my file to remove conditional green card has been denied, what are the deportation laws concerning this.?

Question

i am currently married to a u.s. citizen and living in u.s. with a conditional green card. i filed papers to remove my conditions on my green card and it have been denied. i am currently in review for deportation. what are my legal rights, and how will immigration laws effect my return to the u.s. in 6months.

i am legally married, however i was out of country when 2nd interview was requested and i filed for another interview but was denied. i am still married and living together. i am currently awaiting the letter from judge with court date and want to leave voluntarily. i recieved my denied for 2nd interview letter may 4/06, 6 months ago and i am still awaiting the court date to appear in front of judge. at this time i wish to leave dec. 14th but have yet to get any other notification from INS. can i leave when i want or do i have to wait for the court date to appear in front of lawyer..and if i do leave dec. 14th can i re-enter as a visitor(canadian). we still own a house here and wish to continue to own the house. i do not wish to continue the green card at this time i will be happy to enter as a canadian visitor for visits only and to continue to maintain our home here.

thanks for all your answer, however it seems that most of you reading my question fail to get it. so in short i am not or ever have been illigal or done anything illigal.my husband and i are married and remain so for more than 6 years now. there is no question here about our marriage. the facts are simple.if you miss the2nd interview then the file is automatically denied, the next step according to my lawyer is to wait for the letter from the INS with a court date to sit infront of a judge who can then review my case, change the decission or not...and give me a date for deportation or i can volunteerily leave......this is not the question.....i am still here after 6mths waiting to receive this letter...lawyers have told me over and over that i must sit and wait for this letter, however...we wish to leave the country and no-longer live here...after 6years of this stuff we are tired of the red tape.so if you are a lawyer and have solutions please write back. don't give abusive answers.

Answer 1

Look, you've been farting around for six months, now you post here. I've got an idea...... Consult with an attorney who specializes in immigration matters. You really need one, believe me.

Answer 2

Were you denied for failing to appear for the first interview? Rescheduling interviews with USCIS is a tricky business and a lot of cases that requested a rescheduled interview are denied. Basically, when USCIS schedules an interview, you better show up or suffer the consequences.

Immigration Law Sec. 216.4:
(3) Termination of status for failure to appear for interview .

If the conditional resident alien and/or the petitioning spouse fail to appear for an interview in connection with the joint petition required by section 216(c) of the Act, the alien's permanent residence status will be automatically terminated as of the second anniversary of the date on which the alien obtained permanent residence. The alien shall be provided with written notification of the termination and the reasons therefor, and a notice to appear shall be issued placing the alien under removal proceedings. The alien may seek review of the decision to terminate his or her status in such proceedings, but the burden shall be on the alien to establish compliance with the interview requirements. If the alien submits a written request that the interview be rescheduled or that the interview be waived, and the director determines that there is good cause for granting the request, the interview may be rescheduled or waived, as appropriate. If the interview is rescheduled at the request of the petitioners, the Service shall not be required to conduct the interview within the 90-day period following the filing of the petition. (Revised effective 4/1/97; 62 FR 10312 )

(2) Denial . If the director denies the joint petition, he or she shall provide written notice to the alien of the decision and the reason(s) therefor and shall issue a notice to appear under section 239 of the Act and 8 CFR part 239 . The alien's lawful permanent resident status shall be terminated as of the date of the director's written decision. The alien shall also be instructed to surrender any Permanent Resident Card previously issued by the Service. No appeal shall lie from the decision of the director; however, the alien may seek review of the decision in removal proceedings. In such proceedings the burden of proof shall be on the Service to establish, by a preponderance of the evidence, that the facts and information set f orth by the petitioners are not true or that the petition was properly denied. (Revised effective 4/1/97; 62 FR 10312 ) (Amended effective 1/20/99; 63 FR 70313 )

Answer 3

Why were you denied? Did you file your petition before the 90 day limit or did they adjudicate your union with your spouse and a case of bona fide marriage fraud. We need more information, your question was too vague.

There are a few waivers that may help you but you need to apply for them. Get a lawyer. One thing you have going for you is the right to ask for a voluntary departure rather than a formal removal if the immigration judge orders your deportation from the country. Good luck!

APPLY FOR A WAIVER

Answer 4

You failed to explain why you were denied? Are you here illegal to begin with ? Have you broken our laws?Are you anti USA? Can not help if we do not have more of a story than you gave. Good luck.

Answer 5

Generally when this happens it is because the INS caught on that it is a fake marriage.

Answer 6

If you have criminal background could be a reason for denial.....in this case you may have to retain an attorney to help...they know all the loopholes.