Announcement

Collapse
No announcement yet.

I need help

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • I need help

    I am a US citizen, my husband is not. My husband is here on a student visa, but his father had some finanical problems and could not afford his tuition. We called the INS and explained the problem and they said that as long as he re-enrolled soon, it was ok. And that it was ok for him to get a job to help his father out. They never filed paperwork on this conversation. My husband was arrested 2 weeks ago for violating his status for not being in school. They held him without bond as a "suspected terrorist" because his country(Bangladesh) is neutrual in the war. He had a bond hearing scheduled for tomorrow and was cancelled because now he is being taken to a federal court for lying on an application saying that he was a US citizen/permanent resident. My husband did not know what that meant and was told to check that box. He has been approved for permanent residency, and has his biometrics on December 5, 2005. And his interview on December 28, 2005. I feel helpless. Is there anything I can do? Are there any loop-holes? If my husband is deported, I will go with him, but he has friends and family here, as do I and we don't want to leave them. And if he gets deported, they won't let him return. Please, if anyone can, please help me. I am desperate to save my husband.

  • #2
    I am a US citizen, my husband is not. My husband is here on a student visa, but his father had some finanical problems and could not afford his tuition. We called the INS and explained the problem and they said that as long as he re-enrolled soon, it was ok. And that it was ok for him to get a job to help his father out. They never filed paperwork on this conversation. My husband was arrested 2 weeks ago for violating his status for not being in school. They held him without bond as a "suspected terrorist" because his country(Bangladesh) is neutrual in the war. He had a bond hearing scheduled for tomorrow and was cancelled because now he is being taken to a federal court for lying on an application saying that he was a US citizen/permanent resident. My husband did not know what that meant and was told to check that box. He has been approved for permanent residency, and has his biometrics on December 5, 2005. And his interview on December 28, 2005. I feel helpless. Is there anything I can do? Are there any loop-holes? If my husband is deported, I will go with him, but he has friends and family here, as do I and we don't want to leave them. And if he gets deported, they won't let him return. Please, if anyone can, please help me. I am desperate to save my husband.

    Comment


    • #3
      If he was as you say "approved for permanent residency" he should have had valid employment authorization (did you file the EAD with the I-485?) and should not have to be enrolled full time as a student. Did you get an I-485 approval notice and if so when?

      Comment


      • #4
        He was working before we got married. He had permission, but they never made a report, so it's our word against theirs. They were going to give him his work permit on his biometrics appointment, next week. But the Federal Court is charging him with claiming that he was a US citizen before we were married and before he filed his paperwork and was approved for permanent residency.

        Comment


        • #5
          It sounds like he was working without authorization. On what form did he claim to be a U.S. citizen or PR? What paperwork did file (form numbers) for his green card? What paperwork did you receive in response indicating an approval?

          Comment


          • #6
            On a job application, it asks if you are a legal citizen of the United States, and he said yes. But when he had asked what it meant, he was told to mark it saying yes if he wanted a job. I do not know the file numbers, I would have to pull them up, but we filled out all the nesseccary papers for citizenship. I believe there was a G-14, G-325, G-731, I-9, I-134(my mother is his sponser), I-485, and some others that I do not know off the top of my head. In return we received a letter from the INS saying that his paperwork was being processed. Then a few weeks later we got a letter from the INS saying that he was approved and has a Biometrics appointment on 12/05/2005 and then another week later we got another letter from the INS saying that he has his first interview on 12/28/2005. And when a Police officer came to our home, I asked if it had to do with the fact that our car had been broken into recently, and he said yes. I let him in, then a few moments later, and Immigration officer ran into my house and put handcuffs on my husband and said that they have been monitoring him for over 2 years, and when I asked why they waited until now to do something, he told me to shut up.

            Comment


            • #7
              Did you get a letter from immigration notifying you of the approval or an official form? If it is a form what number is on the form (at the bottom)? How soon after you filed the Permanent Residency forms did you receive approval notification

              Comment


              • #8
                I hope that things work out BUT "are you a US citizen?" is a pretty clear question and is the ONE thing to NOT lie about. I hope that you have a good immigration attorney. If not you need one that is recommended to you, there are a lot of attorneys that know NOTHING about immigration law. I also hope that he didn't do anything more than work unauthorized during the two years that they were "watching" him.

