Pending I-130, deportation proceedings, infopass appt TOMORROW. Help

[sarahk316 2]

Ok so here's my story in a nutshell: Came to US in 2007 with f1 visa from England, in great academic standing. Met my husband in 2009, we married in Jan of 2011 and had our first child in May 2011. Due to the economy my student loan was canceled after the first yr in school and in 2010 I went out of status because I could not pay anymore. 2 weeks after our baby was born, ICE came to our home at 6am and took me into custody. I had been out of status for about 4 months, we were waiting for my husband's citizenship to come through which, ironically arrived the following week. Now, I'm in deportation proceedings and my master hearing is in one month. I don't have any criminal record and have been in no trouble nor done anything illegal. We sent off our I-130 on November 1 2011 and the only update so far is that it has been transfered to a local field office. I presume we will be interviewed soon. Our baby girl is 1 now. I don't have a valid id, no driver's license and ICE took my passport. Obviously it is very difficult to take my child places [husband works full time] without a license, or any form of in-date id. I also have many family members in England who I want to see and who I want to meet my little girl. We figured this would be fixed by now; I have relatives who are 85+ years old and I'm afraid they may never meet my baby.

I realize that these reasons are not extreme hardship according to the USCIS, but for my family they are. I want to go home and I want my daughter to know her family; I also want to be able to give her the life she deserves and for her to see more than I can currently give her.

With all that being said my husband and I have an infopass appointment tomorrow and are going to ask if there is any way we can get this I130 interview fixed up within the month before my master hearing, so that our lawyer can ask the judge to cancel the deportation case based on the approval of the I130. I am confident it will be approved - if not that is also fine, we want to speed things up and plan our move to England in that case rather than be stuck in this limbo we are in right now. So what should I take to the appointment? Is all our evidence of our relationship needed at this time? Also would I be able to postpone the master hearing for a later date if they are unable to expedite the I130? Sorry for this long letter, I hope that it makes sense.

[NancyNguyen 1,657]

Did you file I-485? I-130 won't authorize your staying it is the reason why they took you into custody. I urge you and your husband to contact an experienced attorney ASAP, this situation is out of control already. Act now before it is too late. Good luck.

[sarahk316 2]

Did you file I-485? I-130 won't authorize your staying it is the reason why they took you into custody. I urge you and your husband to contact an experienced attorney ASAP, this situation is out of control already. Act now before it is too late. Good luck.

I'm not able to file the I-485 because I'm under deportation proceedings, I can't file this until the judge cancels the deportation order, which he will most likely to do if the I-130 is approved before my master hearing in a month. I know why they took me into custody, like I said in the first msg I wasn't able to apply to adjust my status until my husband became a citizen which came through just after I was detained.

[NancyNguyen 1,657]

I don't know what to say but you are in a mess right now. I hope your attorney is experienced. Because this case is not a DIY process anymore. Good luck to you.

[DandT14 272]

Maybe it's irrelevant and I'm just being nosy, but what would cause ICE to come to your house and take you in to custody? There are countless illegal immigrants in this country, how did you get noticed?

[Mike Z 8]

I don't know what to say but you are in a mess right now. I hope your attorney is experienced. Because this case is not a DIY process anymore. Good luck to you.

agreed, this is beyond DIY.

sounds like she already has a lawyer, at least regarding the deportation proceedings.

but still some people can shed light on their experiences with INFOPASS and expediting.

i have read about people expediting as their spouse is active military.

the other process seems to be to get your congressman involved and ask him to look into things if its delayed.

your case is particular so i dont want to speculate what your chances are at the infopass appointment.

best of luck.

[sarahk316 2]

Maybe it's irrelevant and I'm just being nosy, but what would cause ICE to come to your house and take you in to custody? There are countless illegal immigrants in this country, how did you get noticed?

