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

[kiko0809 0]

call the law office of brian d lerner i was in deportation he has allot wins on hard cases due to criminal record and he save me he honest and my payment low o don't think yours is hard is mine ice came to my house i win case on court of appeal's hope he help you to good luck

Edited May 11, 2012 by kiko0809

[Harsh_77 716]

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

But that should had not stopped them from filing the paperwork as LPR and once her husband got citizenship it could had been updated on the file.

[hamigirl710 112]

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.

I believe you could have still applied to adjust your status with your husband being a LPR because many LPR's do it and when they become citizen's their case changes status.

And you did commit a crime because you were here in the US illegally and out of status and that is considered a crime and is more severe than a speeding ticket in the eyes of the government.

I wish you the best and hopefully you have a good lawyer on your side!

[Almost done 0]

So sorry to hear this, but if you applied for the I-130 Nov. 1st 2011, you should have gotten your NOA2 By now, becos I applied Nov 14th and i was approved exactly 5 months after - April 15th. now at NVC Stage which is slow 4 mii, no Case # yet.

Keep calling USCIS and actually ask them to put in a ticket 4 you, since your case is over 5 months, trust mii next day you will get a better response. Also call your Senate and ask if they can help.

With regards going for the infopass appt, take EVERYTHING necessary and pray about it. Goodluck to you

[Sandra G. 5,009]

I sent you a private message yesterday, but I will repeat here what I told you, because others have similar cases.

If you can't get your I-130 approved before the Master hearing you have the option to submit a motion asking the Judge "to grant a continuance to wait for the USCIS to adjudicate the I-130".The ICE will be in your Master hearing you can ask them "to place an expedite request on your I-130 or let them know you placed an expedite request ok.

In your case your lawyer will ask upon approval I-130 a "request termination of proceedings", and if the Judges grants he will ask the Judge to request a hearing for the AOS. In removal proceedings the judge has exclusive jurisdiction to adjudicate any application for adjustment of status.

OIR Regulation: 8 CFR § 1245.2 Application.

(a) General—(1) Jurisdiction. (i) In General . In the case of any alien who has been placed in deportation proceedings or in removal proceedings (other than as an arriving alien), the immigration judge hearing the proceeding has exclusive jurisdiction to adjudicate any application for adjustment of status the alien may file.

Read this memorandum from ICE(U.S. Immigration and Customs Enforcement) AND FOLLOW THE INSTRUCTIONS. The memorandum is about to expedite adjudications of applications or petitions for persons under removal proceedings.

http://www.ice.gov/d...pplications.pdf

[Adriene H 89]

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.

Perhaps the school notified ICE as soon as you had to drop out?

[Sandra G. 5,009]

hamigirl710 unlawful presence alone does not constitute federal crime!!! is only a ground for deportation.

[Sandra G. 5,009]

-

Edited May 11, 2012 by sandranj

[Adriene H 89]

hamigirl710 unlawful presence alone does not constitute federal crime!!! is only a ground for deportation.

Really? Sounds pretty federal to me. Just sayin'

Unlawful presence is defined as when any alien is "present in the

United States after expiration of the period of stay authorized by

the Attorney General or (being) present in the United States without

being admitted or paroled."

http://em.tsu.edu/internationalstudents/unlawfulpresence.php?submenu=intl

[sarahk316 2]

Yes I don't think it's actually considered a federal crime. Anyway I didn't post the topic to debate the situation, I didn't want to fall out of status but sometimes life doesn't always go how you want it to. Thank you everyone who gave me info on the infopass, I too read that maybe I could get an interview on the day, so we canceled the appt and are rescheduling it for next week so that we can gather everythig possible. I will update when I know more for those in a similar situation.

[jdh 103]

Yes I don't think it's actually considered a federal crime. Anyway I didn't post the topic to debate the situation, I didn't want to fall out of status but sometimes life doesn't always go how you want it to. Thank you everyone who gave me info on the infopass, I too read that maybe I could get an interview on the day, so we canceled the appt and are rescheduling it for next week so that we can gather everythig possible. I will update when I know more for those in a similar situation.

I don't think postponing is a good thing to do in your situation. I don't recall seeing people get interviews at info pass appointments - if that is the case everyone would be doing them.

Oh well...

[sarahk316 2]

I sent you a private message yesterday, but I will repeat here what I told you, because others have similar cases.

If you can't get your I-130 approved before the Master hearing you have the option to submit a motion asking the Judge "to grant a continuance to wait for the USCIS to adjudicate the I-130".The ICE will be in your Master hearing you can ask them "to place an expedite request on your I-130 or let them know you placed an expedite request ok.

In your case your lawyer will ask upon approval I-130 a "request termination of proceedings", and if the Judges grants he will ask the Judge to request a hearing for the AOS. In removal proceedings the judge has exclusive jurisdiction to adjudicate any application for adjustment of status.

OIR Regulation: 8 CFR § 1245.2 Application.

(a) General—(1) Jurisdiction. (i) In General . In the case of any alien who has been placed in deportation proceedings or in removal proceedings (other than as an arriving alien), the immigration judge hearing the proceeding has exclusive jurisdiction to adjudicate any application for adjustment of status the alien may file.

Read this memorandum from ICE(U.S. Immigration and Customs Enforcement) AND FOLLOW THE INSTRUCTIONS. The memorandum is about to expedite adjudications of applications or petitions for persons under removal proceedings.

http://www.ice.gov/d...pplications.pdf

Yes this is what my lawyer has stated, thank you so much for all your info

[sarahk316 2]

Perhaps the school notified ICE as soon as you had to drop out?

Yes I know that. Someone asked why they decided to go after me when there are many illegal people in the country. That is what I was referring to when I said I don't know, that's why I quoted her particular question.

But that should had not stopped them from filing the paperwork as LPR and once her husband got citizenship it could had been updated on the file.

Yeah sadly I didn't realize that at the time, so no point dwelling on what could've been now.

[Basee 2]

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.

This is where you fell down... Permanent residents CAN file for adjustment, it takes longer but you can do it. Once the citizenship is done you just send them a copy of the certificate with the existing application number and they update it.

I agree with the person who said, get yourself a good lawyer!

[DC85 113]

This is where you fell down... Permanent residents CAN file for adjustment, it takes longer but you can do it. Once the citizenship is done you just send them a copy of the certificate with the existing application number and they update it.

I agree with the person who said, get yourself a good lawyer!

You r wrong, permanent residents can petition their spouses but they can't adjust your status until your petition is approved and you assigned a visa number. which take usually a few years. because there is a limitation on the amount of approvals each year, in contrast there is no limit on the number of approvals, for the USC petitions for their spouses. that's why you can file I-130 & I-485 concurrently. I am just trying to be more accurate.

I wish you all the best, and I think you will be granted the PRS at the court