Chances of being deported after going to immigration court??

[PonJor 69]

Hello everyone! I'm asking this question for a friend and would appreciate all advice!

Background info:

Over the years Friend has accrued over 10 tickets for driving without a license and other traffic related things. But never a DUI or accident (Friend is undocumented but married to USC and in visa process with I-130 and I-1601A approved). Friend was arrested and detained by ICE a couple of months ago but was able to bond out. Friend is now concerned with regards to returning to immigration court and being deported. Friend says she has not received a date to return. Friend states she has spoken with a few lawyers who have said it is guaranteed that she won't be deported and she should just miss the appointment in court when it does arrive. (I am a strong believer that nothing in the immigration process is a guarantee).  Friend is working to get all of his traffic issues resolved now, before he is summoned to court.

Regarding ties to community, Friend has his own business in the community and support's wife's minor son who lives with them. Friend also has a son with another USC.

Friend's marriage seems rocky with USC wife and there have been times when he has cheated and lied to her, but more worryingly he has stated he will leave once she gets a green card. However, she is always quick to follow statements like this by exclaiming he was joking (Who jokes about that???). These statements have been said in mixed company and her wife,while appearing embarrassed, just kind of rolls with it. Friend is also very nervous and is afraid to go to her visa interview (they have yet to start NVC process) for fear she won't return.

 

Does anyone know the full process of immigration court after you''re summoned and if it is possible to predict one's chances of getting deported if they go to immigration court? I feel like Friend is more worried about attending court, because of the leaving my wife after I get legal status "jokes" than the traffic ticket issue.

 

Thanks in advance and apologies if this is in the wrong section!

[Hypnos 6,576]

1 hour ago, PonJor said:

Friend states she has spoken with a few lawyers who have said it is guaranteed that she won't be deported and she should just miss the appointment in court when it does arrive.

He should avoid those lawyers like the Trump plague. As you say, nothing is guaranteed, and advising to skip court appearances is foolish--especially in the current political climate. He should obtain more competent counsel from better lawyers than he's seen so far.

 

"Joking" about using your spouse for a green card is also foolhardy, particularly where others can hear you.

Edited June 10, 2017 by Hypnos

[Unlockable 7,314]

Google "bench warrant".

 

If a court appearance is missed without adequate notification or permission can generate a bench warrant. That is a warrant for a person's arrest.

 

If would be pure idioticness (is that is a word?) for your friend to miss court appearances. Especially with having a history of infractions.

 

Tell your friend to go to court and by all means clear up the ticket mess. With 10 tickets she is looking highly irresponsible. As an undocumented immigrant he should be trying his hardest to keep her nose clean. By getting numerous tickets for the same thing and skipping out of court will look like she has no respect for rules or the law.

[PonJor 69]

42 minutes ago, NuestraUnion said:

Google "bench warrant".

 

If a court appearance is missed without adequate notification or permission can generate a bench warrant. That is a warrant for a person's arrest.

 

If would be pure idioticness (is that is a word?) for your friend to miss court appearances. Especially with having a history of infractions.

 

Tell your friend to go to court and by all means clear up the ticket mess. With 10 tickets she is looking highly irresponsible. As an undocumented immigrant he should be trying his hardest to keep her nose clean. By getting numerous tickets for the same thing and skipping out of court will look like she has no respect for rules or the law.

Right, I completely agree. With 10 tickets already and then possibly skipping out on court it does not look good at all.

[sparkles_ 456]

Only a fool misses a date in immigration court. Been there, done that, see my signature, my husband was sent to deportation court and he now has his GC....and YESSSSSS to the bench warrant issue, work on that like yesterday. Your friend should instead handle the tickets, check the EOIR 800# using his A number, and wait for an NTA in the mail to tell the actual date of court. It can take over 6mo to get this, it did for us. Get a traffic lawyer to fix the tickets IMO.

 

Go to court with the proof that the tickets are handled, proof of the 130/601a, tell them she needs more time to get a lawyer for the USCIS form portion, and the judge will most likely reschedule for 6mo-1yr later. Or if you have a lawyer by then, get a lawyer who specializes in removal proceedings. Not all immigration lawyers deal with removal termination.

 

I can't believe any lawyer would tell a person this. Your friend could be ordered deported in absentia if they don't show up and that is so bad. There is also a pro bono help office inside every immigration court just outside the main court rooms, they speak Spanish as well. You can always PM me for in depth details.

 

The big issue is undocumented, in what sense? Overstayed a visa a long time ago (if so, you do not need a 601a typically), or entry without any visa? This will have a lot to do with determining the best advice to give you. I also sat in the court both times for moral support, and both times I never saw anyone taken away or even ordered removed but one, everyone was getting pended to be back in 6mo, so yea, one out of about 40.

Edited June 12, 2017 by sparkles_

[PonJor 69]

18 hours ago, sparkles_ said:

Only a fool misses a date in immigration court. Been there, done that, see my signature, my husband was sent to deportation court and he now has his GC....and YESSSSSS to the bench warrant issue, work on that like yesterday. Your friend should instead handle the tickets, check the EOIR 800# using his A number, and wait for an NTA in the mail to tell the actual date of court. It can take over 6mo to get this, it did for us. Get a traffic lawyer to fix the tickets IMO.

