How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108649
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

Wht is the process to become legal when you have a

Customer Question

wht is the process to become legal when you have a deportation orde from 10 year ago?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: yes , the i30
JA: Have you talked to a lawyer yet?
Customer: yes.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i was 16 when i got in
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Sorry for the delay. What country are you from? How did you originally enter the U.S.? Illegally or with a visa? Which visa? And why did they place you in removal proceedings? Did you commit some crime? Which?

Customer: replied 8 months ago.
Brazil
Customer: replied 8 months ago.
I am from brasil, I entered illegally, I was 16 and I was with my father , we were told to give different names to the imigration officer if we were caught, we were caught and we gave different names to the officers ,but they have my finger prints . I got married to a us citizen 3 year ago , we applied for the I30 ,now I have an interview.. my atornery said that I will not be taken in custody but there's a chance.. WHT do think ? And if the they approve the i 30 how long until a have the the order of deportation canceled?
Customer: replied 8 months ago.
Never comited any crime besides entering iligal and not appeared to the court 10 yeas ago
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Well, I may have bad news for you. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

First, you cannot Adjust Status inside of the U.S. because you entered the U.S. illegally unless you qualify under 245(i). To qualify under 245(i), you had to have had an I-130, I-140 or Labor Certification filed for you on or before April 30, 2001. Do you think you qualify?

Customer: replied 8 months ago.
I applied for the I30 and have an interview scheduled already
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Ok, but that's not going to help you stay in the U.S. even if you get approved. Did you have an I-130, I-140 or Labor Certification filed for you or under which you were named (maybe as a child under your parents) on or before April 30, 2001?

Customer: replied 8 months ago.
No
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Ok. Like I said, I'm not going to have good news for you, but please do not shoot the messenger. Without 245(i), you cannot get status within the U.S. even if you get the I-130 approved. You first need to get the I-130 approved. It is dangerous because you have an order of removal already entered against you. If they want, USCIS could contact ICE and have ICE agents ready at the I-130 interview to take you into custody and get you ready to physical deport you from the U.S. If you hire an attorney (which I recommend), they could try to prepare an I-246 for you as a Stay of Removal to stop them from deporting you temporarily. Here is a link:

https://www.ice.gov/sites/default/files/documents/Document/2014/ice_form_i_246.pdf

There is no guarantee they will approve it. Assuming they approve it or they don't try to take you into custody, then your spouse will file an I-601A to get you a pre-approval to come back to the U.S. that will "forgive" your illegal time in the U.S. Here is a link:

https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

If you can get that pre-approval, then you should file what is called a proposed joint motion to reopen immigration proceedings. You have to give this to the ICE attorney and convince the ICE attorney to join in the motion. If the ICE attorney is not convinced, then the only choice is to file a motion to reopen immigration proceedings sua sponte directly with the court and pray the court decides to invoke their sua sponte power to reopen the case. Because if you cannot get the case reopened, then when you leave the U.S. to use the I-601A pre-approval, you will also need another waiver to come back to the U.S. to forgive the penalty for the deportation which could be 5 or 10 years. This is the I-212 and if you cannot get the removal order set aside and you need the I-212, you have to wait one year outside of the U.S. before you can file it. Here is a link:

https://www.uscis.gov/i-212

This is very complicated stuff and the best chance is if you hire an attorney. You could try to find one at www.ailalawyer.com.

I am truly sorry for the bad news, but the options are few and not easy. At least you know what to do.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Thank you for your kindness and respect. Good luck to you.

Related Immigration Law Questions