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Immigration Law Question: Immigration Judge Decision

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  • Immigration Law Question: Immigration Judge Decision

    We are filing I-751 late for half a year. If our filing is denied based on late filing and at that point, according to USCIS, the applicant “will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, we [USCIS] must prove that the facts on your application were untruthful and/or that your application was properly denied.”

    I am curious whether an immigration judge’s review of my denied case will be based on the validity of the marriage (Bona Fide marriage) or the late filing? In other words, our marriage is real and we just filed late, would immigration judge use the same reason of “late filing” to deny my case (subsequently I will be deported) like USCIS denial of a late I-751 application?

    Any suggestions are greatly appreciated!
    yhpl

  • #2
    We are filing I-751 late for half a year. If our filing is denied based on late filing and at that point, according to USCIS, the applicant “will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, we [USCIS] must prove that the facts on your application were untruthful and/or that your application was properly denied.”

    I am curious whether an immigration judge’s review of my denied case will be based on the validity of the marriage (Bona Fide marriage) or the late filing? In other words, our marriage is real and we just filed late, would immigration judge use the same reason of “late filing” to deny my case (subsequently I will be deported) like USCIS denial of a late I-751 application?

    Any suggestions are greatly appreciated!
    yhpl

    Comment


    • #3
      Both. Your late filing is evidence of fraud.

      Comment


      • #4
        I am not sure about this. We just simpliy forgot. We have all the evidence of our good marriage...

        Comment


        • #5
          If you haven't already got a lawyer involved, do so immediately. This situation is not a DIY thing.
          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

          Comment


          • #6
            Yes, I talked to a lawyer already and she suggested filing I-751, even if late. She suggested being honest about late filing - simpliy didn't pay attention and had forgot filing etc.

            I don't know if this reason will "fly" in USCIS.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by yhpl:
              Yes, I talked to a lawyer already and she suggested filing I-751, even if late. She suggested being honest about late filing - simpliy didn't pay attention and had forgot filing etc.

              I don't know if this reason will "fly" in USCIS. </div></BLOCKQUOTE>

              1. We are NOT lawyers, we are lay men.
              Public boards are NOT the right place to ask for legal advise or suggestions.
              For legal advise consult a practicing immigration attorney in good standing.

              2. As long as you are married in good faith, being late on filing I-751 will not put you in any trouble.

              You may be outside of USCIS jurisdiction , subject to ICE watch (deportation unit) and under EOIR jurisdiction (EOIR - executive office of immigration review and so called Immigration Court under DOJ).

              All you need to do now is file the paperwork with proper jurisdiction and, if necessary, appear before the immigration judge to explain why you failed to timely file the I-751.

              Ask an immigration lawyer how to proceed.

              Good luck.
              http://www.anbsoft.com/images/usflag_med.jpg

              "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">ICE watch </div></BLOCKQUOTE>
                Thanks OLDE.

                Are there any ways I can figure out if I am under ICE watch?

                yhpl

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by yhpl:
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">ICE watch </div></BLOCKQUOTE>
                  Thanks OLDE.

                  Are there any ways I can figure out if I am under ICE watch?

                  yhpl </div></BLOCKQUOTE>

                  Yes, there is. Go to ICE and ask them.
                  http://www.anbsoft.com/images/usflag_med.jpg

                  "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by yhpl:
                    We are filing I-751 late for half a year. If our filing is denied based on late filing and at that point, according to USCIS, the applicant “will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, we [USCIS] must prove that the facts on your application were untruthful and/or that your application was properly denied.”

                    I am curious whether an immigration judge’s review of my denied case will be based on the validity of the marriage (Bona Fide marriage) or the late filing? In other words, our marriage is real and we just filed late, would immigration judge use the same reason of “late filing” to deny my case (subsequently I will be deported) like USCIS denial of a late I-751 application?

                    Any suggestions are greatly appreciated!
                    yhpl </div></BLOCKQUOTE>
                    The immigration judge would view the facts and circumstances of your late I-751 filing. I am assuming there is no reasonable cause as to why the petition was late. What will probably happen is that your spouse will have to refile the entire application again, ie I-485, I-130, and I-765.
                    "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

                    Comment


                    • #11
                      Thank you Hudson.

                      So my plan is to file I-751 ASAP, with an explanation letter. If denied, I will then file I-485/I-130 to adjust my status.

                      yhpl

                      Comment


                      • #12
                        Firstly, it depends on the IJ (Leniency..); secondly, on your explanation of the delay. To my understanding if your reason for delay is cogent and plausible - you should be fine, and hopefully you will be fine.

                        Have a good attorney prepare your case properly and efficiently.
                        Best wishes,

                        Comment

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