Scared... need help!

[Gorkhali 214]

we are from Boulder (boulder bubble) and we had a immigration lawyer. Auroro ain't super far from Boulder. If you want, I can share the lawyer info. 

 

Good luck my friend 

[mindthegap 2,590]

34 minutes ago, atsleumas said:

Thank you.  Do you think our filing one now even though the hearing is in December will be too  late?  Also, since it was a municipal charge- will it even show up on the criminal check?  He's since gotten a new job and passed background checks.  

Read the link I gave you earlier.

You can file an I-751 at any time, even once court proceedings have commenced, right up until a final order of removal is made. However, once a final order of removal is made, you cannot file an I-751 as they are no longer a LPR.

The judge will 'stay' court proceedings, pending expedited adjudication of any pending I-751 petitions. Get it filed sooner rather than later.

 

 

As for the whether it shows up, it is irrelevant - the question is clear regarding have you been arrested/charged etc, and it must be answered truthfully.

 

Edited October 26, 2017 by mindthegap

[atsleumas 3]

18 minutes ago, mindthegap said:

Read the link I gave you earlier.

You can file an I-751 at any time, even once court proceedings have commenced, right up until a final order of removal is made. However, once a final order of removal is made, you cannot file an I-751 as they are no longer a LPR.

The judge will 'stay' court proceedings, pending expedited adjudication of any pending I-751 petitions. Get it filed sooner rather than later.

 

 

As for the whether it shows up, it is irrelevant - the question is clear regarding have you been arrested/charged etc, and it must be answered truthfully.

 

ah ha!!!! Ok.  Thank you!!!!!

[sparkles_ 456]

You can PM me for removal advice, see my signature as to why. Overall, I would not be worried over court itself, the backing up of the court dates is just a part of how things happen, sadly.

 

Arrested and charged, or just arrested? I didn't read other replies so my apologies, but that makes a difference. You need to opt to file ROC in front of a just at a hearing, rather than be remanded to USCIS in my opinion. Yes, you can do this, the judge can grant ROC and can grant AOS.....we were going to AOS in front of the judge if things lasted past 3yr with my husband's removal but they didn't. In fact, you CAN NOT file the i751 as long as he is pending removal, you will get a rude surprise of USCIS rejecting your file and loosing your fee til the case is terminated.  

 

 

Are you going to his court dates with him? There is a pro-bono assistance office outside every federal immigration courtroom, but to see it you have to be going into the court with him for moral support. 

 

 

Also, if he was ordered removed, you can always opt for a motion to reopen and terminate.....it isn't the end all, be all, just an expensive hurdle. Many lawyers who deal with removals let you make payments because it is not cheap. I believe we paid close to 10k over almost 2yr and that was considered an excellent price

Edited October 26, 2017 by sparkles_

[mindthegap 2,590]

13 minutes ago, sparkles_ said:

In fact, you CAN NOT file the i751 as long as he is pending removal, you will get a rude surprise of USCIS rejecting your file and loosing your fee til the case is terminated.  

This is incorrect.

Same link I posted earlier: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static Files Memoranda/Adjudication of Form I-751100909.pdf

[Amit&Julie 180]

I'm also in the Denver area and can provide a recommendation for an immigration law firm with an office downtown. Just PM me. They do free consultations also and give you an idea of what it might cost. 

[sparkles_ 456]

50 minutes ago, mindthegap said:

This is incorrect.

Same link I posted earlier: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static Files Memoranda/Adjudication of Form I-751100909.pdf

Thanks for the correction and info, perhaps it is only actual AOS that can't be filed during removal 

 

[Pinkrlion 2,723]

Ummm you can refile I-751, and will receive a new extension letter regardless.  He is not an illegal immigrant, his status can only be taken away by a judge.  Once you receive new NOA1, he is no longer in proceedings.  You will still need a lawyer.

 

[javadown2 308]

8 hours ago, atsleumas said:

Thank you very much for your post.  When the "wrong" filing got denied back in 2013 - we were told by an attorney that it would be a waste of time filing a joint I-751 since it was already in the court system.  THEN when he had the hearing in March - judge said to file the new 1-751 form and then moved the hearing to next month.  As we were preparing the form, that is when the question came up about the criminal history and we just froze- like what do we do now!    Now I am just freaking out about the DV and if its "moral turpitude"  he is a great man, great father- it was a stupid fight and now it may cost us everything.   

