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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 13130
Experience:  B.A.; M.B.A.; J.D.
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i arrived in the US on a K-1 visa and married my wife within

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i arrived in the US on a K-1 visa and married my wife within the time provided early 2001, we did not file the naturalization forms right away and they were returned to us due to lack of correct paperwork, we filed to get the correct paperwork, but never refiled, i recently went on a vacation to St. Croix and i was detained going through customs and immigration due to being out of status, i have worked and filed taxes in the US since 2001, i was issued a voluntary deportation which allows me 10 days to depart, we were told to file form I-130, if i do will still need to leave the US or can i stay until my petition is accepted or rejected, would i have to file any other forms with it.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



i arrived in the US on a K-1 visa and married my wife within the time provided early 2001, we did not file the naturalization forms right away and they were returned to us due to lack of correct paperwork, we filed to get the correct paperwork, but never refiled, i recently went on a vacation to St. Croix and i was detained going through customs and immigration due to being out of status, i have worked and filed taxes in the US since 2001, i was issued a voluntary deportation which allows me 10 days to depart, we were told to file form I-130, if i do will still need to leave the US or can i stay until my petition is accepted or rejected, would i have to file any other forms with it.


Response: I-130 does not confer any immigration benefits except properly classifying your relationship to your U.S. Citizen spouse. Also and more importantly, you need to file I-485 (Adjustment of Status form) not I-130 since you already entered the country on I-129F (Fiancé Petition). However, since you have a Deportation Order, it is most likely that you would complete your Adjustment of Status process in front of the Immigration Judge. That is, USCIS is most likely going to deny your application for Adjustment of Status and would refer your case to the Immigration Judge. The Immigration Judge would then deny or approve your application.

You have a very good chance of the Judge ruling in your favor since you came in legally, attempted to complete the Green Card process, but for some reasons or another, you were not able to complete the process. While your Application for Adjustment of Status is pending, you do not have to leave the Country.

Customer: replied 1 year ago.

ok so i just need the i-485 and whatever i need to go with it, so as long as i file it within the 10 days does this mean they won't come knocking on my door looking to deport me ?, also i was told by a CBP officer that i needed the i-130 were they mistaken ?, is my case automatically transfered to the judge or do i need to request a hearing ?

Expert:  Phillips Esq. replied 1 year ago.

ok so i just need the i-485 and whatever i need to go with it, so as long as i file it within the 10 days does this mean they won't come knocking on my door looking to deport me ?,



Response 1
: No, it does not mean that.



also i was told by a CBP officer that i needed the i-130 were they mistaken ?,



Response 2: The officer was mistaken because you came in under I-129F. Once you entered and married the U.S. Citizen, all you need to file is I-485 along with the supporting documents:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD





is my case automatically transfered to the judge or do i need to request a hearing ?




Response 3: Once your application is denied, USCIS would give you further instructions on what to do. Also and this is very important, if you already have a case before the Immigration Court because of your Notice of Voluntary Deportation, then you would need to retain a local Immigration Attorney to file the Application for Adjustment of Status with Immigration Court and not with USCIS. A hearing would be scheduled in the case by the Immigration Court.

You can use the following sites to find immigration Attorneys:




http:///www.lawyers.com




http://www.justia.com

Customer: replied 1 year ago.

so how would i go about fighting the 10 day deportation order, is there a form i can file to ask that i'm not deported.

Expert:  Phillips Esq. replied 1 year ago.
so how would i go about fighting the 10 day deportation order, is there a form i can file to ask that i'm not deported.


Response: You "fight the Order" by filing Application for Adjustment of Status.
Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 13130
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 2 other Immigration Law Specialists are ready to help you

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