 

Go to court with the proof that the tickets are handled, proof of the 130/601a, tell them she needs more time to get a lawyer for the USCIS form portion, and the judge will most likely reschedule for 6mo-1yr later. Or if you have a lawyer by then, get a lawyer who specializes in removal proceedings. Not all immigration lawyers deal with removal termination.

 

I can't believe any lawyer would tell a person this. Your friend could be ordered deported in absentia if they don't show up and that is so bad. There is also a pro bono help office inside every immigration court just outside the main court rooms, they speak Spanish as well. You can always PM me for in depth details.

 

The big issue is undocumented, in what sense? Overstayed a visa a long time ago (if so, you do not need a 601a typically), or entry without any visa? This will have a lot to do with determining the best advice to give you. I also sat in the court both times for moral support, and both times I never saw anyone taken away or even ordered removed but one, everyone was getting pended to be back in 6mo, so yea, one out of about 40.

Thank you so much for the detailed response. Undocumented in the sense of EWI. Friend never had a visa. Yeah, I'm not sure why a lawyer would ever recommend not showing up to a court date. I will PM you, thanks

[Harmonia 211]

I'm confused. Is Friend male or female? You said he and she various times. Then you said Friend's wife. That could be Friend is in a same sex marriage, but its all over the place.

 

So Friend had a 601A approved and was awaiting the interview in his/her home consulate? The 601A isn't valid if you have a pending deportation case. It sucks that this happened at this stage, but Friend absolutely shouldn't miss the immigration court date. Friend will be ordered deported in absentia if they simply don't show up.

 

Do consults with several other attorneys.

 

There isn't pro bono legal aid/advice outside of every immigration court by any stretch. That particular Court may have a lawyer of the day program. 

[EmilyW 1,443]

Can you even adjust status if you have entered without inspection?

[Harmonia 211]

11 minutes ago, EmilyW said:

Can you even adjust status if you have entered without inspection?

No, you can't. You have to do a 601/601A waiver, which the OP said Friend procured. 

[geowrian 22,337]

3 minutes ago, EmilyW said:

Can you even adjust status if you have entered without inspection?

No. You have to interview at the embassy/consulate abroad. That's what the I-601A waiver is for (the bar on exit).

Edited June 13, 2017 by geowrian

[EmilyW 1,443]

This is why I should always put my brain into gear before taking my mouth on the road.

[PonJor 69]

43 minutes ago, Harmonia said:

I'm confused. Is Friend male or female? You said he and she various times. Then you said Friend's wife. That could be Friend is in a same sex marriage, but its all over the place.

 

So Friend had a 601A approved and was awaiting the interview in his/her home consulate? The 601A isn't valid if you have a pending deportation case. It sucks that this happened at this stage, but Friend absolutely shouldn't miss the immigration court date. Friend will be ordered deported in absentia if they simply don't show up.

 

Do consults with several other attorneys.

 

There isn't pro bono legal aid/advice outside of every immigration court by any stretch. That particular Court may have a lawyer of the day program. 

Friend is female. I don't know why I made so many typos with that :S

 

As for the awaiting the interview in her home consulate, she has yet to begin the NVC process. It is my understanding that NVC is now taking 11 weeks to review cases. However, after all of this is resolved, she will moving forward with NVC. I agree, it sucks it happened at this stage and being so close to being done.

 

So, even though the 601A has been approved, its no longer valid because of the case. Will she need to file another waiver to get the 601A valid again or will it automatically become valid after the case is dismissed?

 

Also, regardless of her defense she would bring to court, if she does not show she can still be ordered deported in absentia, correct?

[sparkles_ 456]

You can adjust from EWI, if the person has DACA and applies for advance parole, leaves and comes back even just for a few days.....this counts as inspection. But not everyone has this combo open to them.

Edited June 14, 2017 by sparkles_

[sparkles_ 456]

6 hours ago, PonJor said:

Friend is female. I don't know why I made so many typos with that :S

 

As for the awaiting the interview in her home consulate, she has yet to begin the NVC process. It is my understanding that NVC is now taking 11 weeks to review cases. However, after all of this is resolved, she will moving forward with NVC. I agree, it sucks it happened at this stage and being so close to being done.

 

So, even though the 601A has been approved, its no longer valid because of the case. Will she need to file another waiver to get the 601A valid again or will it automatically become valid after the case is dismissed?

 

Also, regardless of her defense she would bring to court, if she does not show she can still be ordered deported in absentia, correct?

In this case, it is the worst thing to do in not showing up. Immigration judges are not as cruel as many think, they will usually pend a person til they retain a lawyer....but they will also sign a person's absentia order of removal if they dont show for sure. 

[geowrian 22,337]

4 minutes ago, sparkles_ said:

You can adjust from EWI, if the person has DACA and applies for advance parole, leaves and comes back even just for a few days.....this counts as inspection. But not everyone has this combo open to them.

True, but then it's not really adjusting from EWI anymore (and you cannot do that for the purpose of submitting AOS).