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Thread: Husband in deport. proceedings only have I-130 receipt notice

  1. #1
    Guest
    My husband has a pending I-485 adjustment based on 245(i). His I-130 was never approved it has been since 04-200. What are the chances of him being denied once the California Service Center finds out he is in deportation proceedings? His court for his master hearing is 09-05-02.

    Also, an RFE (request for further evidence) was mailed - appartently they lost everything but the application so I had to have new pictures, G325A's, marriage cert.etc...Should I let them know that he is in removal proceedings? Or should I just mail what they requested and not say anything.

    He has been in the detention center for over 177 days and he has lost so much weight and looks horrible. Should we continue this fight or just move away! Is anyone out there going through something similar.

    By the way his original arrest was for a stupid DUI! (We all have had one to many and driven - he just got caught)

  2. #2
    Guest
    My husband has a pending I-485 adjustment based on 245(i). His I-130 was never approved it has been since 04-200. What are the chances of him being denied once the California Service Center finds out he is in deportation proceedings? His court for his master hearing is 09-05-02.

    Also, an RFE (request for further evidence) was mailed - appartently they lost everything but the application so I had to have new pictures, G325A's, marriage cert.etc...Should I let them know that he is in removal proceedings? Or should I just mail what they requested and not say anything.

    He has been in the detention center for over 177 days and he has lost so much weight and looks horrible. Should we continue this fight or just move away! Is anyone out there going through something similar.

    By the way his original arrest was for a stupid DUI! (We all have had one to many and driven - he just got caught)

  3. #3
    Guest
    I am in a similar situation but there are points to your story that I don't quite understand. I need more information from you...

    First, did you guys filed the I-485 and I-130 simultaneously? If you did and he was arrested after that, Immigration judge most likely will terminate the proceedings since the marraige was entered before proceedings started. You'll need to present a convincing case at this point. Even if the removal can be terminated, the INS will put pressure on judge to get him removed asap, knowing that he can stay... Get a good lawyer. I was almost removed my last court hearing, INS counsel tried to tell judge I should be removed asap but he forgot the fact I am married and it s a bona fide marriage. And I am also represented by a good lawyer. The case adjourned to a later date...

    If you got married after proceedings started, there is no way you can file the I-485. You can file the I-130 with a request of exemption indicating the marriage occured after proceedings but entered in good faith.

    So don't worry if you got married before the removal proceedings started, just get a good lawyer...

  4. #4
    Guest
    He was arrested for on a felony DUI (aggrevated). We were married on 12-16-2000 He was sent to prison for four months beginning 3-6-2002and was released 07-05-02 and then placed on an INS hold in Florence Arizona where he is being detained since then.

    I did file an I-130 in Dec.2000 after we were married. They are requesting further evidence
    (stuff they lost) from the Ca. Serv. Center. I then resubmitted another I-130 simutaneously with the I-485 packet but unfortunately we were so rushed to the appointment I had him sign it instead of me (the I-130) so the only valid I-130 is the one at the CSC. That is why I am hoping there is still a possiblity of getting an approval notice since the CSC I-130 is really the only valid one to date but if they find out my husband is in removal proceedings then Im in trouble I have a feeling. Ironically I practice immigration as a paralegal and the immigration attorneys can't even come to an agreement with what I should do - cAn you advise?

  5. #5
    Guest
    Lost Wife,

    My take on it is that the removal proceedings have supremacy over the I-485. So the judge's finding will be final.

    I assume the government is trying to remove him based on the DUI. If the government wins at the hearing, the I-485 would be moot. But you must talk to a lawyer.

    By the way, I've heard that INS detention facilities are awful. Give us the scoop. What is his (life)? like now. I'm interested in the details. What does he do all day? How is he treated by the guards? Has he been beaten? etc.

    Also, what bail has been set, if any? It should be easy to bail him out if you get a good bondsman!

    Jim

  6. #6
    Guest
    Well INS in Florence has security guards that are contracted outside so they are regular joes working there. My husband has told me that they have been very supportive of him - believe it or not one has even invited our family to his home for dinner and fishing at his private lake! Most of the day a detainee is subject to lockdown in the facility and is given 1 -2 hours outside per day. The food is horrendous but if someone isn't a meat eater they do respect that and will give them alternative food. Smoking is allowed one hour a day outside. My husband is a worker in the laundry room since he has been detained there so long so he is a "trustee" type. The green coats on the other hand (INS agents) are horrible. They treat people like animals. I feel that it is the dream of every racist pig'towork there because when someone in green walks into a room the entire atmosphere changes. Even during visiting hours they will constantly harrass the detainee and visitor for laughing too loud or talking too loud or anything they can show their power. They aren't nice to the detainees. My husband at the beginning had a hard time. He was approached sexually but he is a strong man and won that match. He also had voodoo of some sort put on his bed by other detainees that were "jealous"
    Its been hard on him but I know that our marriage is strong and that no matter what or where we will remain together.

    I just posted fee on a I-601 form in order to start the process of 212H waiver showing hardship. I have great support from the doctors of mine who have stated that I am in need of back surgery and since he is my only family I need him to take care of me. Hopefully this angle will work but I still need that approval cause the judge won't have jurisdiction from what my attorney/director of where I work says.

  7. #7
    Guest
    I wish you the best. Your situation is kind of complex. I only stayed in custody for 42 days and Judge lowered the bail (it was 25.000 and was reduced to 3.000) It was a county jail which INS had a contract for immigration detainees I believe. I didn't have hard time, to be honest. I mean the jail is the worst thing that could happen to anyone, but I didn't have any problems with the guards or other immigrant detainees.

    I believe an approved I-130 is only good for 6 months. So isn't there a chance yours might be expired? Well, I really don't know much about it.

    My last court hearing, my attorney asked the judge to close the proceedings, then she asked if we got married before or after the proceedings. He said after and INS counsel said they can't agree with closing the proceedings since there is no I-130 approved yet. It sounded like if we got married before proceedings she would have closed the case. You have a big chance right there. You got married before all this happened. Just tell the judge what happened. He is eligible for AOS. It's not your fault if the INS lost your paperwork. That's one thing I CANT BELIEVE, how can paperwork get LOST??? Aren't these employees of INS responsible enough? They are playing with lives of people. I am sure if you present a convincing case, it'll be closed, and you 'll be ok...

    And I dont see any reason why cant the lawyers come to an aggrement, every fact of the case is well-known and clear... It's not a murder trial!!! geez...

  8. #8
    Guest
    Lostwife;
    it's been my experience, that if an "undocumented" (that's what your spouse is, right?) alien has a felony conviction (a dui on top of that), he has very very slim chances to adjust his status.

    Since apprx. 1997, it is unheard of for long-term resident aliens (LPR's) with such convictions to chancel a removal hearing...

    The only remedy you might have is to get an "executive pardon" from either the governoeur of the state the offense took place (you usually need to be a resident of the state) or from the president of the U.S. This is a difficult task. Good luck to you!

  9. #9
    Guest
    Hanbal,

    Does "undocumented" alien refer to those who entered the US illegally?

    Thanks

  10. #10
    Guest
    Bushmaster

    I'm not 100% on this, but I believe esentially it doesn't really make a difference if you entered illegally or if you were initially "inspected"; what matters is your current status. "Out of status" is practically "undocumented" and the current laws leave very little leniency for such persons.

    People have been abusing the system for so long, that it has gotten to do the point where congress passed some quite cruel laws. A few people with innocent mistakes (such as they moved away, not notifying INS about their new address), or honest people who appear to be intentional immigration law violators are being punished excessively.

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