Removal Proceedings(merged)

[greatking 0]

I came to the United States on a B2 Visa in 2016 and I'm currently out of status. I got married to a LPR (Green Card Holder) 6 weeks after I arrived the US and i filed form I-130 in March 2017. My form I-130 application is still pending. I was arrested for a DUI in December 2018. The Phoenix police that arrested me transferred me over to ICE on December 16. ICE transferred me from the Phoenix detention center to their Texas detention Center. I applied for a bond hearing and was giving a bond of $10,000 by the Immigration Judge. I was never informed there was going to be the Master hearing and the bond hearing together on same day. The master hearing was done before the bond hearing and during the master hearing, the judge asked if I have any fear of going back to my country which i answered NO. The judge also asked me to designate a country of deportation and i designated my country. I told the judge I have relief available to me and he gave me 30 days to file the relief. After the master hearing, the judge had the bond hearing and gave me a $10,000 bond. I'm currently out on bond and applied for the case moved down to Phoenix. Now I have a court case coming up in April, is it possible to tell the Immigration Judge i wish to change my pleadings?. I'm planning to file for asylum based on my fear of persecution on religious grounds. My question is will the Immigration Judge allow me to change my pleadings and file for asylum?.

[millefleur 5,046]

**Duplicate thread on the same topic removed; please do not post the same topic in multiple forms. Please keep all posts related to this matter to this thread.**

VJ  Moderation

[greatking 0]

I came to the United States on a B2 Visa in 2016 and I'm currently out of status. I got married to a LPR (Green Card Holder) 6 weeks after I arrived the US and i filed form I-130 in March 2017. My form I-130 application is still pending. I was arrested for a DUI in December 2018. The Phoenix police that arrested me transferred me over to ICE on December 16. ICE transferred me from the Phoenix detention center to their Texas detention Center. I applied for a bond hearing and was giving a bond of $10,000 by the Immigration Judge. I was never informed there was going to be the Master hearing and the bond hearing together on same day. The master hearing was done before the bond hearing and during the master hearing, the judge asked if I have any fear of going back to my country which i answered NO. The judge also asked me to designate a country of deportation and i designated my country. I told the judge I have relief available to me and he gave me 30 days to file the relief. After the master hearing, the judge had the bond hearing and gave me a $10,000 bond. I'm currently out on bond and applied for the case moved down to Phoenix. Now I have a court case coming up in April, is it possible to tell the Immigration Judge i wish to change my pleadings?. I'm planning to file for asylum based on my fear of persecution on religious grounds. My question is will the Immigration Judge allow me to change my pleadings and file for asylum?.

[geowrian 22,337]

This is very not DIY - seek a qualified immigration attorney that deals with removal proceedings and asylum claims.

 

Can one request a change? Yes. Will the judge accept it? Maybe. Is it going to be even more difficult? Probably.

Get proper representation ASAP.

[greatking 0]

2 minutes ago, geowrian said:

This is very not DIY - seek a qualified immigration attorney that deals with removal proceedings and asylum claims.

 

Can one request a change? Yes. Will the judge accept it? Maybe. Is it going to be even more difficult? Probably.

Get proper representation ASAP.

Thank you for the response, Yes, I do have an attorney but he's not sure if we can change the pleadings or if the judge or the DHS attorney will accept the change. My attorney protested to the other Judge on the hearing day that we were not informed about the master hearing and so we were not prepared for that but the immigration judge insisted to continue with the case anyway, so my lawyer designated the country of deportation and also said I had no fear of returning without hearing from me first.

[SalishSea 17,828]

On what basis?  You can't just file for asylum because you don't want to go home.  You came to America and broke the law.  There are consequences for that.

[greatking 0]

2 minutes ago, Jorgedig said:

On what basis?  You can't just file for asylum because you don't want to go home.  You came to America and broke the law.  There are consequences for that.

Not because I don't want to go home, you should read my post to see the reason i'm filing for asylum

[Ontarkie 14,221]

~~Duplicate thread with replies merged to this one thread. Do not start more than one thread for this or any related questions.~~

[SusieQQQ 11,586]

2 hours ago, greatking2ng said:

Not because I don't want to go home, you should read my post to see the reason i'm filing for asylum

I suspect you will need to be very convincing to explain why you weren’t afraid to return home a couple of months ago but you are now. 

 

 

[Roel 7,192]

Yeah you need an awesome lawyer. But I wouldn't hold your breath. Right now you're just desperate and the judges will see that. Face the consequences of breaking immigration law. 

[Dashinka 24,493]

11 hours ago, greatking2ng said:

Not because I don't want to go home, you should read my post to see the reason i'm filing for asylum

You said you may be persecuted for religious reasons.  I guess you would need rock solid evidence, if you have a new hearing, that this would be the case.

[Ben&Zian 4,398]

Trying to change original plea will not be easy, and have to be convincing... most judges probably will see right through it as something made up to get asylum now that you realize you'll actually be deported. It's called a desperation technique used by a lot. No offense, but it would be different had you originally claimed fear of persecution, but you even said they asked if you feared going home, and you said "No"... doesn't matter what type of hearing it was, you answered it and now are trying desperately to change it... Deal with the consequences of decisions made, don't backlog this countries court system over possibly frivolous claims like so many others. 

[USS_Voyager 1,972]

13 hours ago, greatking2ng said:

I'm planning to file for asylum based on my fear of persecution on religious grounds

What evidence do you have about the persecution on religious grounds? It has to be actual documented evidence, not just you saying “I’m afraid”. And why weren’t you afraid two months ago? What changed?

[Cyberfx1024 7,980]

13 hours ago, greatking2ng said:

Not because I don't want to go home, you should read my post to see the reason i'm filing for asylum

Ok, what country is this? 

[greatking 0]

2 hours ago, Ben&Zian said:

Trying to change original plea will not be easy, and have to be convincing... most judges probably will see right through it as something made up to get asylum now that you realize you'll actually be deported. It's called a desperation technique used by a lot. No offense, but it would be different had you originally claimed fear of persecution, but you even said they asked if you feared going home, and you said "No"... doesn't matter what type of hearing it was, you answered it and now are trying desperately to change it... Deal with the consequences of decisions made, don't backlog this countries court system over possibly frivolous claims like so many others. 

This is not about desperation to stay in the United States. I have a pending I-130 as at the time I was arrested. I and my attorney were not informed that there was going to be a master hearing on the day I was arraigned before the immigration Judge. I was arrested in Phoenix and transferred to the Texas detention center. I was transferred to Texas before my lawyer could come interview me, so i never had a chance to talk to my lawyer about my case. My lawyer filed for a bond hearing and we were informed the bond hearing was going to hold on January 14, no one informed us that there was going to be a master hearing same day as the bond hearing. My attorney represented me over the phone and not in person, so when the judge informed us that it was a master hearing, my lawyer protested that we were not informed and so wasn't prepared for that but the judge insisted on continuing with the case anyways. My attorney, without my consent responded to the judge that I don't have any fear or persecution and also designate my home country for deportation. It was only after I got out that I went to the attorney's office to explain the true situation of things to him.