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  • Master Calender Hearing--help

    I just learned I will have my master calender hearing (in about a month) regarding an alleged overstay of my visa, and they said that I am unlawfully present due to this. I married my USC girlfriend before receiving my NTA, but was issued the NTA as a result of Special Registration. We turned in the I-130, but no decision on it has been made. Besides hiring a lawyer, which I am doing, what can I expect at this hearing? How can I prepare for it?
    Thanks

  • #2
    I just learned I will have my master calender hearing (in about a month) regarding an alleged overstay of my visa, and they said that I am unlawfully present due to this. I married my USC girlfriend before receiving my NTA, but was issued the NTA as a result of Special Registration. We turned in the I-130, but no decision on it has been made. Besides hiring a lawyer, which I am doing, what can I expect at this hearing? How can I prepare for it?
    Thanks

    Comment


    • #3
      You don't have much to do, just don't worry, go to the hearing with your lawyer and s/he will present your case easily. It is not a serious case, believe me. If the immigration judge is willing to find out whether you are in a good faith marriage or not, it is easy. On the other hand, you married before the proceedings which is a plus for you. The judge can even terminate the proceedings right there and remand the case back to the district office and you can file your AOS. But only if the judge is willing to find out about your marriage.

      If things don't go well, say the judge ordered a voluntary departure, you can still appeal to the BIA and BIA modified their regulations/decisions applying to your type of case, so they will remand it back to the judge... Knowing this, I doubt the judge will order a departure, most likely will wait until the I-130 is approved... Not to discourage you, but get ready for a relatively long wait for the I-130 compared to others who file without proceedings.

      I wish you the best, I am sure you'll be just fine...

      Comment


      • #4
        Thanks for your response. Is there anything I should bring or prepare or ask my lawyer to do to show my marriage is in good faith? My WAC receipt says it may take 800 days to ajudicate. I like the idea of sending my case back to the INS, what are the possiblities of this? Are there advantages to appearing before the judge or the INS? Thanks again!

        Comment


        • #5
          Oh Lord, 800 days... Where is it? CA or TX???

          Well if your I-130 is transfered to the local office that will a little bit faster... You 'll appear before the judge not the INS, but INS attorney will be there to convince the judge to deport you. That is where your attorney comes in and defend you with your evidence of good faith relationship.

          I don't know the possibilities of remanding the AOS back to INS. Normally, you'll wait until the I-130 approved and then file the AOS before the judge. But judge can remand the AOS to INS.

          Call your attorney and tell him/her you submit bank account statement, utility bill, letters, affidavits proving you are in a good faith relationship, so your attorney can file exhibit before the court...

          Comment


          • #6
            My case is in California (CSC). I asked my lawyer about transferring it, he said it takes forever, but would try. I have a binder of all kinds of documents including what you've mentioned to give to my lawyer. He also told me to get affadavits from my parents, my wife's parents, friends etc, proving we are a couple, but what exactly should these letters say (I guess I mean format). He didn't really give me any examples. Also, what other things could I use? Do you know any good websites for such information? Would the lawyer show these things to the judge before I go for the hearing? So am I just in illegal limbo until my AOS?
            Again, thank you so much!

            Comment


            • #7
              Don't worry too much. I know this a very stressful time for you and your family but you will be able to get out of this.Being a spouse of USC you will be able to stay.I was just reading some information regarding illegibility to adjust AOS. It states if you work without authorization and overstay your visa you are inelligible to file AOS except if you are the spouse, parent or children of USC.If your marriage is bonafide then don't worry. Make sure you already filed your papers. When did you file your I-130? Once you have the approval you might be able to adjust before IJ.God bless!

              Comment


              • #8
                Well, the affidavits/letters/statements would mention about your relationship, how it is good faith.

                Your I-130 will be transfered to your local office as soon as the preliminary processing is complete. Sometimes it takes a month like my friend's in Michigan, or it sits 9 months before being transfered like my I-130...

                I am telling you my example, you don't have to do the same thing... Before my first court hearing, my fiance (now wife) faxed my attorney a letter she wrote about how we met and how we got engaged, some info about herself, some info about me... A void check to show we have a bank account together, my address change form from the USPS. Nothing serious really and the judge was convinced that I had a good faith relationship at that time. And he also interviewed me himself at the court hearing. If your relatonship is genuine there is nothing to fear.

                Check this out:

                www.vkblaw.com/law/aosproc.htm

                Your lawyer will file the documents with the court before the hearing date. And they will be called exhibits. I have never seen that on the court date, a lawyer walks up to the judge and submits the documents right there. There are some rules how they do it...

                You are not illegal, you are a documented alien after you are served the NTA. You have an Alien number on NTA. That will be your alien number until you obtain US citizenship.

                Comment


                • #9
                  Bushmaster,

                  Could you tell us what questions did the judge ask you to see if you marraige was entered in good faith?

                  Was this interview before the INS council and your attoney or were you interviewed alone?

                  Also I am interested in the fact how long before did your attorney file the exhibits before the hearing date?

                  Comment


                  • #10
                    See that? Sometimes the expert in this area is the person who experienced the whole situation and who had gone through the proceedings.I think in my opinion they are more knowledgeable than the "professional" if you know what I mean because there are some lawyers who will advice you of something which is detrimental to your case but if you ask someone who had gone thru the same situation, he himself is the expert.Bushmaster, it's nice to hear from you again. Your hearing date is fast approaching and we are praying for you. But there's nothing to worry you will get it.God bless.

