Question for Mohan

Dear Mohan,

First of all I must commend you for what you are doing on this forum. I and I am sure many others on this forum are real grateful for you to take out your time and answer questions of many needy and desparate people on this forum!

Now coming to my question. Bushmaster knows me and I am in the same exact situation as his. I was put into removal proceedings as I wasn't able to maintain my student status (f-1) and was taken into custody in July. Now I am happily married to a US citizen and I have a immigration court date in about 6 months. Since I am in proceedings, I wasn't able to file for AOS. I do have a pending I-130 just like Bushmaster. The only difference is that my I-130 has been moved from the Nebraska Service center to the regional service center after initial adjucation (Bushmaster's is still in Nebraska).

My question to you Mohan is that have you heard of a case such as ours? How long does it take to get an interview date when the I-130 reaches the regional INS center. I have talked to my lawyers about this. They say that when in proceedings the adjucation of such interviews becomes the least priority of the INS. The only person who can tell the INS to hurry up and process the I-130 is the immigration judge! And since I am not going to appear in court till another 6 months.I am a sitting duck. Will calling the local senator help any?

I would really appreciate your help!

Regards!

Dear Mohan,

First of all I must commend you for what you are doing on this forum. I and I am sure many others on this forum are real grateful for you to take out your time and answer questions of many needy and desparate people on this forum!

Now coming to my question. Bushmaster knows me and I am in the same exact situation as his. I was put into removal proceedings as I wasn't able to maintain my student status (f-1) and was taken into custody in July. Now I am happily married to a US citizen and I have a immigration court date in about 6 months. Since I am in proceedings, I wasn't able to file for AOS. I do have a pending I-130 just like Bushmaster. The only difference is that my I-130 has been moved from the Nebraska Service center to the regional service center after initial adjucation (Bushmaster's is still in Nebraska).

My question to you Mohan is that have you heard of a case such as ours? How long does it take to get an interview date when the I-130 reaches the regional INS center. I have talked to my lawyers about this. They say that when in proceedings the adjucation of such interviews becomes the least priority of the INS. The only person who can tell the INS to hurry up and process the I-130 is the immigration judge! And since I am not going to appear in court till another 6 months.I am a sitting duck. Will calling the local senator help any?

I would really appreciate your help!

Regards!

It can be 9-12 month. Nebraska is processing 5/16/02 date of these kind of applications. IT can be faster if the IJ ask to relocate the I-130, But counsel has to do his work to get it.
How the INS released you? on bond? why you didn't file for AOS? applicant can file i-130 and I-485 concurrently, only difference is, it will not be processed until I-130 approved. Hope you already submitted all the supporting evidence with I-130 otherwise there will be more delay.

Well the initial adjucation is done and Nebraska sent my case to the regional center. Telling me that I will recieve all further correspondence from the regional center.

Yes I was released on a 2500 dollar bond. And I got married to my US citizen fiance after the removal proceedings (We were planning to get married anyways even before the procedings). That is the reason I didnt file AOS.

I sure hope all my supporting documents are complete with my application as I filed everything through my lawyers.

Another thing I wanted to ask you Mohan was that when I recieved my summon from the immigration court it states that I can send a letter in writing and request for an earlier hearing date. Is that a good idea? To try to get a date and then get the judge to tell the INS lawyers to expedite the I-130 or is there any chance of the I-130 interview to fall before the date?

Thanks in advance for your help!

No, On what base ? You are not under AOS. Your petition is not yet approved, you didnot file for AOS(I-485) on what ground judge will ask for relocation? This hearing is for deportation proceeding. Don't want to disappoint you but you have better chances to get removed then to stay. After orede of IJ your atttorney will file for stay of deportation, which will cost you more, and there will be less chances for approval because you have bond. You will be forefeited because you didn't left. etc etc. You know what I,m talkin about? To cut the story short> you should file for AOS before hearing. which makes better chances. otherwise Judge may be in the impression that if the Petition will be approved that you will file I-824 to move petition to your country and waiver and whole list etc.
Remember Judge will on relocate the petition and see if its approvable, but he should have ground to do that, i.e you are applied for adjustment or you are going to apply. sometimes, IJ don,t ask you if you are going to apply if you never file, this question can be irrevelent to the deportation hearing. Got it?

orede= order... typo,sorry

When in Removal proceedings, an indivdual cannot file for AOS. Thats what I have been told.

