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Thread: Please help! Daughter detained!

  1. #1
    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. #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.

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

  4. #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?

  5. #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.

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

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

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

  9. #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

  10. #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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