An approved I-130 and a clean record, outstanding order of deportation and medical issues with the USC spouse currently under treatment for depresion. Entry with a fake passport and lost asylum and appeals. What are the chances (%) a good lawyer could get the Chief Council to join in a joint motion to reopen under these circumstances?? If not what other options could be out there?, can not return ever to the homecountry.
Chances are 50/50. You may have an issue of proving your admission into the U.S. If you violated an order of voluntary departure you may be barred. And if you made a false claim to U.S. citizenship you are barred.
It is impossible to answer such a question accurately based upon those facts. You need to take you file to an immigration attorney for their review, at that point they will be able to advise you accordingly. My firm handles these types of cases.
Regards,
Nick Misiti
Misiti Global
212 537 4407
We have successfully filed many MTR's. However, these are extremely complicated cases and need full review of the file and facts. We suggest that you make an appointment and we will go from there. You may also reach me via e-mail at [email protected].
Two issues with this case - outstanding deportation order and immigration fraud. However, person was "admitted" albeit with fraudulent document(s). If it was not a fake U.S. Passport thereby triggering a false claim to U.S. Citizenship ground of removability, I believe the person is adjustable with a Section 212(i) Fraud Waiver due to extreme hardship to U.S. Citizen Wife. Issue then becomes how best to try to reopen case. Joint Motion is possible but problematic due to fraud issue and presumably getting married after final order. Depending on the severity on spouse's mental health issues, I would also consider a Sua Sponte Motion to Reopen Removal Proceedings where the last Court with administrative control over the file could reopen the case "on its own" motion due to extraordinary circumstances. Best, Angel F. Leal, Jr., Esquire
I work iout of the immigration court in Orlando. ICE counsel in Orlando rarely agrees to a joint motion. However a motion can be filed with the judge and the judge has discretion. However to determine whether you have a case with a reasonable liklihood of a motion being granted would require that I review you entire file.
