greatking

1 hour ago, username_taken said:

Try not to take the judgement personally- and remember the scrutiny you face on VJ is nothing compared to the scrutiny the Judge is going to give you. Take advantage of the thread to learn how to respond to criticism properly and not get defensive, it will help you in court.

 

Anyway I think you need a new attny/ I cant imagine THAT attny going into court and openly stating "I misrepresented my client and this is all my fault'. Attnys do not want to go on record and say such things. Typically the attny that misrepresented you is promptly fired and a competent one hired as a replacement. Have you spoke with the attny and he has said he is going to take full responsibility for what occurred? That her will admit in court he did not consult with you and answered questions on your behalf incorrectly because of incompetence? 

 

Seriously, find a new attny, look into how to make a complaint on the old one and ask for your money back.

Thank you so much, I'll try not to take the judgement personal as you advised. I'll set up a meeting with the attorney sometime next week to know if he's going to take full responsibility for what occurred and if not, I'll get a new attorney to help out. Thanks once again.

1 minute ago, Boiler said:

Just a quick reminder.

quick reminder on what?

14 hours ago, Everlast said:

To err is human, to forgive is divine. We are not created equal in this life. We all do make mistakes in this journey called life. Lets wish him well, rather than cast aspersions.

Thank you for your comment, I never deliberately broke the law, I was home drinking with my wife and we had a little disagreement and she asked me to leave, it was while driving to a friend's house that I got pulled over by the cops.

1 hour ago, Boiler said:

If I was paying big bucks for a Lawyer I would want them there.

 

I can think of a number of things to mention about this case but I have a feeling there is a lot more than we have been told so far, so I will stick to the comment that Asylum is something that you claim on entry or shortly thereafter, the well I tried everything else so lets have a go at this approach may well end in tears.

 

I can not help think about the Tourist Visa thread recently where the leaving a child behind will get me a visa trope came up.

Like I stated earlier, I live in Phoenix, was arrested in Phoenix and transferred by ICE to their detention center in Texas. While I was still in the Phoenix detention center, I contacted the Attorney and he informed me I had to pay a deposit of $3800 before he could come interview me so he could applied for a bond for me. It was the same day my wife paid the $3800 for the deposit that I was moved to the Texas Center. The attorney said he will charge an extra $2200 to come to Texas or he have the option to represent me over the phone which will cost nothing extra and after the bond hearing, we could apply to move the case back to Phoenix, that sounded good enough to me and I agreed. Every thing I said in my initial post is nothing but the truth, nothing more. My question still remains if it's possible to tell the Immigration Judge I wish to change my pleadings?.

3 minutes ago, geowrian said:

Might want to look for a different lawyer if you aren't happy with the one you have now and they are making decisions without your consent.

I would have loved to get a new attorney but I already paid this attorney 80% of his fees. He charged me $9150 of which I have already paid $7050. I'm just so much in a dilemma right now

3 minutes ago, USS_Voyager said:

Uhm get another attorney ASAP. The attorney can’t act without your consent. That’s a big no-no. Based on that, you may be able to back track on the earlier statement. 

I would have loved to get a new attorney but I already paid this attorney 80% of his fees. He charged me $9150 of which I have already paid $7050. I'm just so much in a dilemma right now

12 hours ago, Roel said:

Yeah you need an awesome lawyer. But I wouldn't hold your breath. Right now you're just desperate and the judges will see that. Face the consequences of breaking immigration law. 

This is not about desperation to stay in the United States. I have a pending I-130 as at the time I was arrested. I and my attorney were not informed that there was going to be a master hearing on the day I was arraigned before the immigration Judge. I was arrested in Phoenix and transferred to the Texas detention center. I was transferred to Texas before my lawyer could come interview me, so i never had a chance to talk to my lawyer about my case. My lawyer filed for a bond hearing and we were informed the bond hearing was going to hold on January 14, no one informed us that there was going to be a master hearing same day as the bond hearing. My attorney represented me over the phone and not in person, so when the judge informed us that it was a master hearing, my lawyer protested that we were not informed and so wasn't prepared for that but the judge insisted on continuing with the case anyways. My attorney, without my consent responded to the judge that I don't have any fear or persecution and also designate my home country for deportation. It was only after I got out that I went to the attorney's office to explain the true situation of things to him.

1 hour ago, USS_Voyager said:

What evidence do you have about the persecution on religious grounds? It has to be actual documented evidence, not just you saying “I’m afraid”. And why weren’t you afraid two months ago? What changed?

I have the death certificate of my daughter. I left my 2 kids with my brother but my brother's home was attacked in November and unfortunately, my daughter died in the attack but my son and brother escaped hurt.

