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  • removal proceedings

    Need some advice please!

    What happens at a master hearing?

    Married since 2003 had interview but didn't have enough evidence. appealed decision of intent to deny. spouse however stopped case last year and filed for divorce which is now final.

    came here in 1987 on f1 and finished my ungrad and masters in 1995.

    lawyer thinks the only way out is to pack my bags and tell the ij I am willing to leave. However the country I m from has to many political issue leave alone the fact that I have been since for such a long time. have never filed for asslym. lawyer says can't file now because time has passed.

    want to file i360 or 42b but lawyer says it will look like a scam. leave alone the fact that i have been seeing a shrink. the hearing is next month.

  • #2
    Need some advice please!

    What happens at a master hearing?

    Married since 2003 had interview but didn't have enough evidence. appealed decision of intent to deny. spouse however stopped case last year and filed for divorce which is now final.

    came here in 1987 on f1 and finished my ungrad and masters in 1995.

    lawyer thinks the only way out is to pack my bags and tell the ij I am willing to leave. However the country I m from has to many political issue leave alone the fact that I have been since for such a long time. have never filed for asslym. lawyer says can't file now because time has passed.

    want to file i360 or 42b but lawyer says it will look like a scam. leave alone the fact that i have been seeing a shrink. the hearing is next month.

    Comment


    • #3
      1. Don't listen anybody - pursue your case to the very last if you are acting and acted in GOOD FAITH.
      Sometimes you must listen to what Attorney says, sometimes you must not.

      This being said, in general someone under your circumstances would be ordered removed.

      But final order of the Judge depends on zillions of things that He/She will take into consideration before ruling on your case.

      2. You can file for Asylum anytime. However, you will have to explain why you didn't file within one year after your arrival, was it due to circmstances beyond your control (changed country conditions and etc.).
      If the reasons you provide are accepted, then you will get Asylum claim adjudicated based on evidence you provide.
      If not, then your Asylum application will be denied right away.

      You can still apply for Withholding of Deportation under CAT, but the standart/burden of proof is much higher for the latter; there must be not only a probability of your persecution in home country, but almost a certain belief/fear on part of reasonable person that you would be tortured/severely persecuted if sent back.

      Everything in Immigration is INDIVIDUAL and depends on INDIVIDUAL circumstances of each person.


      Regards,

      IE

      Comment


      • #4
        thanx Antifascist1. However, doesn't one need a lawyer when one goes before an ij?

        what would happen if one was to appear without a lawyer? can one request a trial at the master hearing?

        Comment


        • #5
          What would happen if the immigrant leaves, just as the atty. suggested and after having an AOS application withdrawn by the USC, claiming marriage fraud?

          Given these circumstances; would the immigrant be able to return to the US? How? When?

          Comment


          • #6
            Hi Floyd

            Looks like you have a few problems here.

            Was this a business marriage?

            if no I need more info about why you didnt have enugh evidence at the interview. Was wife with you at interview? Whats your state/service center that this first interview took so long. Was it Florida

            Need some timelines here. seperation/just more facts.
            YOu may be ok and just have a weak lawyer

            Comment


            • #7
              ANOTHER ****STER BANGS THE WALL !!!

              Comment


              • #8
                Great questions 4now. I was with my wife when we went in for the interview. unfortunately we did not have membership in a gym in both our names the interviewer was not satisfied with just a bank account and auto insurance in both our names. oh, they also claimed the signitures for my wife didn't match. The strange thing was that they challenged our claim that we had a lawyer despite the fact that they had letters with his letter head. They wanted a retainer letter. That was 2003.

                In 2004 we appealed the decision. In the mean time work permit was revoked and thus stopped working which frustrated the hell out of my wife. And like many couples we could not survive the financial strain. That is without mentioning the fact that she was muslim and I christain which drove the her parents crazy. It killed her that the parents refused to accept the me because of my religion.

                So right after she called ins to tell them we were expecting a child, she served me with divorce paperes last year.(2005)

                Child turned out not to be mine but a muslim classmate of hers. As expected she was relieved because the father had promised to disown her if the child had turned out to be mine.

