Removal Proceedings(merged)

[greatking 0]

1 hour ago, USS_Voyager said:

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?

I have the death certificate of my daughter. I left my 2 kids with my brother but my brother's home was attacked in November and unfortunately, my daughter died in the attack but my son and brother escaped hurt.

[greatking 0]

12 hours ago, Roel said:

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. 

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.

[geowrian 22,337]

Might want to look for a different lawyer if you aren't happy with the one you have now and they are making decisions without your consent.

[USS_Voyager 1,972]

6 minutes ago, greatking2ng said:

My attorney, without my consent responded to the judge that I don't have any fear or persecution and also designate my home country

Uhm get another attorney ASAP. The attorney can’t act without your consent. That’s a big no-no. Based on that, you may be able to back track on the earlier statement. 

[greatking 0]

3 minutes ago, geowrian said:

Might want to look for a different lawyer if you aren't happy with the one you have now and they are making decisions without your consent.

I would have loved to get a new attorney but I already paid this attorney 80% of his fees. He charged me $9150 of which I have already paid $7050. I'm just so much in a dilemma right now

3 minutes ago, USS_Voyager said:

Uhm get another attorney ASAP. The attorney can’t act without your consent. That’s a big no-no. Based on that, you may be able to back track on the earlier statement. 

I would have loved to get a new attorney but I already paid this attorney 80% of his fees. He charged me $9150 of which I have already paid $7050. I'm just so much in a dilemma right now

[NigeriaorBust 4,087]

  If you are sent home why could you not move to a city that isn't on the border of such religious fighting ?    I am thinking you are Nigerian ( the ng at the end of your handle )   and you live where the 2 religions are all about eliminating each other. 

[SusieQQQ 11,586]

17 minutes ago, greatking2ng said:

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.

Your pending i130 is based on marriage to a LPR. You need to be in status to adjust for that, which you weren’t. So that is not relevant, you would need to exit the US to continue processing that anyway.

[Cyberfx1024 7,980]

22 minutes ago, SusieQQQ said:

Your pending i130 is based on marriage to a LPR. You need to be in status to adjust for that, which you weren’t. So that is not relevant, you would need to exit the US to continue processing that anyway.

Exactly what I was going to write as well. The OP has a pending I130 to a LPR where they CAN NOT just stay here in the USA and AOS.

 

It would be completely different if the OP had waited the 2 years outside came here and then adjusted status. 

39 minutes ago, greatking2ng said:

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.

Your spouse is a LPR not a USC so you have no means to AOS here in the USA. 

[Cyberfx1024 7,980]

43 minutes ago, greatking2ng said:

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.

So why didn't you speak up during that court date and say that? 

[SusieQQQ 11,586]

3 minutes ago, Cyberfx1024 said:

Exactly what I was going to write as well. The OP has a pending I130 to a LPR where they CAN NOT just stay here in the USA and AOS.

 

It would be completely different if the OP had waited the 2 years outside came here and then adjusted status. 

Your spouse is a LPR not a USC so you have no means to AOS here in the USA. 

And OP probably has a 10-year ban due to the overstay thus far if he leaves? 

 

 

[Cyberfx1024 7,980]

3 minutes ago, SusieQQQ said:

And OP probably has a 10-year ban due to the overstay thus far if he leaves? 

I don't know if that was a question or not but you are correct. That is why this reeks of desperation 

[Talako 785]

16 hours ago, greatking said:

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.

1 hour ago, greatking said:

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 always helps to keep your story straight. 

 

This whole story reeks of a scammer.  Enjoy your flight back home.

 

 

[Henky 0]

17 hours ago, greatking said:

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?.

Where are you from?

[Lucky2Lucky 2,526]

18 hours ago, greatking said:

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?.

In another post you stated you have the death certificate of your daughter..did she die due to religious persecution? You’d have to make a connection if these are what you believe your reason for applying for asylum. I do hope that those who read this post realize how stupid and selfish it is to drink and drive regardless of immigration status (and stupider when not having legal status!!)

Edited March 13, 2019 by Luckycuds

[Boiler 45,486]

If I was paying big bucks for a Lawyer I would want them there.

 

I can think of a number of things to mention about this case but I have a feeling there is a lot more than we have been told so far, so I will stick to the comment that Asylum is something that you claim on entry or shortly thereafter, the well I tried everything else so lets have a go at this approach may well end in tears.

 

I can not help think about the Tourist Visa thread recently where the leaving a child behind will get me a visa trope came up.