I NEED HELP ASAP. The DHS is looking to process me but I am married to a citizen.

[aussie_jason 195]

ICE can issue two types of warrants, an administrative one that is basically just an instruction to ICE officers to detain you if possible and true warrants that are signed by a judge and can give them legal rights to search your home etc. It may not be illegal in a police sense and you won't end up in a criminal jail (unless you've committed crimes) but they can and will arrest/detain you for immigration purposes. The reason they have been trying to contact you is likely to get you to volunteer to deport, which would leave you very little recourse to get back into the country.

You need to file your entire AOS package ASAP and get your I797C for your I485 otherwise you are at a high risk, if you are detained you may still have a path forward by getting the AOS filed but it would be much more complicated and likely require an attorney .

[Brayo 0]

Thank you very much. I have already started the process of the filing. The information required is overwhelming so I am trying to do it with haste. As of now, I am waiting on the marriage license to continue the process, and trying to come up with the money (which is ridiculous). Once again thank you for your help and may you all be blessed.

[aaron2020 11,651]

Hi,

Trying to help. Not being mean.

Why is the US government looking for you? Normally, they don't come after someone who is here illegally without more.

You need a lawyer.

You can file to adjust to your wife. However, there is something else going on here.

[aussie_jason 195]

You need the marriage certificate not the license, typically you get a marriage license that has a mandatory cooling off period (depending upon the state, Nevada for example doesn't have a cooling off period), then you get married and then the court will issue a marriage certificate.

[NancyNguyen 1,658]

ICE doesn't have enough manpower, money to go get just an out-of-status invididual. Your story is not simple that you fail to maintain your F1 status. Once you are in deportation, removal or rescission proceedings (one yes/no question in i-485 form,) you will have a great hard time with the AOS, you need an immigration lawyer, not Google.

Out-of-status is waived when you get married to USC, but I don't think it is applicable to someone who has an existing warrant by ICE. Please don't think a marriage and AOS right now will give you a safe card with the ICE, this is false info. Find a lawyer ASAP.

Edited April 11, 2014 by NancyNguyen

[Ontarkie 14,510]

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from AOS from family based visas~~

[Darnell 8,479]

I have been out of status since last june. I really appreciate your help people thank you. I will think wisely on my choice. Im just worried because it seemed these people were on a mission to get me, which means sympathy is out of the question. I just read that I cannot be arrested for being illegal, I can be detained however, nonetheless its not a fact so I am not sure. All I want to do is stay safe, because I have started alot over here, and I was doing well until this issue swept me off my feet. I am 21, so situations like this are a little overwhelming so please understand why I do not know what choice to make.

june? you are way outside of the window, technically you are in overstay status and are deportable.

whatever your plan is, uh, file.

[Morningmist 76]

They did put F1 students under house arrest ( ankle monitors etc) when one of those paper mills got into trouble with USCIS in California. So you probably can be arrested for failing to maintain status.

http://www.foxnews.com/politics/2013/05/07/boston-probe-problems-student-visa-overstays/

[Brayo 0]

Once again thank you for your help. To answer all your questions at once. I have not comited any crimes. All I know is they randomly showed up at my aunts house. a guy left a voicemail saying he has been assigned to my case and I should contact him. I was thinking it was because I was going to a small school, so one out of status individual could raise a flag easily. Like i stated, I have never done nothing wrong, neither have I ever been detained or convicted of any crime. I do not have funds for a lawyer unfortunately.

[Brayo 0]

ICE doesn't have enough manpower, money to go get just an out-of-status invididual. Your story is not simple that you fail to maintain your F1 status. Once you are in deportation, removal or rescission proceedings (one yes/no question in i-485 form,) you will have a great hard time with the AOS, you need an immigration lawyer, not Google.

Out-of-status is waived when you get married to USC, but I don't think it is applicable to someone who has an existing warrant by ICE. Please don't think a marriage and AOS right now will give you a safe card with the ICE, this is false info. Find a lawyer ASAP.

Hey, so if I do not have a criminal record, and I do not yet have an existing warrant. Can I call the homeland security guy after I get married, and inform him of my plans. If so, will that help in any way?

[Messybrownhair 251]

Hey, so if I do not have a criminal record, and I do not yet have an existing warrant. Can I call the homeland security guy after I get married, and inform him of my plans. If so, will that help in any way?

It will sound like a desperate attempt to stay in the country, it will not look good to them. As others have stated, just simply getting married will not help you. You have to file and have the notice of action. I would get a lawyer if I were you... Do not forget the medical as well (I-693) together with I-485 and I-130

[Avery Cates 1,141]

I have never done anything wrong during my stay here

Except, you know, intentionally overstaying and abusing the visa you were lucky enough to be issued, and then suddenly coming upon a legit marriage when it was discovered you were scheduled for deportation.

[Terry J 50]

I may not know everything but if ICE were breathing down my neck, I would not be trying to handle this on my own.

At least try to find a non-profit legal/immigration counselling service in your area that can advise you on what you may be facing and what you should do next concerning ICE.

You already know that you need to file for AOS pronto, but beyond that you need legal counsel to help you out of this potential mess. Best of luck to you.

[christeen 966]

You are not safe at all until you file the I130 and 485 and get the receipt of filing.. Then and only then can you even think about letting anyone know anything... Beg, borrow, loan just get that money and get your application in... Nothng you can do until that is filed... Read the instructions and fill out the forms .. Just give them what it asked for with the documents... You need the marriage certificate, the licence means Nothng... Saying you are "planning" on filing is not filing... If you have any chance of fighting deportation, you need to get a move on...

[AnotherLostSoul 167]

You are not the safest now since you are just getting married as you got to know you have ICE looking for ya. It simply indicates to USCIS/Immigration that you're getting married just to avoid deportation. Nonetheless, I can suggest you nothing better but go get married, file for AOS and do a lot of praying that you'll be safe. It doesn't matter whether you committed crime or not, F1 students are the easiest to go after! Simply because they are more strictly monitored due to school. The school the student is in (whether small or big) have to ensure that their international student is registered full time. As soon as the student is not registered and there's no permit to stay out of school for shorter than 6 months, simply their SEVIS record gets terminated and that is up from that time for ICE to decide when to go after that person. A tourist is only checked at entrance after that they can get swallowed up in the crowd. An F1 student is check on a semester/quarter basis! I wish you the best buddy, but be prepared you might going to have a very hard time!

All the best!