                    Comment


                    • #11
                      Thanks for all replies, I do feel better. I just am not sure what to tell people to write on these affadavits, do they just have to say we are legit,or the dates we met, or when they saw us together??? My I-130 was submitted in Jan. 2003, I was only recently married.

                      Comment


                      • #12
                        Ok let me give you more details...

                        I was in custody when I first appeared before the judge so he asked my attorney if it is going to be a master hearing or a bond hearing... We proceeded with the bond hearing...

                        My attorney is a respected attorney and the judge was even addressing him with his name. My attorney indicated the fact that I was in a good faith relationship and how I was turned in to INS by another lawyer while we were planning to get married and file the paperwork. Immigration judge listened and agreed to reduce the outrageous bond but INS attorney objected (They always do, so I wish you luck you get a nice one) He babbled something about security clearance and I should not be released. Sometimes judges are straight with the INS, he said "So why did you set a bail in the first place?" He couldn't answer. The judge asked the INS review the case immediately and put off the case one week, after another week in jail, I showed up at court and judge called the both attorneys to the bench and asked what are they going to do, INS attorney said "he is clear, we don't have any objections" and then judge started the hearing, reduced the bond and asked my attorney if he can ask me some questions... Yes he interviewed me in the court with all the other people present. He asked me my age, my full name, not a lot about me really, but he also asked more questions about my fiance, where we met, how we met, how old she is, where she works, etc...

                        One point good Lord provided, this judge traveled to the town where my fiance lived and he loved it there, so simply chat with me and people about the location... He was a good and friendly judge...

                        He ordered to reduce the bond and release me. Did it happen? No not another 2 weeks, they released me.

                        My removal case was transferred from one state to another since the proceedings started in a different state than my home state, so it gave us some time...

                        Attorneys should file anything on time because judges are really strict and picky about that... Insurance policies, utility bills with both your names on it, your spouses SSN card and Driver license with the new last name, letters from people around you, especially it is good to have someone who has a position... We got from our church and our pastors, and the reverend who married us and apartment management, they would be more valuable since they are not your family...

                        Just ask the people "if you were supposed to write a letter about my relationship with my wife and our marriage's genuineness, what would you write?"

                        Brownfox, yes it is approaching fast, only 17 days to go... I just wish to go and hear that they approved the I-130, if not the judge will pissed, we will have to travel back again...

                        Nebraska SC is not telling us anything, because the file is transferred, yet the online case status doesn't show my file is transferred!!!

                        Frustrating... I am tired of having my life on hold...

                        Comment


                        • #13
                          Will it affect us much if my wife hasn't changed her name? She is pursuing an advanced degree and has published work under it and she doesn't want to change it yet (but said she may eventually) because it will affect people finding her work? Also, we aren't on the lease together, but he apartment manager said he would write us a letter saying we've been living together for a year. Is that okay? (If I go on the lease, they will raise our rent $200!--the rationale is that it changes the lease agreement). We are both going to get letters from our bosses at work (my old work) because we each attended functions at the others' place of work. We have joint accounts, but still are both phasing out our individuals. She put me on her insurance, and changed her retirement policies to have me as beneficiary. But I don't have a credit rating to go on her cards. Also, I take care of water and cable, she does phone--though we told them to put our names both on it, it still says the other's name. We have letters sent to both of us... other ideas? Also, what is the rationale for why I'm deportable if my marriage is legit? Do they have other reasons they can give, if I don't have any record? (on a side note, good luck Bush master in 17 days!)

                          Comment


                          • #14
                            Well, it seems to be OK from what I read...

                            Having your wife change her maiden name to your last name, is an act of good faith and dedication, so my attorney told me, that is why we faxed him the new DL and SSN copy as soon as we got them... But it is not going to have a great impact on your case...

                            The judge will see you as deportable because you were overstaying and didn't have any petitions pending on your behalf. But the marrige occured before the NTA, so that shows that marriage was not entered to avoid deportation. That is your biggest advantage and if it was at the court I am appearing your removal case would be terminated. But that is very far from you... In Minnesota...

                            With a good presentation of the facts, you won't have a second hearing... Like mine I am going to my 7th hearing...

                            Call the companies over and over again man... They should put both your names...

                            If you don't have any other record, whatever else they'd say will be a lie...

                            I am a pilot and after 9-11 they put me in investigation and flagged me as a special case. Though all I did was overstayed my visa. They looked for terrorist links and etc. And even they told the judge they released me by mistake from custody because they didn't finish their investigation. What would you do with the INS if you are a judge, when one attorney says I am clear and the other says investigation pending. Most of the judges know the INS very well, so don't worry. I was so scared to be framed or accused wrongfully, because I don't trust the INS at all. They would mix some terrorists file with mine and I am guilty. Don't forget this is the INS which shredded files to reduce the backlog.

                            But then again, Lord Almighty is in control

                            Ask away any other questions you have and let us know how you progress...

                            Comment


                            • #15
                              Wow Bushmaster, I wondered about stories like yours of innocent victims caught in the wake of 9/11, but hadn't heard any first hand. My case seems so tiny in comparison. At least I have faith because of your strength through this. I will bug those companies senseless--and see what else I can do. Best of luck and also keep us updated on your situation.

                              Comment



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