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how can i reopen my case or is there a opcion to doit bi my self whit a lawyer whit out a peticioner?
Optional Information: State/Country relating to question: North Carolina Already Tried: well i got here in sep 1998 then i got merried in apr 2001 my wife cheated on me so we separate in oct 2001 and i never recive or she give me mail and burn everithing so i ben scare to as in imigracion what happend or what can i do
Hello. You had a Deportation case?
no i have never ben deported or never ben in trouble other thenjust speeding ticket
Do you have at least a 2 year conditional Residency?
And how did you enter the U.S.? Illegally or with A visa? Which visa?
when i came in i did illigally but when i put in my peticion i pay a fine for2000 for came in illigally
Who filed for you so that you could get 245(i)?
my wife and i filed but i dont know what is 245 i all i file was i485 and 2 other and i pay the fine they call me a month later to came over and get my work permit and went get my ssn and then she have the afair and i just got scared because i dint not know what to do then en 2004 i star a new relation wich we never got merried but a child come out from it she also had in a afeir when our douoghter turn two i hesitate but i diside to get custudy i got so far 50/50 for the pas 3 yrs and i just cant see my self whit out my dougther
Someone had to file an I-130, I-140 or Labor Certification for you on or before April 30, 2001 in order for you to get that "forgiveness" for entering illegally. That is 245(i). Who did that for you?
i am sorry all i can think it will have ben my ex wife and the only other informacion i have is my recit # XXXXX my a number
Well, unfortunately, your current spouse has to petition for you. If she does not, then you cannot get Residency. The ONLY way that you can petition for yourself through that relationship is IF you can prove that she physically abused you or abused you through extreme mental cruelty. If you cannot, then you cannot get a Residency through her. Here is a link:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD
IF you already have at least a 2 year conditional Residency through that Marriage, then you could file an I-751 waiver, but if you do not, then you cannot get Residency through her. If you do have a 2 year conditional Residency, here is the process:
If you do not, then you will need to divorce and marry another U.S. Citizen (for love, not for the papers), or have a U.S. Citizen son or daughter over 21 file for you, or you can try to have an employer file for you since you have 245(i), though that will most likely take 6 years before your status changes and you won't even have a work permit during that time. I am truly sorry, but your options are limited. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. It is VERY important that if you are not satisfied, please ask additional questions. My goal is to provide you with top-notch service. And please don't forget to rate me, but please rate me on my service to you, not the state of the law because I have no control over that. Also, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
well i ben in the states whit out living since 1998 she claim we dint get divorce till 2006 whe we separate in oct 2001 well she say she faild wich i toll her i wasnt goin to give divorce till she write me a leter say ing she had cheat on me and i dint do nothing wrong in the merriagebut she never would and about the 2 yer conditionaly residency i dont know what is that? and i dont have my card because i never renew and what is 245i
bi the way thank you for you time