What happens when your K-3 VISA husband is denied adjustment of status/Green card & told to LEAVE the U.S.?
Answer:
**updated**
You can't appeal this type of decision.
To the person who "thumbs downed" my answer: I suggest that you go back to class and reread 8 CFR 245.2(a)(1), 1245.2(a)(1)
His "appeal" is to receive an NTA (notice to appear) to the immigration court where he will be given an opportunity to apply for any relief which might be available to him. He may succeed in immigration court where he has failed with USCIS. A denial at USCIS is not necessarily the final word.
USCIS is very competitve about issuing these denials. Of the cases that I take, I can usually get the client adjusted in proceedings almost all the time. (hint: I don't take dead-bang loser cases)
Thanks for the addtional info It makes everything clear. I can guess that his I-129 (notice of denial) is probably for 212(a)(6)(C)(i). It does look pretty blatant, although there could be some understandable reasons for his behavior.
These types of cases are the bread and butter of EOIR (immigration court) practice. It could be that he would be granted AOS in proceedings. I have seen similar fact patterns prevail, although there are never any guarantees. Everything is very fact specfic.
On the other hand, it sounds like he didn't tell you anything about this. I'd go out on a limb and say that there are grave concerns as to his dedication to your relationship. It's impossible for any of us to judge, since we don't have all the facts.
Good job to the first lawyer who got his first weed charge fixed. The 2nd driving while suspended wouldn't have mattered at all if he had just admitted it. The 2nd weed charge would have certainly needed to be fixed. As it is right now, I'd say that he is inadmissible (category of immigration "no-no's") until he takes care of this 2nd weed charge.
It's pretty stupid that he didn't just come clean. All of these things that you describe are easily solved by competent immigration/criminal lawyers. If you haven't already kicked him out on his butt, please get him to a deportation lawyer. This may not be as bad as it sounds and may not be a complete dead-bang loser case. The lawyer would represent him and not you, regardless of who pays for the services (which is something that you should think about). There seems to be a huge potential conflict of interest between you and he if you aren't able to resolve this or if he does lose at the EOIR level and has to pursue further appeals.
Disclaimer: Don't rely on anonymous advice given to you through the internet regarding complex legal issues given to you by any person with a strange name who may seem otherwise uniquely qualified. Sit down in the offices of a lawyer.
~Mr. Schmegicky
Apply for an appeal within the time frame. What was the reason for the denial.
Leave the country like I did. Best decision I ever made. You dont know what freedom is until you live outside THE SYSTEM.
They say "america love it or leave it" and I left it and I love it.
A satisfied expat.
The immigration information post by website user , MyTend.com not guarantee correctness