Removal and Marriage to USC

Good afternoon, my name is Alena Shautsova. I am an Immigration attorney from Brooklyn New York
today’s the in the speaking video I would like to talk to you about what to
do if now you’re in immigration court proceedings removal proceedings and you
married to a u.s. citizen so the plan will depend on whether you can adjust or
you cannot adjust because either United States Citizenship and Immigration
Services will have jurisdiction over you if you’re not in immigration court and
you can adjust but now when you are in Immigration court ,immigration court also can
handle adjustment of status for somebody who qualifies if they’re an immigration
court so if you can adjust meaning that you have an legal entry previously or
parole what’s going to happen is that the judge well adjourn the case until
you’re I want thirty petition petition to recognize you to be an immediate
relative of the US citizen who sponsoring you is approved by the United
States USCIS because only USCIS not the Immigraiton judge can approve that
petition I-130 petition because marriage case is a two-step process
first the I 130 has to be approved and then i-485 and other forms ordinary a person
who is not in immigration court will file the whole package together but when
you are in immigration court you have to go step by step so if you can adjust, first I 130 has to be approved you’re likely to be invited for
an interview you have a higher burden of proof that the marriage is a fact real you
know if opposed to if you were doing it with USCIS without the immigration
court okay but it’s possible it’s very much doable you should be able to handle
that and after i-130 is approved then you go for adjustment status with the judge
previously lawyers would ask the immigration court terminates the case
against you so for the second step you also could go to USCIS nowadays the
judges handle the process and I told you it will be the judge who will decide
whether or not to give you a green card all right if you if you are adjustable
and if you deserve the adjustment which usually unless you really do not qualify
for it and there are no waivers you can qualify for criminal convictions you
should be able to get okay if you’re not adjustable right meaning you do not have
legal entry but you are married to your citizen still have a chance okay what’s
going to happen is this previously the the lawyers would ask the judge to terminate
the proceedings so you can get I 601 a waiver and handle the whole case so I
second waiver starting from last year that practice was terminated by Attorney General The attorney general stated that the judges do not have
jurisdiction to terminate the case for that so what’s going to happen is that
you’re either going to perhaps qualify for cancellation of removal but if not if
you don’t have the required qualifications for that then you can
either ask the government to dismiss your case dismiss the case against you
and that’s how they’re more precincts will be closed and you will be able to
get desks whatever and whole thing or you will ask the government to allow you
to leave voluntarily departure and here is a situation that you know you would
still need a were able to come back but that’s at least with this situation you
will not have to cry for one more waver waver when you receive order of
deportation against you or remove and then you have to fight for that waiver
or permission to apply for admission as well so it will be harder basically to
to to get more status in the night States and will take longer but possible
so how this video was helpful and if you need more information regarding United
States immigration process you can find it on our website

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