Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My mother came in the 80s on a visa that she overstayed. She…

Hello. My mother came...

Hello. My mother came in the 80s on a visa that she overstayed. She filed for an asylum which was denied. she has a deportation order from 1999 but is a TPS Holder for about 20+ years now. Her I485 was denied and the motion to reopen was denied as well. Petition from me (her daughter) was denied because of no bona fide relationship between me and my "spouse" it was filed correctly but error on decision letter. what can we do now?

Lawyer's Assistant: What steps have been taken? Has any paperwork been filed with the U.S. government?

Yes. She filed I130 with I485 which was denied, motion to reopen I485 was denied. I130 was denied because of no bona fide relationship. She is my mother it was filed correctly but it says "spouse" on decision letter.

Lawyer's Assistant: Have you talked to a lawyer about the visa?

Yes Thats when we tried to reopen I485. which was denied

Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 1 minute by:
3/28/2018
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,997
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

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.

Ask Your Own Immigration Law Question
Customer reply replied 27 days ago
Thank you for taking the time to look over my question. We've paid many lawyers and have done the most we can and are really out of resources and options. In other words, we've been lied to a lot and I just want your honest opinion on this matter and am really looking forward to hearing from you.

Sorry for the delay. 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.

I don't understand how an I-130 that you filed as a U.S. Citizen for your mother could be denied for lack of a bona fide relationship. Are you saying that you got U.S. Lawful Permanent Residency through marriage to a U.S. Citizen, then you became a U.S. Citizen and you filed an I-130 for your mother and they denied it because they investigated your original marriage and they think it was fraudulent?

Ask Your Own Immigration Law Question
Customer reply replied 27 days ago
Hey so. we filed I130 and I485 together. I petitioned for my mother but it says they didn't see a bona fide relationship between me and my "spouse" She is my mother not spouse. It was filed correctly (proof on the receipt) But error on decision letter. I485 was denied because of old deportation from 1999. we filed a motion to reopen but it was denied as well.

Ok And the I-130 was denied when?

Ask Your Own Immigration Law Question
Customer reply replied 27 days ago
February

It has been longer than 30 days? By the way, the I-485 was never going to get approved because of the order of Removal and the motion should have been filed AFTER the I-130 was approved (I know it wasn't approved).

Ask Your Own Immigration Law Question
Customer reply replied 27 days ago
it has been longer than 30 days since the petition was denied. We were going to file a motion but we were told it takes longer than a new petition. Okay so what should we do now?

It is too late to appeal the decision because it has been longer than 30 days. File a new I-130 by itself with supporting evidence to get an approval probably within 6 months or so. Only after the I-130 is approved, that's when your mother can file what is called a proposed joint motion to reopen immigration proceedings. She has 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 she cannot get the case reopened, there is no way to fix her status because she has an order of deportation against her. But with an approved I-130, there is more chance that the case can be reopened.

If the case is reopened then the I-485 can be filed with the Immigration Judge or the Immigration Judge can terminate proceedings so that she can file the I-485 with USCIS.

This is very complicated stuff and the best chance is if she hires an attorney. She could try to find one at www.ailalawyer.com.

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.

Ask Your Own Immigration Law Question
Customer reply replied 27 days ago
Okay you’ve given me more information with $5 than 2 lawyers we paid 3500 a piece for have. Thank you so much.

$5 is the deposit to ASK a question. Once an expert answers, the total is around $38 or so. I hope that is ok. And you are very welcome, but PLEASE do not forget to rate me positively so that I can get credit for my assistance to you. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You may have to scroll up to the top of the page to see the stars/smiley faces. If you don't see them because perhaps you are using the mobile app, then try clicking on my name and they should come out. Since I am NOT given a salary, it is the only way the website will compensate me. You are NOT charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,997
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
Ask your own question now

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

Ask Your Own Immigration Law Question
Customer reply replied 27 days ago
Would you be able to tell me what this says? It’s been hard to understand. This is on the denial letter.

The motion is untimely per regulation. Cause not shown for failure to appear. Not eligible for requested relief.

Ask Your Own Immigration Law Question
Customer reply replied 27 days ago
Would you be able to explain what that means?

It is line with what I already explained. They didn't want to reopen because the motion was late, because no good cause was shown for not appearing previously, and there is no relief available to her at the moment even if they reopened the case. So just follow my original answer.

