answering my ?s.
I came legally to the united states with my two other siblings on a V2 visa based on a petition my parents filed in 2000. The form I-130 was approved and we were asked to file for an adjustment of status. My father was out of the country on a business trip so we filed for the adjustment of status ourselves. I lived in Los angeles at the time cos I was in nursing so I filed my I485 there(biggest mistake of my life). My 2 other siblings lived in Sacramento when they filed. The youngest who was 19 at the time got her green card while my other sibling who was 23 got her adjustment denied. I was 22. My dad came back a few years later and refiled the 485 for my sister and she was approved. On the other hand, my I-485 was denied and 6 weeks after getting that notice, I got another letter from the department of justice telling me that my stay in the US was unlawful thereby, putting me in removal/deportation proceedings. This was in 2007 and I've been fighting this since. I hired an attorney who didn't have an idea of what he was doing but the only thing he did was file for an extension of my visa in 2010 which was denied. He put together a good argument on why the petition to extend my stay be granted. it's been 3 years and haven't gotten a decision on the appeal. I recently fired my attorney because of my displeasure with his professionalism, like showing up to hearings late and not being organized. Got this new attorney who quoted me a couple of thousands just to accept my case. I agreed and got on board with him. The judge asked him to file a motion to terminate the removal proceeding and gave him a month to do so. The judge also gave the government attorney an extra month to respond to the motion after which a master hearing was set for July of this year.
My attorney called me a day after the last hearing and said that the govt attorney clearly told him earlier in the day that she would not be granting the dismissal of the removal proceeding based on 8 CFR section 214.15 subdivision L which states that an alien's status has to be current in order for termination of deportation proceedings be granted. He gave me 2 options: first is to wait for the result of the appeal to extend my stay that was filed in 2010 and in the meantime, file for administrative close. The administrative closure only temporarily removes me from deportation proceedings but doesn't get me my green card.
The other option was a good faith marriage to my long term girlfriend of 5 yrs. He said that would facilitate the termination of the removal proceeding and would also get me my green card in a matter of months.
My girlfriend and I have talked about marriage a lot of times but I don't want to get married under these circumstances. I want to be able to do it when the time is right as she is currently working on her doctorate degree and, I recently got accepted into medical school. Oh! By the way, med school won't be possible without a green card due to financial reasons.
I got confused more and more as I read the immigration code my atorney asked to look up that would prevent the termination of the removal proceedings against me. I didn't find what I was looking for and will be very grateful if someone here in this forum with knowledge of what i'm going through can shed some light on this code, taking d marriage route or just waiting it out to hear the outcome of the appeal filed in 2010 to extend my status and, give any legal advice on what can be done, if any, to terminate the deportation proceeding without getting married.
I am again grateful for you guys taking the time to read through this post, and I'll look forward to ur responses.
I came legally to the united states with my two other siblings on a V2 visa based on a petition my parents filed in 2000. The form I-130 was approved and we were asked to file for an adjustment of status. My father was out of the country on a business trip so we filed for the adjustment of status ourselves. I lived in Los angeles at the time cos I was in nursing so I filed my I485 there(biggest mistake of my life). My 2 other siblings lived in Sacramento when they filed. The youngest who was 19 at the time got her green card while my other sibling who was 23 got her adjustment denied. I was 22. My dad came back a few years later and refiled the 485 for my sister and she was approved. On the other hand, my I-485 was denied and 6 weeks after getting that notice, I got another letter from the department of justice telling me that my stay in the US was unlawful thereby, putting me in removal/deportation proceedings. This was in 2007 and I've been fighting this since. I hired an attorney who didn't have an idea of what he was doing but the only thing he did was file for an extension of my visa in 2010 which was denied. He put together a good argument on why the petition to extend my stay be granted. it's been 3 years and haven't gotten a decision on the appeal. I recently fired my attorney because of my displeasure with his professionalism, like showing up to hearings late and not being organized. Got this new attorney who quoted me a couple of thousands just to accept my case. I agreed and got on board with him. The judge asked him to file a motion to terminate the removal proceeding and gave him a month to do so. The judge also gave the government attorney an extra month to respond to the motion after which a master hearing was set for July of this year.
My attorney called me a day after the last hearing and said that the govt attorney clearly told him earlier in the day that she would not be granting the dismissal of the removal proceeding based on 8 CFR section 214.15 subdivision L which states that an alien's status has to be current in order for termination of deportation proceedings be granted. He gave me 2 options: first is to wait for the result of the appeal to extend my stay that was filed in 2010 and in the meantime, file for administrative close. The administrative closure only temporarily removes me from deportation proceedings but doesn't get me my green card.
The other option was a good faith marriage to my long term girlfriend of 5 yrs. He said that would facilitate the termination of the removal proceeding and would also get me my green card in a matter of months.
My girlfriend and I have talked about marriage a lot of times but I don't want to get married under these circumstances. I want to be able to do it when the time is right as she is currently working on her doctorate degree and, I recently got accepted into medical school. Oh! By the way, med school won't be possible without a green card due to financial reasons.
I got confused more and more as I read the immigration code my atorney asked to look up that would prevent the termination of the removal proceedings against me. I didn't find what I was looking for and will be very grateful if someone here in this forum with knowledge of what i'm going through can shed some light on this code, taking d marriage route or just waiting it out to hear the outcome of the appeal filed in 2010 to extend my status and, give any legal advice on what can be done, if any, to terminate the deportation proceeding without getting married.
I am again grateful for you guys taking the time to read through this post, and I'll look forward to ur responses.
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