                Comment


                • #9
                  Contact a competent immigration attorney right away. Violation of status is one thing, false claim of citizenship is another. http://www.aila.org
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment


                  • #10
                    I agree you need a competent immigration attorney. And as Stilllearning said, be wary of attorneys that have little understanding of immigration regulations. I suggest you ask them a few basic question during your initial discussion just to guage whether or not they know what they are talking about. For instance ask them what the I-485 is used for and if it can be filed before the I-130. If they say they don't know and or yes it can...run.

                    I hope you keep us posted. I don't mean to belittle your situation, but your shared experience will greatly benefit all of us on this board who wish to help others.

                    Best of luck

                    Comment


                    • #11
                      I am a natural born citizen, both my parents were born here and are citizens. We hired a lawyer. He was recommended to us. They said that he was "the best immigration lawyer in Wichita." But he said that my husband had a immigration court bond hearing tomorrow, but when I checked the immigration court docket, my husband wasn't even on file. So I am currently looking for a better lawyer.

                      My husband was working illegally and was out of status. I just don't know what to do. We received the approval letter from the INS maybe 6 weeks after filing. I am not 100% on that. I am not at my house so I do not have most of the papers and won't until sometime tomorrow. I am currently staying with my mother's because of some other personal matters...my husband was the main supporter in our marriage and his parents are helping me afford our bills, like rent and such because I don't make enough money.

                      I appreciate all of your help, but still, I feel somewhat, useless. Lost. Confused. It all happened so fast. And with the lawyer lying to me, it just makes it worse. The INS agent who arrested my husband said that INS never sent us any letters and that he never filed any paperwork, and as soon as I proved it, he changed his story. The lawyer said that he was pulled off the case and that it was reassigned to someone else. Yet the agent escorting my husband to the Federal Court tomorrow from Jail is the same agent.

                      I will keep you posted with what I learn. I have been looking up some immigration laws and have found some interesting things that the lawyer never mentioned. And once again, I thank you all for listening to me and if anyone has anything else to add, believe me, I will be very thankful. No matter what your addition maybe. I just want my husband back with me and not in jail, or being deported. As much as I want him to visit his parents, this is the exact opposite of how I pictured his visit home would be. I cannot imagine moving to another country, not knowing enough about the culture or the language to get by.

                      Thank you all, once again. I really do appreciate it.

                      Comment


                      • #12
                        Ok, I checked the INS papers. The biometrics letter said that it was inregards to I-485 code 3 and the interview letter didn't specify a file number. It just had the receipt number, his alien number, and it also said "code 3".

                        I have also called several lawyers and they have all said that he should not be going to a federal court since it is all an immigration matter. So now I am even more confused. Does this mean my husband will go to prison and not back to jail? The lawyer we currently have(that I am trying to fire) said that in order for him to get a bond, it has to be through both Federal and Immigration courts. My husband never signed the contract with the lawyer, but I did. He said that he has to have my husband's signature for it to be legal, does that mean that I am able to get my money back since my husband never signed the contract?

                        His court is in an hour and a half. Hopefully I'll know more then.

                        Comment


                        • #13
                          Back from court.

                          He is being held as a suspected terrorist, but not charged as one. He is charged for being out of status. We talked to the judge and she said that we have another court date on Friday. She doesn't think that this federal case will matter much because she believes that it will be thrown out because she caught the arresting INS officer lying, and in court at that. He said that my husband has no family in the states and that he is not married. This Agent has met me, talked with me, and such. So he is fully aware of me and my family. When we showed up at the hearing, the judge was shocked to learn that he does indeed have a wife and a family.

                          This Agent also never file an NTA so the judge thinks it might make the case favor us a little more. The judge also said that a lawyer we tried to hire, but demanded $10,000 is now our court appointed lawyer, and yes I did a background check, and he is really upset at that because he tried to screw us out of money we don't exactly have. He has only lost a few immigration cases and the judge said that she will monitor him to make sure that he doesn't try to dupe us again. I have a very good feeling that things will get better. But I can only pray that they do.

                          They also said that my husband is still allowed to go to his biometrics appointment and first interview. We are excited about that. They said that the chances of him being deported is 50/50 but if he gets to stay, his chances of citizenship are 80/20. So I believe this to be good news.

                          Once again, as I learn more, I will keep posting. And again after the hearing on Friday. Thank you to everyone who has posted.

                          Comment


                          • #14
                            immigration attorneys know only one thing.....BILLABLE HOURS.....everything else just gets in the way.

                            Comment


                            • #15
                              Good luck Asid!

                              Comment

                              Working...
                              X