                The first hearing was postponed because we were caught up in a bitter battle over dna. The 10th may was exactly four years since we filled.

                And those my friends, are the grafic details.

                oh, baltimore

                Comment


                • #9


                  Wow... 4now is left speechless, dazed and confused If your wife was the person seeking the AOS, then it would make perfect sense...that you were being used because you know by religion that muslim girl cannot marry christian man. but that is not the case here as you are the one seeking to adjust status.

                  In anyway, Mabrouk on losing that sharm_t_


                  1st of all. before u do anything/make decision.. go find expert lawyer. not this one you have now.. u need one who has many years experience in front of IJ.,, not someone thats peddling standard immigration paperwork.

                  Looks like several issues here. so lets break them down. few more questions

                  1. After the first interview, and when you appealed decision.. did you use a lawyer for the appeal?

                  2. Is she willing to help you at this point if you would need her?

                  3.Why did your spouse call the INS to tell them she was pregnant???? was this to help the appeal case?

                  4. Baltimore/vermont serv. center,, u should have had AOS in 4to six months.. card in hand. did they seperate you at the interview to ask questions? Did you have wedding pics and affidavits from relatives/friends. The evidences that you said you had are very significant and weighty evidences. Something is a little askew here. enlighten me.

                  4. How long did you actually stay married LIVING together as man and wife after the interview? Do you have continuing proofs after the 1st denial?
                  The divorce is the killer in the appeal, becuase you have divorced before an AOS was complete. automatic denial/termination. If you had at least the conditional card you otherwise could have at least "duked it out with a emothional abuse waiver. but that is not the case so looks like u r looking for other options to stay without returning to home country. In light of the circumstances, VAWA should not be ruled out... that why i said get another attorney, an imaginative one. I am sorry about the baby issue. this can work both ways.. against you(supporting their suspicion of sham marriage) and maybe 4u.(road to I360 VAWA) .

                  my friend, I know you have been thru a horrible experience. but things will be better soon. Time can heal most wounds and love can heal those wounds.. Im sure by now you must have found someone new that you may want to spend your life with now that you are free. .
                  You could then adjust status thru a second marriage. If you would have at least an approved I-130 before the hearing, the IJ could adjust your status/applications in the hearing.


                  Options:


                  1.Postpone/ask for continuance hearing til finding competent lawyer to represent you . one that could prove that CIS was wrongful in denying first application that would have granted you a conditional greencard and therefore you would have had relief to allowed you to file 751 waiver for emotional abuse/ or on a bonafide waiver when the divorce occured.


                  2. Get married again

                  3. File I360 VAWA based on emotional abuse

                  4. Pursue employment h visa. as you are college educated. however caps I believe have been met already.

                  5. if negative decison... Appeal to buy u more time.

                  6. If all else fails/ appeals are exhausted.. take voluntary departure. but I think you are too smart to even let things get to this point.

                  Comment


                  • #10
                    we were never separated at the interview. we used the same lawyer that I have now for the appeal. I believe she thought telling them about the baby would help.

                    We lived together until she moved out last year in May to take a job on the west coast, this of course turned out to be a boyfriend. The divorce was bloody, helping me at this time is out of the question. She stopped the case just like she used to calim during the marriage. "if you don't do what I want I will stop the case" she used to say. I guess she was not kidding.

                    The lawyer claims we should not do the 360 or 42b because the ins claimed the marriage might not be bonifide.

                    Bare in mind that their accusations are that I overstayed my f1 and didn't register for that student information system they have going now!

                    My pastor, some of my inlaws and neighbors are all willing to testify on my behalf but the lawyer is opposed to requesting a trail.

                    Is it possible to talk to an ij without a lawyer?

                    Thanks for all the input 4now, you have been God sent!

                    Thanx

                    Comment


                    • #11
                      Hi Floyd


                      Get rid of that bimbo lawyer gal you have. She has been ineffective and will continue to be. She's scared. She probably has no experience whatsoever in filing VAWA so shes encouraging you to "just go home" without an imaginative fight. loser..oops I mean lose her.

