Immigration Site

Hello everyone.

Ive been looking for information on how to apply for GC through marriage after denied asylum all over the internet including this forum and could not find any sufficient info.

Heres some prehistory on my case:

-I entered the country in May, 2008 with J-1 status (without 2 year requirement).

-Overstayed my visa and applied for Asylum (I-589) in April 2009. The Asylum Interview was in May, 2009. After the interview I got reffered to an Immigration Judge.

-The Court was in November 2010. Asylum was denied by Immigration Judge. It put me in Removal Proceedings.

-I filed an appeal in November 2010. The lawyer did send the appeal but didnt send the brief. After consulting with me he decided that sending the brief would only "Irritate The Board of Appeals". However, he states that I dont have a Final Order if Deportation yet.

-I got married in March 2011 and havent filed anything with USCIS yet.

I am confused on how to file the forms and whom to file them with because of my status. I am not going to hire a lawyer this time because of the experience I had with Immigration Lawyers before.

Heres what information The Immigration Court Information System (1-800-898-7180) gives me as of today:

1. Next hearing date: The system does not contain any information regarding a future hearing date on your case

2. Case processing information: The clock is permanently stopped on your case. 64 days have elapsed.

3. Decision information: The immigration judge ordered removal on your case. Your appeal was received in November 2010. It is currently pending.

4. Case Appeal Information: Your appeal was received in Nov 2010. It is currently pending. Briefing schedule has expired and no alien brief has been received. The INS brief was received in Feb 2011.

Here are my questions:

1. I am confused whether I should just file I-130 with Immigration Court (since I am in removal proceedings) or send the whole package (I-130, I-485, I-765, etc.) to USCIS? If I have to do it with Immigration Court, then how exactly do I file it? Do I send it to the Judge that denied Asylum? Plus I currently reside in another state.

Some claim I have to wait for I-130 to be approved by Immigration Court PRIOR to I-485 filing and it takes years.

2. I failed to change my address with USCIS when I moved from FL to NC a long time ago. Should I put my NC address on the forms and, if I dont, what would the consequences be?

3. I worked without Employment Authorization Document in NC but through my SSN. Paid taxes and everything. Should I put that employer on the forms?

4. I currently reside in another state with my wife and I havent changed my address with USCIS either because Im afraid of ICE showing up at my house. Should I change my address with them?


Any advice on any of the issues above would be greatly appreaciated.

You need to be working with an attorney. If you are not satisfied with the one you have, get a new one who is a member of AILA and a specialist in cases like yours.

I understand your concern. But I would like to do it myself. Would they charge me the fees if I sent the forms to uscis instead of the immigration court btw?

I understand that it will cost you but you really need to consult an attorney. This is not one you will file yourself like someone without a history as yours. You can call attorneys and get free consultation over the phone.

By the way, have him file the brief whether it irritates them or not, he just does not want to seem incompetent. Perhaps you can ask his opinion on how to file your current inquiry here.