Immigration Issues/Overstay of voluntary removal
My husband entered the country legally on a tourist visa and overstayed. He went to the INS but was denied an asylum petition (in 2003) due to an incompetent attorney who left the state before completing the proceedings. My husband had real reason to fear persecution in his home country of Sri Lanka. Rebels there were targeting young men of the Buddhist faith and he had been involved with a peace movement while a student.
My husband elected to leave voluntarily but could not due to the fact that he had given all of his savings to the attorney. We got married last month but haven't filed any petitions as yet. Does he have grounds for cancellation of removal proceedings? Can we appeal the asylum decision now that we are 2 years later?
Your only chance is to seek a reopening of his removal proceedings based on ineffective assistance of counsel. If the proceedings are reopend you may go forward witht he marriage case.
Let me know if you a good attorney to represent you.