                      You need to bare in mind that your f1 overstay and non current I-20 is totally no big deal. This is all forgiven with marriage to USC. all illegal working etc. all forgiven. This in no way was an issue.


                      Absolutely dont even think about going before the IJ at this point without a lawyer preparing a defense for you. Your marriage was bonafide. YOu know you are not guilty of marriage fraud/sham. This is your strongpoint.. just prove it. Your ex wife is not alledging fraud is she????/ This lawyer doesnt appear to have her feet cemented in this idea. believe in yourself and the truth. Why would she be opposed to requesting a "trial"? She doenst appear to have faith that you are telling her the truth or what????

                      Please dont tell me you conferred with this lawyer for the first interview. because there are standard things to have .. pictures, the joint account/insurances. letters from relatives, friends. You should have had letters then. but its not too late now ..so get them. Something made CIS uneasy, unless it was just a case of anti muslim backlash by Adj Officer.

                      None the less that is spilled milk. let it dry.

                      Plan B

                      i360 get your pen out.
                      You suffered at the hands of an abusive wife much emotional pain that she put her thumb on you that she would pull the case if you didnt do all that she wanted. she contstantly reminded you of this. It further became unbearable after CIS denied your case and took away your ability to work. you are going thru terrible depression becuase of all the stress brought about by USCIS and wife. Wifey gets pregnant to bring a little joy to the situation except, wife is unfaithful and gets impreganated by another man. Then divorces you to marry the fellow muslim. This is unnecessary horrible emotional abuse and emotional cruelty. the abuse of adultery for your mental wellnes. this is more than you can bear and you had to get professional help as you did just to cope. im sure you are on some low grade meds like zoloft. if not Im sure you should be . sniff sniff You been here for more than 10 years. blah blah sniff sniff.

                      go get that application and fight for your rights man. document the deception get your doctor to write up diagnoisis and have detailed emotional abuse how she wouldnt help you secure the greencard.
                      Yours is a story of improper denial that led to an unfortunate domino effect.

                      You have nothing to lose by doing this. Your case is already at "intent to deny".

                      Comment


                      • #12
                        4now, how have you been? I 4 one have been running the streets looking for a good lawyer! The latest, is that I should go and have the ij oder me deported, that way I can appeal. V-depature is completely out of the question at this time.

                        Can I still do the I360 or 45b after the ij's order of removal in 30 days while I appeal?

                        This whole thing is just crazy, oh, the doc put me on prozac....umm...it is some good stuff.

                        Comment


                        • #13
                          You were married in 2003 but when did you have your AOS interview, if any? when did you file for AOS?
                          You can show up before the IJ all by yourself, or with an attorney, or a law student as long as the representation of your choice is recognized by the government as "valid" for immigration purposes. This is NOT legal advice.

                          Comment


                          • #14
                            [Quote]
                            "Floyd (are you pink by any chance? "[quote]

                            No... Floyd's back is just against "The Wall"


                            You should have already filed .like yesterday would have been good. Take care 4now.

                            Prosac can make u crazy and violent in the long run. few members here take it. Seems to cause multiple personalities 2. be careful.. just look around this board .. they all keep dancing to Michael Jackson's "OFF The Wall".

                            ps. one more thing floyd.. beware of "fake posters" giving u advice... as Some people may actually perceive this as a "fake thread"

                            Comment


                            • #15
                              I agree. Unless there is something you've not declared (i.e. was this marriage bona fide), on its face. it seems as though you should have plenty to compile an I360.

                              a. controlling US citizen spouse
                              b. threats to abort the process if you don't comply
                              c. indifelity
                              d. adultery culminating in illegitimate child (big trump card here, in my opinion)
                              e. difficult divorce (who filed first?)

                              Success is in the way your attorney packages it. Emotional abuse being the threats/control that you were forced to bear by the US citizen wife to accept the unacceptable (infidelity/out of wedlock child to another man). Then after all is said and done, she turns you in with allegations of fraud, that is, AFTER she called to assure USCIS of the legitimacy of the marriage by declaring the pregnancy.

                              Get a cracker jack lawyer, and NOW!
                              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                              Comment

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