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Thread: I need help

  1. #1
    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. #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.

  3. #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?

  4. #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.

  5. #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?

  6. #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.

  7. #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

  8. #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.

  9. #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.

  10. #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

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