I have to wait for the I-130 approval and when I get that my lawyer is going to ask the IJ to dissmiss the case.

Tbis is what my lawyers told me that when I go infront of the judge in May. That will be my master calender hearing and I would be told that why am I deemed removable. My attorney is going to get the case dissmissed at that time as now I am married to a US citizen. ( which is highly unlikely my lawyer told me as I have to have an approved I-130). If not my lawyer is going to request the judge to give me another court date so the INS can make a decission on the I130. He will also ask the IJ to tell the counsel to expedite my I-130 and perhaps have an answer before my next court date.

And once the the case is dismissed my AOS will go through the immigration judge and not the INS center. My wife and I will have my AOS interview with the IJ and be granted temporary residenceship. Or atleast thats what the lawyers tell me or thats what I hope.

hi beta,

sorry to hear about your story.

what happened exactly ? how did the INS get you ?
how long were you detained ?
Sorry if I am being nosey here but I am just trying to understand how these things happen...
it's very constructive to learn about others situations...we learn how to avoid them...
good luck to you

IT this that simple?.. good luck..

I think you are dreaming. You are under deportation proceding and you have bond.You really think because your lawyer said to dismiss the case and IJ will do it? Because you are married to USC? If you think INS have this weak case against you and they picked you up, released on bond? you must be dreaming.Yes, your status cannot be adjusted while deportation procedding but it won't stop you to file it? atleast you will have receipt for fileing which explains your intention that you want to adjust while in US. Any way .. I'm done here.

I know it isn't that simple Mohan. This is what I hope the case is like. My case is the same exact as Bushmaster's. The only thing what is different is that I haven't been infront of an IJ yet and that my I-130 has been moved from Nebraska to the regional center already.

I know it isn't simple thats why I messaged you asking about your opinion of what is going to happen. Atleast I hope for the best....

Another difference is you have bond on you, he didnot. Counsel have strong point that you should be deported. You know counsel always press the deportation.IF you would have filed I-485, (regardless of acceptance) your attorney can prove your intention that you want to adjust your status within USA, Exhibit XX is proof ( receipt of $ 255 + 50 Finger print Fees) OR receipt from INS (13 Digits). If you don't have anything ,it is on judge's discretion if he/she want to proceed regarding AOS(which don't even exist at the time of Master hearing).on the other hand Bond money is already exist to buy your ticket and equire the travel DOCument if you don't have one. Think about it.
Hope your Attorney is right and knows what he is doing.
That what he said right?---->My attorney is going to get the case dissmissed at that time as now I am married to a US citizen. ( which is highly unlikely my lawyer told me as I have to have an approved I-130). Figured out your self whats the other option IJ have...?

Mohan, he is right, only difference is that he didn't appear before the judge yet, and I appeared 6 times. And his I-130 was relocated in the previous months, mine is still at Nebraska. I was released on bond, too. And I overstayed my M1.

Now, he wants to appear earlier before the judge so that they can ask the judge to expedite the local I-130 processing. but as you said, it might be judge who would take the case in a different way and grant a VD. It happened in one of the hearings when I was in the same court room waiting for my turn. But I am sure the judge would want to see the details of the case, and thus, might request evidence to see the marriage is bona fide, just like it happened to me...

I think his original question was, should he file a motion to the IJ, to ask to move the hearing date at an earlier date?

You already appeard 6 times. judge already knows your intention she accepted it. your counsel is week too.these are the benifit you have in your case. I know your case and I am following it too. I even know the conclusion too.
When this matter goes to court and you don't know what kind of counsel/Judge you will get. And when the decision is solely discretion of the IJ/counsel then One must think and make his ground strong. I know many cases which is right alien has right to appeal but counsel is not joining. Nobody can do anything about it.

As I see it this case is straight way VD case, unless Judge is soft hearted. My openion he should apply for I-485, even if it was not accepted he have proof to say that it was not accepted. If he want to get rid of this IND scrutiny. Go ahead. lets see what's comes out.

You are right, first time appearance before the court is very very important...

I need to ask you more questions, I am going to quote from a friend's email regarding my matter.

I gotta leave right now but I'll be posting tonite...

So until next time, take care...

John