Been married for 3 years, didn't have money to file for AOS

[saj102965 1]

I have a friend who has been married for 3 years and never filed for AOS. He recently was taken into custody, not for committing a crime, but for accidentally making a wrong turn on a bridge to Canada and while the border patrol told him to make a U-Turn to go back to the expressway he was stopped and asked for ID which he didn't have his passport, for safety reasons, he leaves it at home, and he was detained for 10 days paid a bond to get out and now has a he has a hearing for "purposes of electronic monitoring".

My question is he was able to borrow money to get the AOS done and he is going to send out for filing prior to the hearing and will have proof to show the Judge the receipt from UPS plus the documents he filed plus the money order to USCIS - Do you think this will be enough, because he is also married to a US Citizen, for the Judge to let him go? Also do you think he needs an attorney for this hearing? Also on the form I-485 or the I-765 it asks if you have ever been arrested, does he mark yes for this and provide the documents given to him when he was released?

Thanks to anyone who will answer these question.

[CC90 90]

Did they say he left the country? If so, there might be a ban issue.

Otherwise, I think he's making the right moves, and he should be good for the hearing assuming that it's an immigration hearing. You didn't specify what type of hearing it was for which court.

For the forms, it's best to mark Yes and provide the information to be safe. It's not a CIMT, so it's not likely to cause an issue.

[grrrrreat 109]

I have a friend who has been married for 3 years and never filed for AOS. He recently was taken into custody, not for committing a crime, but for accidentally making a wrong turn on a bridge to Canada and while the border patrol told him to make a U-Turn to go back to the expressway he was stopped and asked for ID which he didn't have his passport, for safety reasons, he leaves it at home, and he was detained for 10 days paid a bond to get out and now has a he has a hearing for "purposes of electronic monitoring".

My question is he was able to borrow money to get the AOS done and he is going to send out for filing prior to the hearing and will have proof to show the Judge the receipt from UPS plus the documents he filed plus the money order to USCIS - Do you think this will be enough, because he is also married to a US Citizen, for the Judge to let him go? Also do you think he needs an attorney for this hearing? Also on the form I-485 or the I-765 it asks if you have ever been arrested, does he mark yes for this and provide the documents given to him when he was released?

Thanks to anyone who will answer these question.

Your message isn't clear about what you're friend is being accused of (a traffic violation/not having a driver's license, leaving the country, or an immigration violation?) It also isn't clear which court your friend has a hearing in or who detained him. You're not going to be able to get him complete advice without more details, and HE SHOULD SPEAK TO A LAWYER ABOUT HIS CASE.

If your friend is in ordinary traffic or criminal court because he committed a traffic violation and/or was driving without a license, then his immigration status would not be relevant there. He will be there to answer to those criminal charges. He could be referred to ICE for the immigration violation, but that court is not responsible for removing him from the U.S.

If your friend was detained in immigration court and is in removal proceedings because of his immigration status, then yes being married to a US citizen can be a defense to those proceedings. However, if your friend is in removal proceedings he CANNOT file the I-485 at this time. Only an immigration judge can decide an I-485 if removal proceedings are pending, and only after USCIS approves the I-130.

He needs to send the I-130 to USCIS now. He should then show proof to the immigration judge that he filed a valid petition, including the proof of his marriage (i.e., bring the completed petition, the receipt notice from USCIS, the evidence that was attached to it, etc.) The judge will either continue the case or perhaps terminate it completely. Once the I-130 is approved by USCIS, he can file I-485 with the judge or ask the judge to terminate the case so he can send I-485 to USCIS normally.