AOS gone wrong

[dezaman 1]

This does not apply to me, I am asking this for a friend.  If i  am posting in the wrong topic, than please move it to the correct forum.

 

Scenario:   A US citizen met and  married an out of status immigrant. He was here on a student visa but it expired in December of 2016.  They were married in March of this year and filed the necessary forms to adjust his status  at the end of May.   They sent in too much money and the application was rejected.  After the rejection, someone  (INS) showed up at their door asking questions about him and where he was  since he wasn't home at the time. Of course this frightened them once they got news of the situation and hired a lawyer and refiled the necessary paper work with the correct money amount. They were told the officers will come to their home again on Monday, but they are not sure if he will be detained when they come back on Monday or what could possibly happen if this occurs. If anyone has any information on a scenario, please let me know. 

[Georgia16 2,858]

Have they gotten NOA1 from the new petition?

[dezaman 1]

No they have not, It was just mailed on Saturday.

 

[sparkles_ 456]

Happened to us. But without the wrong fee issue, it just happened. 

 

Yes they will come back most likely if they were truly ICE homeland security police.First off, always ask to see someone's credentials. They most likely won't detain him, what happened with us was  the ICE agent asked my husband to come with him to the local ICE office to be fingerprinted and given an NTA, notice to appear in immigration court then let go. Agent knew we had already filed everything like a month before and basically said 'Sorry man, this is the pain the ### part of my job. Overstays come across my desk and I have to follow procedure even though you filed.' Sometimes I have heard they require a bond amount of about 1500$, sometimes they require the person to check in every 90 days, but it wasn't that way with us. Sounds scary and at the time it sure was, but looking back I can tell you that it will all be OK as long as they have re filed. Have the lawyer's info on hand, the guy should carry that in his wallet. I can say the entire office at ICE was very kind to us both, the director signed his NTA forms and we went home. Took about an hour. Then again, I am a firm believer that my husband and I gave the impression of a real and solid marriage to this agent....if we hadnt, it could have possible went different.

 

We also did NOT have the NOA1, but they will confirm with your lawyer on this and enter the lawyer's info into the system as well. Unless ICE cancels the NTA, then what happens is what is in my signature.. Rest assured my husband is now a GC holder, it was just a long journey. This is the second removal post on VJ this week, they must be really cracking down. 

 

You can PM me if you want in depth details.