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Thread: My wife passport and green card captured at D.C

  1. #1
    My wife came to USA in october 2004 after getting married to a US Citizen.Her first marriage was void. She got divorced within a month time.

    My wife was convicted of disorderly conduct PENEL CODE 240.20 on 05/25/2006 in NEW YORK .She performed community service for 6 days and her case was closed on 5-26-2007.

    Her VAWA(Violence Against Woman Act) file was under process at that time, Finally she got her green card in 08/28/2007.We disclosed about her arrest in Green card file.

    Now We visited India for a month 5/16/2008 to 6/16/2008.The purpose was to get married and see family members in India.FYI, We Just got married on 06/01/2008.I have got my H1-B stamped.


    When we returned to USA, at Washington D.C airport her Green card and Passport is taken away and she is issued green card for 30 days and they have given a form which indicates she need to appear with her past arrest disposition records.

    Yesterday ,We collected her disposition certificate from NEW YORK.

    Is she going to be deported ?

    How do i stop her from getting deported?

    What should we do?

    Can i change her status in worst case ? from green card to H4 ?

    PLEASE respond to this, We are in great tension.

    Thank you
    Harshad

  2. #2
    My wife came to USA in october 2004 after getting married to a US Citizen.Her first marriage was void. She got divorced within a month time.

    My wife was convicted of disorderly conduct PENEL CODE 240.20 on 05/25/2006 in NEW YORK .She performed community service for 6 days and her case was closed on 5-26-2007.

    Her VAWA(Violence Against Woman Act) file was under process at that time, Finally she got her green card in 08/28/2007.We disclosed about her arrest in Green card file.

    Now We visited India for a month 5/16/2008 to 6/16/2008.The purpose was to get married and see family members in India.FYI, We Just got married on 06/01/2008.I have got my H1-B stamped.


    When we returned to USA, at Washington D.C airport her Green card and Passport is taken away and she is issued green card for 30 days and they have given a form which indicates she need to appear with her past arrest disposition records.

    Yesterday ,We collected her disposition certificate from NEW YORK.

    Is she going to be deported ?

    How do i stop her from getting deported?

    What should we do?

    Can i change her status in worst case ? from green card to H4 ?

    PLEASE respond to this, We are in great tension.

    Thank you
    Harshad

  3. #3
    Well,
    to inform you,you have basically no rights or say so about deportation.You are not a U.S. resident. You are here as/on a H1,you have no say so.

    To me it sounds like there is something fishy going on...otherwise greencard and passport would have never been taken away.And she just got her greencard and has some "bad" records on her file?

    You personally Can not change her status ,period.Because you are here just on a H1 Visa...

    Consult an attorney.Taking away greencard and her passport is something very serious...

  4. #4
    harshad -

    Your wife has been placed in what is called "deferred inspection". It means the government has not decided whether to admit her to the United States, because they believe she may be inadmissible to this country under US law. There are very many reasons why a person may be inadmissible to the US. However, there are two main categories which make up the majority of cases, prior immigration violations, and prior illegal acts. I'm not going to speculate why they think your wife is inadmissible, there are too many possible reasons. It is possible that after you give them the documents, they will give your wife back her greencard and passport. However, you should know this, even if the DHS decides that it wants to remove (deport) your wife, it cannot do so until they file a Notice to Appear to Immigration Court, charging your wife with inadmissibility to the United States, and stating why they believe she is inadmissible. Then she has the right to a hearing at the immigration court where she can prove that the charges filed by the DHS were wrong, and/or file a waiver of inadmissibility if that is available to her.

    You should also know that attempting to change your wife's status will not help her. If your wife is, in fact, inadmissible, she will be prevented from obtaining any non-immigrant status (such as H-4, F, etc.) without a waiver of inadmissibility or permission to re-enter after being deported.
    Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

  5. #5
    Hi Harshad,

    Welcome to ILW. I hope your wife was honest with you about her arrest and disposition of her case. There are many red flags here which I probably don't need to point out, but I wish you both the best. You definitely need to seek the advice of a good immigration attorney as quickly as possible.

  6. #6
    Hi ,

    I didn't get what exactly you mean to convey by RED FLAGS?

    She was honest with me all the time.

    I just don't understand once INS issued her a green card they were already aware of her arrest and they issued her a green card after reviewing that.

    So why does The officers at Airport is trying to make this an issue?


    I need some real help to know the consequences of this.

    What they can do and what they can't?

  7. #7
    Red flags: Divorced one month after marriage to a USC; filed VAWA to obtain green card (curious to know if she disclosed her arrest during this process). Not trying to be rude, but these are things to be concerned about.

    Do yourself and wife a favor and consult immediately with a reputable immigration attorney. I don't think you will receive the help you need from this site.

  8. #8
    Hi,

    She never wanted to get a divorce.Infact his 1st husband wanted to have divorce.

    And yes, She already revealed about her arrest in her Green card file.

    she attached a copy of her docket # and charges applied.

    She also checked the column in that file that askes weather she was arrested for any crime , violence, misdemeanors.

    Now what are your comments ?

    Thanks
    Harshad

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Now what are your comments ? </div></BLOCKQUOTE>

    Consult with an attorney. This is a very serious matter, Harshad. I hope it all turns out okay for you both.

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
    Do yourself and wife a favor and consult immediately with a reputable immigration attorney. I don't think you will receive the help you need from this site. </div></BLOCKQUOTE>

    Correction, not a reputable immigration attorney but a filthy, unscrupulous attorney shall be the only savior. The very same scenario happened in my personal life but lawyers are lurking every corner of America. Throw them the money, and they will make all the officials dance by exploiting every available statue. I recently read one case where a person was ordered deportation. After 20 years of the judgment, he is still in the USA living happily and exploiting the system by filing waivers, appeals etc. It might have cost him some what around $100k in this 20 years but was worth it for him.
    I am not racist. I am not anti-immigrant. I am AGAINST CRIMINALS, FRAUDSTERS, WHO DISOBEY THE LAW, BREAK THE LAW AND PERPETRATE THE FRAUD.

    You may not like what I have to say but that does not mean I am wrong.

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