It's fine, we often wonder that ourselves. I have no idea why they came after me. I was treated like a criminal and have never committed any crimes.. not even a speeding ticket and that is because I don't even drive! I was doing very good at school, money issues got in the way and my husband was waiting for his citizenship.. we were told by a lawyer the chances of ICE coming to my house was next to zero.. but it happened. I wish I had more of an explanation also, but I don't. That is what makes the whole thing so much harder.

[sarahk316 2]

agreed, this is beyond DIY.

sounds like she already has a lawyer, at least regarding the deportation proceedings.

but still some people can shed light on their experiences with INFOPASS and expediting.

i have read about people expediting as their spouse is active military.

the other process seems to be to get your congressman involved and ask him to look into things if its delayed.

your case is particular so i dont want to speculate what your chances are at the infopass appointment.

best of luck.

Yes this is exactly right. I have a lawyer helping me with paperwork regarding the deportation. I just wanted to see if anyone had experience with Infopass. Like I said, there's nothing else missing from what I'm saying. I just want my family and I to be able to start our lives here, and if not move back to England and start our life there. Either way I can't just wait for years living like this with my daughter.

[LindaC1990 23]

Maybe it's irrelevant and I'm just being nosy, but what would cause ICE to come to your house and take you in to custody? There are countless illegal immigrants in this country, how did you get noticed?

I think it's because she dropped out of school,then school notified immigration office. you supposed to leave this country after you are out of status which was F1 for her.

My friend got kicked out of school last year around May, and she didn't think that's something serious until immigration officer knocked on her door and put her in jail for a week with a $10,000 bail. They released her a week later, and she got deported in a few weeks.

[jdh 103]

Yes, typically they come calling when someone reports you for whatever reason. Since you probably hadn't moved, they knew exactly where to find you.

Let's get this out of the air right away though - you have been in trouble and done something illegal. That's why they came for you and treated you like a criminal. Doesn't mean you aren't a good person, but saying that to an immigration officer will just tick them off.

[sarahk316 2]

Yes, typically they come calling when someone reports you for whatever reason. Since you probably hadn't moved, they knew exactly where to find you.

Let's get this out of the air right away though - you have been in trouble and done something illegal. That's why they came for you and treated you like a criminal. Doesn't mean you aren't a good person, but saying that to an immigration officer will just tick them off.

Yep, I know why they did, does it make it right? No, personally I don't think so. But I know why it happened. I think 6 armed officers at my door with my newborn child sleeping next to them was a little overboard. My question was about my appointment tomorrow, that's it. I'm not arguing with what they did. I know I did wrong and trust me I did everything I could to try and get enough cash to fund one more semester. But at the time there was nothing I could do. Now I just want it over one way or the other.

[jdh 103]

Yep, I know why they did, does it make it right? No, personally I don't think so. But I know why it happened. I think 6 armed officers at my door with my newborn child sleeping next to them was a little overboard. My question was about my appointment tomorrow, that's it. I'm not arguing with what they did. I know I did wrong and trust me I did everything I could to try and get enough cash to fund one more semester. But at the time there was nothing I could do. Now I just want it over one way or the other.

Just out of curiosity...why didn't you just adjust your status when you got married? You were married before your status expired, if I am getting the dates right...

[LindaC1990 23]

Just out of curiosity...why didn't you just adjust your status when you got married? You were married before your status expired, if I am getting the dates right...

her husband wasn't a citizen till she got caught.

[Kazulie 132]

In regards to your infopass question, I think I read on here, maybe another forum, that someone went to an infopass, ended up getting interviewed and approved right there, that day. I would take ALL your information if I were you. That is what I'll be doing on Tuesday when I go for my infopass. My husband is basically in your same position.

In regards to rescheduling your master hearing, I think when you go, the judge will schedule another hearing a few months later to give you more time to get that I-130 approved.

[Kazulie 132]

Also, most people on this website aren't too familiar with difficult cases such as ours. Have you looked at immigrate2us.net yet? They specialize in troubled cases over there.