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Please help! Daughter detained!

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  • Please help! Daughter detained!

    My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4). However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed. A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case? Thank you in advance for any help.

  • #2
    My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4). However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed. A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case? Thank you in advance for any help.

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    • #3
      FOLLOW UP QUESTION: Do we need a lawyer for her? What's a reasonable lawyer's fee in this situation?

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      • #4
        Did she ever violate the terms of her visa or remain in the U.S. after period of admission ended? Is her husband a USC or LPR? If her husband is an LPR and she has illegal status, she has no chance. What is your status? LPR, USC, or non-immigrant?

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        • #5
          My daughter's husband is a US citizen. No, she did not violate any of the terms of her visa. She has good moral character, just graduated from college, and in grad school. I am a permanent resident.

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          • #6
            Then why was she detained? What is on her charging document, Notice To Appear and Form I-213, Record of Deportable Alien?

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            • #7
              A reasonable fee in this case will be low 5 figures for the whole process, including appearances and appeal.

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              • #8
                Also, you can't be an H-4 and in graduate school. H-4 ends at 21.

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                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by hannah_dreams:
                  My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4). However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed. A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case? Thank you in advance for any help. </div></BLOCKQUOTE>
                  Is your son-in-law a USC. I notice he was petitioning for your daughter. I am assuming this is the adjustment of status.
                  "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                  • #10
                    My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4) shortly after entry as tourist. However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed (She was no longer H4, too). A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case?

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                    • #11
                      I EDITED THE QUESTION..FOR YOUR CONVENIENCE.. THANKS FOR YOUR RESPONSE.

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                      • #12
                        My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband, a US CITIZEN, has a petition that is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4). However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed (SHE WAS NO LONGER H4 TOO). A few months later after that, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case?

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                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by hannah_dreams:
                          My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4). However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed. A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case? Thank you in advance for any help. </div></BLOCKQUOTE>
                          Is your son-in-law a USC. I notice he was petitioning for your daughter. I am assuming this is the adjustment of status. </div></BLOCKQUOTE>

                          Yes, it is. She did NOT go out of US soil. But they were in Patagonia, near the border, ..so the ICE conducting random checks there stopped their car, I guess, and since they could not find her on their system (NOR pending, USCIS in Las Vegas said NOR is forthcoming..), they detained her.

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                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by hannah_dreams:
                            My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4) shortly after entry as tourist. However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed (She was no longer H4, too). A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case? </div></BLOCKQUOTE>
                            You will need to present a receipt from USCIS in Las Vegas that an I-485 has been filed. there could ba several reasons why it has taken this long, but I do believe an attorney would be a prudent thing. Also, have your son-in-law provide a synipsis of what issues that USCIS maybe looking at. But it is hard to what immigration court would say.
                            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                            • #15
                              Thanks. The receipt that you are talking about --- is that the Notice of Receipt, or something else? I believe that Nevada files are sent to Chicago...

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