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court hearing this coming tuesday

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  • court hearing this coming tuesday

    I am married since March. Im in removal procceedings. My court date is on the 30th. Would I be ok if I file my i-130 on Monday.??Thats whats going to happen now..I have got a really good immigratino lawyer, I dont know If he is telling me the truth or what. He said I have an excellent chance of staying here.
    He wants me to sign a contract for about 6000, his got my wifes name on the contract to, he said if I get deported she would have to pay the rest.
    He is one of the best immigration lawyer in this state. What do you guys think about it? Should I go for it?

  • #2
    I am married since March. Im in removal procceedings. My court date is on the 30th. Would I be ok if I file my i-130 on Monday.??Thats whats going to happen now..I have got a really good immigratino lawyer, I dont know If he is telling me the truth or what. He said I have an excellent chance of staying here.
    He wants me to sign a contract for about 6000, his got my wifes name on the contract to, he said if I get deported she would have to pay the rest.
    He is one of the best immigration lawyer in this state. What do you guys think about it? Should I go for it?

    Comment


    • #3
      once youre in removal a marriage to a American that takes place after the fact will not help. see the law cahnges of IRIRRA 1996 that went into effect 1997!

      Comment


      • #4
        I didn't get married after I was put in removal proceedings. I got married before that

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        • #5
          Hishukan, that lawyer sounds pretty messed up in my opinion... In removal cases lawyers go by payments. Throughout the process they ask you more money. That is what we did. Well if this guy is making you sign a contract, he doesn't trust himself that he will win this case, so he is assuring that he has his money. What a j*rk! I have seen cases like this where the respondent got deported but he got his money, that is all they care anyway. What state are you living in now?

          Also it doesn't matter when you got married (before or after proceedings) if you can provide evidence that you entered marriage in good faith. I got married after the proceedings commenced and I am waiting for my final hearing in Nov. Got everything approved during the process. (I-130, EAD, etc...)

          Good luck...
          SEMPER VIPER / Army Strong!

          Comment


          • #6
            Lawyers frequently have their clients sign contracts - there is nothing out of line about that. It's no different than signing a contract for a car or anything else. Lawyers cannot work for free so they ensure payment or the ability to seek payment through the court system because many times they are not paid. When people are financially strapped the first thing they quit paying are attorneys, dentists, doctors, etc. because they need their money to pay living expenses. Don't think the lawyer is a crook just because he wants you to sign a contract, however, if you want to find out if he/she has had any problems in his/her practice call the American Bar Association and check up on the attorney. Also, find out what they bill hourly is it $100 per hr, $200 etc. That will give you some idea how much time they will spend on your case for the amount of money. Ask what services are provided too. Gook luck

            Comment


            • #7
              hiku, it all comes down to 2 questions:
              1. did you enter the US inspected (with a valid visa) or uninspected (just sneaked in).
              2. And what exactly is the reason for your deportation?

              If you came uninspected, there is nothing you can do to avoid being deported and the 6K to the lawyer would be wasted. If you came inspected and fell out of status and are married in good faith, and the reason for your depotation is just your out of status problem you are almost fine (but it will take some money and struggle).

              Ac I.O.U. (not aceLaw!)

              Comment


              • #8
                I came here inspected fell out of status. My visa expired Dec '02. We were planning to get married but moved up our plans because of the registration. I got married like just 3 days before the registration. But yea we are in love and we got married in good faith. If I get deported she is coming with me to back home. Sp what do you think?

                Comment


                • #9
                  You don't have to get deported. If she is willing to go back where you are going, then you might as well request a voluntary departure which I am sure you are eligible for. Then it will be easier to come back if/when intended.

                  But remember, the place you call "home" is not home for her, make sure she is going to get comfortable living there... Unless of course she is a native of your country and a naturalized US citizen.

                  In some cases, when the marriage was entered before the proceedings, judge can remand the case to the INS and you take it from there, and I-130 won't take long to get approved. But in cases like mine, (same situation but marriage took place after the proceedings) you have to prove good faith to the court and the INS. The INS may request to keep the case in the court to see the outcome of the I-130. If the marriage is entered into good faith and the judge has the findings towards that fact, s/he will wait until the I-130 petition is adjudicated.