Ask Your Own Immigration Law Question
Customer reply replied 27 days ago
Appearing previously? There was no court date or interview date scheduled.

There seems to have been a failure to appear at some point. Even if there hadn't been my answer still remains the same. The way to solve this is how I have indicated.

Ask Your Own Immigration Law Question
Customer reply replied 27 days ago
Great. Thank you. Would filing a new petition take less time than filing a motion to reopen the previous petition?

Probably and I already explained that because it has been more than 30 days since the I-130 was denied, you are too late to try to appeal that decision. Forget about the old I-130. Move forward with a new one.

Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,997
111,997 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Guillermo J. Senmartin, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

111,997 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
FOR GUILLERMO can someone who is in deportation proceedings,
FOR GUILLERMOcan someone who is in deportation proceedings, and subsequently filed for a marital Based petition and adjustment of status application also apply for a work permit at the same time… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers
I have a question about a rejected I-485 application. I
Hi, I have a question about a rejected I-485 application. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am wondering whether withdraw pending I-485 application
I am wondering whether withdraw pending I-485 application will influence my future green card application in case I need it. In addition, whether withdraw will influence my application for B1 visa for… read more
Expert James
Expert James
Doctoral Degree
11,982 satisfied customers
Is it better to self deport and ask for a waiver to obtain a
Is it better to self deport and ask for a waiver to obtain a visa or is it better to allow the judge to remove you on a removal proceedings hearing and then ask for a wavier to return to the country?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers
My fiancee is going to be deported. He was already deported
My fiancee is going to be deported. He was already deported once about 3 to 4 years ago. The ins has told him he could serve more time because he came back a second time. Is this possible?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers
I want to marry an inmate who is going to be deported. Is
I want to marry an inmate who is going to be deported. Is this possible? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers
I am filing I-485 now and come to this question. I married a
I am filing I-485 now and come to this question. I married a US citizen before and have applied for I -485 since I wanted to apply for green card through marriage. But we then divorced and I didn't go… read more
Expert James
Expert James
Doctoral Degree
11,982 satisfied customers
Need help with immigration matter. My and my wiife's I-485
Yes, my and my wiife's I-485 has been filed on September 1st 2017. It is employment based EB-2. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers
If someone self deported and they don't have a ban to come
If someone self deported and they don't have a ban to come back to the states, can they get a visitor visa?… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
There is a question on my i-485 form, that is asking for the
there is a question on my i-485 form, that is asking for the form 1-94 arrival and departure record number, the form is not in my possession. do i leave the question blank?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers
Immigration question. About I 485. Verginia. I was on TN
I was on TN work visa and my family was on TD. We filed for adjust to GC. I got approved and family got rejected due to exit the country before get the advance parol. Now I got the green card. Family can still file again for the adjust from TD to GC again? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers
Form i-485, recent immigration history line 16, where do i
form i-485, recent immigration history line 16, where do i fine the travel document number used at arrival ? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
How can I withdraw my I-485 application? I filed the I-485
Hi, how can I withdraw my I-485 application? I filed the I-485 together with the I-130, but I left the US before I got the EAD. I then entered the US with an HIB and now I'm want to apply for a new EA… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers
Only for "Guillermo J. Senmartin" Immigration Judge had
Only for "Guillermo J. Senmartin" Immigration Judge had ruled on December 11, 2017. I was able to obtain some additional information on her case. Immigration Judge sustain the finding by Asylum office… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers
If you were ordered deported in absentia, immigration judge
If you were ordered deported in absentia, immigration judge refuses to reopen old case, have a misdemeanor criminal record, married with approved I-130, have a USC child, and only option is to leave t… read more
Expert James
Expert James
Doctoral Degree
11,982 satisfied customers
Immigration. Permanent resident's spouse. I-485 already
Immigration. Permanent resident's spouse. I-485 already filed with USCIS based priority dates. Husband is from a ESTA EU country, arrived with visa waiver, after examination but then overstayed. He wa… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers
I have an immigration question. my nephew is applying I-485
hi, I have an immigration question. my nephew is applying I-485 for his mom and she is living in the U.S legally with her visitor visa. but my nephew just finish college and just got a job on june 201… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
My immigration case was dismissed by the immigration judge i
my immigration case was dismissed by the immigration judge i was a legal permanent resident what do i have to do to get it back now that my removal hearings were terminated … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
111,997 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x