Going to court without lawyer, under removal proceeding

[JohnR! 5,495]

1341598778[/url]' post='5507335']

I see ur dog winking at me while i read ur comment lol... but immigration process is extremely expensive and free representation list provided by court is a waste. I was looking if someone has experience in this but i guess we just need to wait til 10th

Consider that if he really can't afford it and his friends cant put together the lawyer's fees he would be better off speaking to a court appointed lawyer. In the very least a lawyer would be able to advise him on what to do - stay, leave, etc - and what to say and not to say in court. If he goes solo before the judge, chances are he will be processed for removal. That he does not have a lawyer is not an acceptable excuse for the court to hold a decision on his case.

Wish him the best !

[gc2012 1]

When you start making comments about how USCIS is ridiculous when your friend is ignoring US laws, then you get responses from Americans who don't like guests who ignore our laws and then have a friend label our system as ridiculous. You started this. How do you think Americans feel when we let foreigners in to take advantage of our educational system with their promise to leave afterwards only to have them violate our laws? That's ridiculous, and not our response to a person who is essentially an unwelcome guest. It is ridiculous that your friend is remaining in the US illegally after he promised to leave when he was finish with school in order to obtain a student visa. Now, we have to spend US taxpayer's money to deport him. He is wasting our money. He is making it harder for other students to get visas. Now, who is ridiculous?????

If you hadn't started disparaging our system, then you might not have gotten the negative responses above.

Furthermore, a foreign citizen who is a guest of the US does not have the same right as a US citizen. Do I have the same rights as you if I was a guest in your home?????? Would my rights be equal to yours????? It is ridiculous that you think a foreigner has the same rights as a US citizen in the US. Would you expect the Indian government to treat a foreigner with the same rights as an Indian citizen???? I suspect you would be offended if someone told you your government was ridiculous for enforcing its laws and enforcing the promise the foreigner made to leave.

TBH i didn't come here for a discussion but as long as he lives in US there r certain benefits an individual gets. There is a reason why US is attractive for millions of ppl coz of equal treatment u get. But i dont wanna get into a discussion on that.

Regarding taxpayer money, well in immigration cases a person doesn't get free state appointed representation, he is supposed to pay for it as govt doesnt wanna spend tax payers money, which absolutely makes sense.

And how did u pass the judgement that he ignored the US law? Do u know the specific case? How can u say he is living illegally just coz he fell out of status? It's called passing judgements and its not ur but the judges job.

Regarding F1 visa, lemme put it straight, over 90% kids come here to study and to get to work here. Whether it's right or wrong is not the question, u can argue as much as u want but that's the fact.

What made u think ppl promise to leave US after finishing school? I never said anything like that when i went for visa interview in 2005. If it wasn't right don't u think there wud've been NO provision to apply for H1B after finishing F1. Govt wud've put measures for it? If its allowed then its legal.

[Boiler 45,525]

What made u think ppl promise to leave US after finishing school? I never said anything like that when i went for visa interview in 2005. If it wasn't right don't u think there wud've been NO provision to apply for H1B after finishing F1. Govt wud've put measures for it? If its allowed then its legal.

HiB's are done for this year.

[catknit 144]

Do I have the same rights as you if I was a guest in your home?????? Would my rights be equal to yours????? It is ridiculous that you think a foreigner has the same rights as a US citizen in the US. Would you expect the Indian government to treat a foreigner with the same rights as an Indian citizen???? I suspect you would be offended if someone told you your government was ridiculous for enforcing its laws and enforcing the promise the foreigner made to leave.

Being a USC that has lived in and visited in India numerous times as the spouse of an Indian citizen - even holding a PIO card - in NO WAY do I expect to be treated on an even playing field and, not too shockingly, have NOT been treated with a even playing field regarding numerous facets of everyday life in India. I don't have the hubris, for lack of a better term, to think that I would be. gc2012, your friend needs to play by the rules here even if it means he doesn't get the result he wants. Sorry - but that's how it works.

Regarding F1 visa, lemme put it straight, over 90% kids come here to study and to get to work here. Whether it's right or wrong is not the question, u can argue as much as u want but that's the fact.

What made u think ppl promise to leave US after finishing school? I never said anything like that when i went for visa interview in 2005. If it wasn't right don't u think there wud've been NO provision to apply for H1B after finishing F1. Govt wud've put measures for it? If its allowed then its legal.

As a student visa is non-immigrant, it is expected that the student will return to their home country. Yes, the process exists to go F1-OPT-H1B. And, it is legal to go F1-OPT-H1B. But, it is NOT a right. It is a privilege.

If you believe that the COs have no clue about the for-profit-schools and the H1B mills that are a minor step below white-collar slavery all in the grand hunt of a GC, then you are horribly naive. I know enough people [NRIs] who have been severely burned in these set ups, either by the school, not getting the visas, or getting cut-rate wages with extortion rate medical insurance and the happy joy of paying 30-40% of their pay BACK to the "consulting" firm they work for who sponsored their H1B. I get it - at the end of the long and winding road they get a GC - the pearly gates are now open and you can get a real job. But, damn, talk about selling your soul to the devil and with NO GUARANTEES.

If I were your friend, I'd be beyond mad at the school that closed shop. If I were his family, I'd take it as a sign from above that he should either take his education and make it work in India or start looking at Australia, NZ, UK, somewhere else. Again, yes, the process does exist - but it is not guaranteed or a right. Sorry, but it's not.

All that being said, maybe the judge will be lenient - maybe s/he gets what a hot mess this is. This holier-than-thou, self-righteous "I'm going to get mine because other people do it and it's a right" attitude is not going to work in court. I'd make that painfully clear to your friend to NOT do that in court. Go ahead and mention the frustration/confusion of the school closing - if it's one of the schools that's been in the news in the last year or so, he can claim he was duped if asked. But, he needs to choose his words wisely. A sense of entitlement from a non-immigrant visa holding student is not going to get him very far....

[gc2012 1]

Anyway, it all ended fine. Here's a brief transcript.

Judge: Why no lawyer?

Friend: I contacted a lawyer from the free legal service (non profit) list u offered me last time. She is helping me but she cudnt come today as she wasnt available.

Judge: what's the status of ur case?

Friend: I have contacted the USCIS to find out the status. They have asked me to wait for another 30 days. Here are printed email conversations. Meanwhile, i have applied for OPT and here is my degree certificate from my other university where i finished my graduation. (passes the document set)

Judge to USCIS lawyer: Are you carrying anything with you?

Lawyer: No

Judge to friend: Did they tell u why a reinstatement is taking such a long time?

Friend: Mam they are doing background check and security check, it's in the email conversation

Judge: I am giving u another date of May 2013. That will give u enough time. If you get a decision for your case anytime before that then just come to court and we will cancel ur NTA or come with a lawyer next may.

Friend: Thank You Mam, I am hopeful i will get a decision by this month end.

Judge: Next!