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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

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Answered in 1 minute by:
3/28/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,314
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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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.

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Customer reply replied 3 months 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?

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Customer reply replied 3 months 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?

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Customer reply replied 3 months 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).

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Customer reply replied 3 months 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.

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Customer reply replied 3 months 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 Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,314
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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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!

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Customer reply replied 3 months 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.

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Customer reply replied 3 months 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.

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Customer reply replied 3 months 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.

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Customer reply replied 3 months 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.

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