2 hours ago, Ben&Zian said:

Trying to change original plea will not be easy, and have to be convincing... most judges probably will see right through it as something made up to get asylum now that you realize you'll actually be deported. It's called a desperation technique used by a lot. No offense, but it would be different had you originally claimed fear of persecution, but you even said they asked if you feared going home, and you said "No"... doesn't matter what type of hearing it was, you answered it and now are trying desperately to change it... Deal with the consequences of decisions made, don't backlog this countries court system over possibly frivolous claims like so many others. 

This is not about desperation to stay in the United States. I have a pending I-130 as at the time I was arrested. I and my attorney were not informed that there was going to be a master hearing on the day I was arraigned before the immigration Judge. I was arrested in Phoenix and transferred to the Texas detention center. I was transferred to Texas before my lawyer could come interview me, so i never had a chance to talk to my lawyer about my case. My lawyer filed for a bond hearing and we were informed the bond hearing was going to hold on January 14, no one informed us that there was going to be a master hearing same day as the bond hearing. My attorney represented me over the phone and not in person, so when the judge informed us that it was a master hearing, my lawyer protested that we were not informed and so wasn't prepared for that but the judge insisted on continuing with the case anyways. My attorney, without my consent responded to the judge that I don't have any fear or persecution and also designate my home country for deportation. It was only after I got out that I went to the attorney's office to explain the true situation of things to him.

2 minutes ago, Jorgedig said:

On what basis?  You can't just file for asylum because you don't want to go home.  You came to America and broke the law.  There are consequences for that.

Not because I don't want to go home, you should read my post to see the reason i'm filing for asylum

2 minutes ago, geowrian said:

This is very not DIY - seek a qualified immigration attorney that deals with removal proceedings and asylum claims.

 

Can one request a change? Yes. Will the judge accept it? Maybe. Is it going to be even more difficult? Probably.

Get proper representation ASAP.

Thank you for the response, Yes, I do have an attorney but he's not sure if we can change the pleadings or if the judge or the DHS attorney will accept the change. My attorney protested to the other Judge on the hearing day that we were not informed about the master hearing and so we were not prepared for that but the immigration judge insisted to continue with the case anyway, so my lawyer designated the country of deportation and also said I had no fear of returning without hearing from me first.

I came to the United States on a B2 Visa in 2016 and I'm currently out of status. I got married to a LPR (Green Card Holder) 6 weeks after I arrived the US and i filed form I-130 in March 2017. My form I-130 application is still pending. I was arrested for a DUI in December 2018. The Phoenix police that arrested me transferred me over to ICE on December 16. ICE transferred me from the Phoenix detention center to their Texas detention Center. I applied for a bond hearing and was giving a bond of $10,000 by the Immigration Judge. I was never informed there was going to be the Master hearing and the bond hearing together on same day. The master hearing was done before the bond hearing and during the master hearing, the judge asked if I have any fear of going back to my country which i answered NO. The judge also asked me to designate a country of deportation and i designated my country. I told the judge I have relief available to me and he gave me 30 days to file the relief. After the master hearing, the judge had the bond hearing and gave me a $10,000 bond. I'm currently out on bond and applied for the case moved down to Phoenix. Now I have a court case coming up in April, is it possible to tell the Immigration Judge i wish to change my pleadings?. I'm planning to file for asylum based on my fear of persecution on religious grounds. My question is will the Immigration Judge allow me to change my pleadings and file for asylum?.

I came to the United States on a B2 Visa in 2016 and I'm currently out of status. I got married to a LPR (Green Card Holder) 6 weeks after I arrived the US and i filed form I-130 in March 2017. My form I-130 application is still pending. I was arrested for a DUI in December 2018. The Phoenix police that arrested me transferred me over to ICE on December 16. ICE transferred me from the Phoenix detention center to their Texas detention Center. I applied for a bond hearing and was giving a bond of $10,000 by the Immigration Judge. I was never informed there was going to be the Master hearing and the bond hearing together on same day. The master hearing was done before the bond hearing and during the master hearing, the judge asked if I have any fear of going back to my country which i answered NO. The judge also asked me to designate a country of deportation and i designated my country. I told the judge I have relief available to me and he gave me 30 days to file the relief. After the master hearing, the judge had the bond hearing and gave me a $10,000 bond. I'm currently out on bond and applied for the case moved down to Phoenix. Now I have a court case coming up in April, is it possible to tell the Immigration Judge i wish to change my pleadings?. I'm planning to file for asylum based on my fear of persecution on religious grounds. My question is will the Immigration Judge allow me to change my pleadings and file for asylum?.