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-   -   Can somebody help? (https://www.askmehelpdesk.com/showthread.php?t=476130)

  • Jun 3, 2010, 12:26 PM
    dannyboy27
    Can somebody help?
    M in a removal proceeding but got married in the process, my wife has petitioned for me is been almost 2 years still waiting for the interview. Me not thinking twice I decided to a truck.while driving the tire burst overturned on the side of the road. I have 3 tickets failure to provide valid residence permit, no drivers license and driving uninsured. What are my odds about this situation?
  • Jun 3, 2010, 12:44 PM
    JudyKayTee

    You will NOT be considered to be a law abiding citizen - I think there's a good chance (unless you have a really good Immigration Attorney and even then I question the result) that you will be removed from the US.

    How can you drive without a residence permit, driver's license and insurance "not thinking"?

    It's this kind of judgment that concerns US officials.

    And, yes, I'm ex-US Government.
  • Jun 3, 2010, 05:20 PM
    dannyboy27
    Quote:

    Originally Posted by JudyKayTee View Post
    You will NOT be considered to be a law abiding citizen - I think there's a good chance (unless you have a really good Immigration Attorney and even then I question the result) that you will be removed from the US.

    How can you drive without a residence permit, driver's license and insurance "not thinking"?

    It's this kind of judgment that concerns US officials.

    And, yes, I'm ex-US Government.

    Thanks I know I messed up. Only a miracle will save me
  • Jun 4, 2010, 06:46 AM
    JudyKayTee
    Quote:

    Originally Posted by dannyboy27 View Post
    Thanks i know i messed up. only a miracle will save me


    I'd forget about a miracle and get a good Attorney,
  • Jun 4, 2010, 10:26 AM
    dannyboy27
    Quote:

    Originally Posted by JudyKayTee View Post
    I'd forget about a miracle and get a good Attorney,

    Yes I know that, but from what you said in the beginning a good lawyer most likely will not work because I broke the law. I will keep you posted of my outcome. Thank you for the advice and insight
  • Jun 4, 2010, 12:23 PM
    JudyKayTee

    Sure - let us know.
  • Jun 7, 2010, 11:31 AM
    NYcityboy
    Quote:

    Originally Posted by dannyboy27 View Post
    m in a removal proceeding but got married in the process, my wife has petitioned for me is been almost 2 years still waiting for the interview. me not thinking twice i decided to a truck.while driving the tire burst overturned on the side of the road. i have 3 tickets failure to provide valid residence permit, no drivers license and driving uninsured. what are my odds about this situation?

    Will need to know why you are in removal proceedings to see if the violation is waived by marriage to USC.

    If you are in proceedings, the IJ has jurisdiction over your cases, and USCIS can only approve the I-130, which is filed by the USC spouse. The IJ has jurisdiction over you in the removal proceedings and after the I-130 approval, can approve the PR or adminsitratively close the case to allow you to file AOS. I agree with JudyKayTee, consult with an experienced immigration attorney. Good luck.
  • Jun 24, 2010, 09:06 AM
    dannyboy27
    Quote:

    Originally Posted by NYcityboy View Post
    Will need to know why you are in removal proceedings to see if the violation is waived by marriage to USC.

    If you are in proceedings, the IJ has jurisdiction over your cases, and USCIS can only approve the I-130, which is filed by the USC spouse. the IJ has jurisdiction over you in the removal proceedings and after the I-130 approval, can approve the PR or adminsitratively close the case to allow you to file AOS. I agree with JudyKayTee, consult with an experienced immigration attorney. good luck.

    I applied for asylum back in 2006 but it was denied, that's why I am in removal proceeding. Thanks for the interest and advice
  • Jun 24, 2010, 12:59 PM
    NYcityboy

    Good information. If you are in removal for a denied P/A claim, then the reason for the NTA is likely overstay of visa. Your marriage to a USC should be approved. With the I-130 approval, if the traffic violations are civil statutory violations, should not be a problem with your case. Confirm with an immigration attorney. Good luck.
  • Jun 24, 2010, 02:57 PM
    dannyboy27

    Thank you very much for your advice
  • Jul 7, 2010, 02:49 PM
    dannyboy27
    Quote:

    Originally Posted by NYcityboy View Post
    good information. if you are in removal for a denied P/A claim, then the reason for the NTA is likely overstay of visa. your marriage to a USC should be approved. with the I-130 approval, if the traffic violations are civil statutory violations, should not be a problem with your case. confirm with an immigration attorney. good luck.

    OK just an update I went to traffic court 2 of my tickets was canceled and I got fined for driving without a license. The judge didn't ask anything about my immigration status.
    I just have one question maybe you can advice. My case is being transferred to NJ since I reside here. My removal proceeding was based in PA because I lived there before. So in Dec LAst year the judge in PA transferred it back to NJ because they have no jurisdiction over jersey hence they cannot terminate my removal proceeding and continue with my I-485 petition. I have been waiting for a letter in the mail but to know avail. I called INS explained the situation and I they said it would take 3 months to process, 3 months passed then I called again and they said 6 months extra . Its almost over now. What else can I do to follow up on my case because I feel like its really delaying?

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