                  If you ask judge to grant a voluntary departure at this point, I am sure s/he will ask you "Are you sure?" since you are eligible for a relief. That is AOS.
                  SEMPER VIPER / Army Strong!

                  Comment


                  • #10
                    I already told you regarding your case.
                    Let me ask you , you did not file any thing yes. On what base you are going to ask judge for your relief?
                    Do u think marriage to USc and not filing anything or not trying to file anythig will allow you to stay here?
                    What if judge ask you that you were married for XX months and why you didnot filed for adjustment, what answer you have? why you want to tie up the judge's hand to grant you relief for staying here.
                    If i were counsel of service I will object to the relief of staying and and force the judge to grant the voluntary departure.
                    Do u know once the voluntary departure granted then you have no other way to stay but leave? even you appeal, still you have to move because under new Law the case is abondoned no more.
                    don't dig your own grave... ok
                    file ASAP.
                    if you think you will file same day then wish for some unexperience counsel from INS so he should not object that you had plenty of time to file for visa petition and you didn't file, he should not think your marriage is not working smoothly, He should not think you married to stay here, OR may be not able to file for other reasons and let you have another master hearing date.
                    AND your attorney will be smart who can ask for another hearing date because either he have excuse that you hired him recently and he need time to prepare, and within the time period he will file the visa petition.
                    But again, next hearing date question will remain, as it will take time to approve petition, also petition only proves that marriage is entered in good faith, it won't stop the voluntary departure or deportation.
                    Its a discussion, not a legal advise..

                    Comment


                    • #11
                      As usual, mohan coming down hard but firm!
                      SEMPER VIPER / Army Strong!

                      Comment


                      • #12
                        yeah man, I told this pathan ka baccha that file it it was a week ago, he did not listen, once he will get deported or his case will be damage then he will come on the board and either complaint about his attorney OR INS, but actual fault will be his own. I guess people don't listen unless they spent some money from their pocket.
                        How hard it is to file a I-130 and G325A?
                        Filling form is hard for educated person? IF he can,t do it himself let someone else have it fill for him, atleast he can save himself.
                        his attorney may be Mess his case first then charge more and try to repair the damage, may be he don't understand, that why he wasted all the time specially last week.
                        Its a discussion, not a legal advise..

                        Comment


                        • #13
                          I was going to send the forms, but you said Mohan I needed to send out the forms ASAP. At that time I didn't get any notice for me to appear infront of the judge and I called this number to find out my notice to appear on the court. I didnt know the phone number was there as I have tried in the past to find out the number. I even went to the INS office and they didnt' give me the right phone number. I know I should had send the forms, but there were questions on the form I didnt know the answer, trying to get lawyer through prepaid legal, but the ***** over there wont return my phone calls, so nothing was going right for me I had only discussion board to solve my problems.
                          I decided a lawyer would fill out these forms for me, so that I dont type anything wrong in there...its asking for my employment date, was I removal proceedings before... I have worked illegally and was in removal proceedings....then again if I put in the form that I wasn't in removal proceedings I lie.. what if later they found out I was in removal proceedings...they will not approve to adjust my status...If I file that I worked and put the date when the employment began I dont know if they will accept the petition (i-130).... then again to be safe I dont put down that I ever got employed...what if they found out later on... I will be in mess!! So thats why I didnt file cuz I was waiting for the correct guide....I know its my fault...I just dont know anymore...

                          Comment


                          • #14
                            Im just too **** stupid for this ****. I just dont understand why all these rules are set forth...live like a prisoner here!

                            Comment


                            • #15
                              MOHAN
                              "But again, next hearing date question will remain, as it will take time to approve petition, also petition only proves that marriage is entered in good faith, it won't stop the voluntary departure or deportation"

                              What do you mean by that man? If I dot get i-130 approved. how can I still get deported?

                              Comment

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