Why did you wait until now to file the I-751? Sounds like your not that serious about it, and there are some holes in your story now. The judge will see that you didn't follow his directions so you don't seem to serious about it to him. 

[Nitas_man 3,100]

9 hours ago, atsleumas said:

Thank you.  Do you think our filing one now even though the hearing is in December will be too  late?  Also, since it was a municipal charge- will it even show up on the criminal check?  He's since gotten a new job and passed background checks.  

Tell the truth and file ASAP.  Bring the filing receipt to the hearing and let the rest of it stand or fall on the merits of the case. 

[elladan33 9]

If he was actually convicted of a crime, he may also need to file Form I-601 in front of the judge, Application For Grounds of Inadmissibility, I think.

 

http://media.law.miami.edu/clinics/pdf/2013/immigration-section-212h-waiver.pdf

 

 

 

[atsleumas 3]

Thanks everyone!  I really appreciate your comments and advice.

[atsleumas 3]

12 hours ago, javadown2 said:

Why did you wait until now to file the I-751? Sounds like your not that serious about it, and there are some holes in your story now. The judge will see that you didn't follow his directions so you don't seem to serious about it to him. 

We waited so long because of conflicting information we received and were afraid that if we filed a new one right away that it would get denied because we were already in removal proceedings.   The procrastination was stupid - and I am not going to sugar coat the fact that we waited as long as we did.  My husband has a tendency to not want to face things and his pride has prevented a more progressive stance in a lot of ways.  I think he feels upset that he is being treated like a criminal- but entered this country legally, has worked since he stepped foot on US soil, pays taxes and yet thousands of illegals who cannot even speak English get treated like they are a protected class.  At one point he even said that it's like the USA wants him to be fearful of going home, to the country he loves and he would not be upset to go home to his family and life there at all.  He is college educated and not some boy on the beach.  That being said, we have a son here and a life and that makes him rethink that position.  

 

I wish we could have just gotten a lawyer and really wish that at the interview we had in 2013 when I was 8 mos pregnant - we would have gotten a better field officer who would have changed our filing to a joint removal since we had evidence and proof of a genuine marriage.  Since that time, he has had to get stamps in his passport allowing him to work and each time the officer we deal with says we really got a bad deal and that the officer could have made the change but just didn't feel like being nice that particular day.

 

Not serious about it? Why would you say such a thing?  How unkind of you.

Edited October 27, 2017 by atsleumas

[atsleumas 3]

19 hours ago, Gorkhali said:

we are from Boulder (boulder bubble) and we had a immigration lawyer. Auroro ain't super far from Boulder. If you want, I can share the lawyer info. 

 

Good luck my friend 

Yes please!  Thank you.  We love Boulder.

17 hours ago, Amit&Julie said:

I'm also in the Denver area and can provide a recommendation for an immigration law firm with an office downtown. Just PM me. They do free consultations also and give you an idea of what it might cost. 

Thank you!

[mindthegap 2,590]

40 minutes ago, atsleumas said:

Not serious about it? Why would you say such a thing?  How unkind of you.

Well...I can kind of see their point.

I mean, you are talking about four or five years or so here. Whether that is down to poor legal advice, procrastination or whatever, is largely irrelevant - the point is it is still going on and has yet to be fully resolved.

 

 

When I received my denial, I had couriered off a new I-751 within 72hrs - and if it wasn't for it being a holiday weekend, it probably would have been within 24hrs.

By doing that, I immediately protected myself in several respects, and got ahead of other potential actions - like an NTA (notice to appear) which may have dropped in the mailbox had I not done anything about it for a few weeks or months.

 

Thankfully in some aspects the immigration and legal process works slowly, but also affords you rights and some protections while the process continues, and as I said before, the judge appears to have given you some free advice and a lifeline. 

 

The main thing is that you are doing something about it now, so look forwards not backwards. There are plenty of us on here with real world experience of this stuff, who are willing to give advice if you need it, and I think most on here will have experienced a significant amount of stress and anxiety caused by USCIS for various reasons.

Edited October 27, 2017 by mindthegap