Married to USC, but have NTA

[Crazy Cat 39,215]

Just now, sha5ik said:

I am free to live in US until my hearing date, after that immigration court decides if they will terminate the removal or order me to leave the country. 

Really? Does the court order give you authorized stay in the US?   

[sha5ik 2]

Just now, Lucky Cat said:

Really? Does the court order give you authorized stay in the US?   

NTA - notice to appear. Otherwise they would have locked me once the first ICE officer came to my house)

[Crazy Cat 39,215]

3 minutes ago, sha5ik said:

NTA - notice to appear. Otherwise they would have locked me once the first ICE officer came to my house)

You didn't answer the question.  Does the NTA grant you any period of authorized stay?

Edited October 7, 2020 by Lucky Cat

[Just Paul 4,591]

5 minutes ago, sha5ik said:

Well, it is two sides of the same coin. First, I cannot file i-485 form because immigration judge has an authority over it, but I filed I-130 form because USCIS has an authority over this form. Second, I am free to live in US until my hearing date, after that immigration court decides if they will terminate the removal or order me to leave the country. 

If you leave - you will be barred from returning.  Regardless of the NTA allowing an authorized stay.

2 minutes ago, sha5ik said:

NTA - notice to appear. Otherwise they would have locked me once the first ICE officer came to my house)

NTA - if you don't show then there will be a deportation order or you have left the country, the ALJ will close the case as moot.

 

You have had plenty of time to figure this out,

[Crazy Cat 39,215]

2 minutes ago, Paul & Mary said:

If you leave - you will be barred from returning.  Regardless of the NTA allowing an authorized stay.

,

But does the NTA, itself, grant any period of authorized stay......or is OP in danger of detention at any time?  I'm not familiar with how it works.

Edited October 7, 2020 by Lucky Cat

[sha5ik 2]

1 minute ago, Paul & Mary said:

If you leave - you will be barred from returning.  Regardless of the NTA allowing an authorized stay.

NTA - if you don't show then there will be a deportation order or you have left the country, the ALJ will close the case as moot.

 

You have had plenty of time to figure this out,

I am aware about that. I am going to show up to court, and fight my case, and if i can't win, I will leave. 
I was asking if there are any other people who had similar cases, and how long the court took to schedule a hearing. Mine still does not have date

[Crazy Cat 39,215]

1 minute ago, sha5ik said:

I am going to show up to court, and fight my case,

Do you have an attorney?  I am curious as to how you fight a case of a 2 year overstay.

[sha5ik 2]

8 minutes ago, Lucky Cat said:

But does the NTA, itself, grant any period of authorized stay......or is OP in danger of detention at any time?  I'm not familiar with how it works.

Well, basically NTA gives you abit time, and only Justice Court can order a removal. No one from ice or dhs has a right ro detain me or deport.

 

i will prove that my marriage is bona fide and ask the judge to terminate the removal . Yes, i do have an attorney

[Crazy Cat 39,215]

1 minute ago, sha5ik said:

Well, basically NTA gives you abit time, and only Justice Court can order a removal. No one from ice or dhs has a right ro detain me or deport.

Are you sure about that?  

[Just Paul 4,591]

10 minutes ago, Lucky Cat said:

But does the NTA, itself, grant any period of authorized stay......or is OP in danger of detention at any time?  I'm not familiar with how it works.

From a practical point it does allow the stay until the hearing.  If the immigrant is detained then the NTA is usually quashed and a hearing is done at detention and then removed - at least here in Arizona.  But if the immigrant commits a municipal or state criminal offence it can also be moved up.  In january we saw someone that file an I-130 and continued to work illegally get  removed very quickly. 

 

I don't understand why the OP waited to file so long.   I mean NTA, get married and get legal ASAP.  Granted he can't AOS.  At least there will probably be a Stokes interview if the NTA is quashed.  So a little bit of karma comes into play. 

 

15 minutes ago, sha5ik said:

how long the court took to schedule a hearing. Mine still does not have date

They are taking about a year right now. 

[portorusa 431]

6 minutes ago, Lucky Cat said:

Are you sure about that?  

 

8 minutes ago, sha5ik said:

Well, basically NTA gives you abit time, and only Justice Court can order a removal. No one from ice or dhs has a right ro detain me or deport.

Unless in the time between now and Immigration hearing you happen to commit a crime and get arrested, yes.

[Crazy Cat 39,215]

1 minute ago, Paul & Mary said:

From a practical point it does allow the stay until the hearing.  If the immigrant is detained then the NTA is usually quashed and a hearing is done at detention and then removed - at least here in Arizona.  But if the immigrant commits a municipal or state criminal offence it can also be moved up.  In january we saw someone that file an I-130 and continued to work illegally get  removed very quickly. 

OK.  Thanks.

[Just Paul 4,591]

8 minutes ago, sha5ik said:

No one from ice or dhs has a right ro detain me

Well that isn't true.  I hope your attorney didn't tell you that.  There are 5 private prisons and dozens of jails here in Arizona full of people waiting for a hearing.

[Crazy Cat 39,215]

8 minutes ago, portorusa said:

 

Unless in the time between now and Immigration hearing you happen to commit a crime and get arrested, yes.

I'm still not sure that ICE is prohibited from detaining someone who has an NTA..........I find it interesting...🙂

7 minutes ago, Paul & Mary said:

Well that isn't true.  I hope your attorney didn't tell you that.  There are 5 private prisons and dozens of jails here in Arizona full of people waiting for a hearing.

That is exactly what I wasn't sure about....thanks for the info.......

Edited October 7, 2020 by Lucky Cat

[Demise 1,093]

23 hours ago, sha5ik said:

Hi everyone 👋 Long story short, I overstayed my visa for two years, met amazing woman, and we had plans for wedding at Spring, 2020. Everything was going smooth, until one day in February officer showed up at the door. "Damn" I said, and he only only took my passport and gave me the address where to meet him to pickup my passport. I went there next morning, he gave me NTA (Notice To Appear) to court.  I told my girlfriend about the situation, and we decided to move our plans from spring to February, and we got married. We have filed i-130 8 months later, and received receipt within a week. Funny thing is, i was captured in different state than we live with my wife, so NTA is for that state`s court. Lawyer told me that I cannot file i-485 until my court interview.

So I was looking for advice if anyone else had similar cases, and if yes, how fast was your court scheduled (mines says may 2021, but my A number still not in the system, date is incorrect) 

First and foremost if you got caught somewhere far away from where you live you should motion the court to change venue (motions can generally be filed at any time including right now). Obviously if you live in somewhere like NYC and your hearings are in Newark, NJ that's not that bad, but if you live in California and your hearing is in Florida then that's a problem should your physical presence be required.

 

Anyways, you generally can file I-485 with the court prior to your first hearing, however I definitely understand where the lawyer is coming from. Namely hoping that I-130 will be approved by then and getting a termination so you can file straight up with USCIS. USCIS is also generally a much more friendly forum for the I-485 because you won't have opposing counsel nitpicking at your application.

 

The first hearing will be just a master hearing that'll go over your deportability charges, your relief avenues (i.e. the I-130) and depending on whether it's approved or not the following will happen:

If approved: The judge will either terminate or tell you to file I-485 with the court and set an individual hearing date for you

If still pending: The judge will just issue a continuance and give you another master hearing date in a few months.

If denied: You better get the appeal for it going ASAP. Unlike most other appeals, appeals for I-130s go to the Board of Immigration Appeals.