If u two were married, you can apply 130&485

来源: howdy 于 2006-10-09 10:38:46 [] [旧帖] [给我悄悄话] 阅读数 : (846 bytes)

for her right away even though 她还在上庭（政治庇护）．

Currently USCIS could adjudicate cases where the applicant is in removal or deportation proceedings. the new law was effective from May 12, 2006.

If you have filed 485 for her, then her lawyer could request her proceedings be administratively closed or postponed until her 485 could be adjudicated. Her lawyer must netogiate with ICE's counsel before such request is made at the hearing.

2 years residence requirement was applied in a lot of cases where the applicant was married to a USC while in removal proceeding. If the 2 year out of US residence is not satisfied, the applicant (485)MUST prove by clear and convincing standard that you have a real marriage, then GC would still be possible without leaving US.

Diclaime: FYI only, not a legal advice.

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