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Thread: Master Calender Hearing--help

  1. #1
    Guest
    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. #2
    Guest
    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

  3. #3
    Guest
    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...

  4. #4
    Guest
    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!

  5. #5
    Guest
    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...

  6. #6
    Guest
    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!

  7. #7
    Guest
    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!

  8. #8
    Guest
    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.

  9. #9
    Guest
    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?

  10. #10
    Guest
    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.

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