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Please help! Daughter detained!

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  • #16
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by hannah_dreams:
    Thanks. The receipt that you are talking about --- is that the Notice of Receipt, or something else? I believe that Nevada files are sent to Chicago... </div></BLOCKQUOTE>
    "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


    • #17
      ICE does not conduct random checks near the border, the Border Patrol does.

      You daughter had illegal status since her petition was denied.

      How long was she in the U.S. since the petition was denied?

      You can get a more accurate answer if you provide more facts.

      What does her NTA and I-213 say?


      • #18

        are you a real post or is this extension of fun from som and halflife. I notice that you keep posting this thread all over.

        In case you are real.... the question that needs to be answered is...

        What paperwork exactly was filed for your daughter by her usc husband?

        It does not sound like there was an adjustment of status paperwork filed. I-485, 325A, I-765 etc. Even in the slowest service center these days, adjustment is not taking that long in family based.

        It sounds like maybe only a I-130 was filed, hence not being able to find a pending app in the system.

        You sound like you do not have the facts/or do not understand so I suggest that you have the same lawyer that helped you adjust your status investigate what paperwork was filed on your daughter's behalf and find out what is taking so long for the adjustment/interview to be completed


        • #19
          It appears that the poster is lying. She wants help for her daughter who was arrested. Unfortuneately there is no hope for her. She will be placed in removal proceedings and deported.

          She can apply for an immigrant visa and a waiver based on her marriage to a USC at the American Embassy/Consulate having jurisdiction over her place of residence and citizenship.

          It is disapointing that people asking for help are lying.

          Illegals who apply for adjustment as spouses of USCs don't spend two years waiting.

          I even doubt that she was an H-4/adjustment applicant who was denied, at least not from an H-4. Most likely it was a B-2 overstay. Or even more likely an EWI. Nothing in this story makes sense. She could not even get the arresting agency correct, much less give us any information from the I-213 and NTA.


          • #20
            i don't know how you can accuse someone of lying so easily. All the info I have given here is true. We were probably a victim of an incompetent atty who has been assuring us that the NOR is on its way, and that the reason for the delay is the volume of filings to beat the increase in filing fee.
            I hope you wouldn't be too rash on your pronouncements. People are hurting, be it because of the actions of some, or their own ignorance.


            • #21
              Then you should ask for your money back from the attorney representing your daughter in removal proceedings.

              In any event, you need to give more details to get help.

              Do you have a copy of the NTA and I-213?


              • #22
                No. She and her husband was stopped by border patrol on their way back home from visiting the father-in-law living in Patagonia. She even produced a lawyer's letter (which is always in her purse) saying she is being represented and that a petition is pending.

                Q: I asked the lawyer for a copy of the petition filing. I saw an error in one page -- the A# lacked a digit. Another error in the I-485.. lacking a signature. Are these reason enough for the hold-up of more than a year without NOR or any notice for correction?


                • #23
                  Yes, an unsigned I485 is useless. In any event, a petition and a letter from an attorney do not provide protection from arrest for being in the U.S. illegally. If you apply to adjust status while illegal, you are still illegal. Now she will need to apply for adjustment in removal proceedings.


                  • #24
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">more than a year without NOR or any notice for correction? </div></BLOCKQUOTE>
                    There is some thing wrong with per I-485. What about work authorization. I think her attonery did not file her papers. NOR will not take one year.


                    • #25
                      I agree with TAK.A notice of receipt doesn't take an entire year but I don't think the OP's daughter has much to worry about even in removal proceedings the husband should be allowed by the judge to file a new application if the info so far is factual.


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