Questions about unlawful presence and 10 years bar

[Allaboutwaiting 2,503]

17 minutes ago, MertUS said:

I had a relief actually AOS self petition I could apply for that but the problem I had to wait in the jail until it was resolved and my lawyer said it’s gonna takes over one year! So it’s not easy to wait in jail for 1 more year and it wasn’t even certain they will accept. So that’s why I don’t want to apply. If they release me with bail. I could apply self petition AOS. I had all proof for bonafide marriage. House rent lease, sharing bank account with my wife and more.

Charge was overstay visa and I didn’t apply AOS yes Immigration judge.

On a somewhat recent case, a person was released on bond after 5 weeks of detention and allowed to file for AOS by the immigration judge. 

 

Your main issue was the time elapsed since marriage and the state of the marriage at time of detention. Those circumstances would very possibly make the judge decide against you adjusting.

[JeanneAdil 6,509]

you have received several immigration sites to follow up on your issues 

you need to research and follow the rules for a new visa

read over carefully what geowrian said as that is experience here on VJ talking

 

and you do need that NTA you say there wasn't one but a notice to appear before an immigration judge was issued (or is in your file)  or you would not have gone before one

you need to get these court documents ASAP and understand the process 

If no NTA as they were suppose to produce in 72 hours ,  get a letter from the proper authority saying one was not issued to avoid a problem later

 

and start reading from all the USCIS sites you have been given

[MertUS 2]

3 minutes ago, JeanneAdil said:

you have received several immigration sites to follow up on your issues 

you need to research and follow the rules for a new visa

read over carefully what geowrian said as that is experience here on VJ talking

 

and you do need that NTA you say there wasn't one but a notice to appear before an immigration judge was issued (or is in your file)  or you would not have gone before one

you need to get these court documents ASAP and understand the process 

If no NTA as they were suppose to produce in 72 hours ,  get a letter from the proper authority saying one was not issued to avoid a problem later

 

and start reading from all the USCIS sites you have been given

Can I get all court documents from outside of us ? And how can I get I don’t have a lawyer anymore?

[JeanneAdil 6,509]

Just now, MertUS said:

Can I get all court documents from outside of us ? And how can I get I don’t have a lawyer anymore?

check the court site where you were arrested and pay the fee

as far as immigration part  ,  they should have provided you with documents 

[MertUS 2]

6 minutes ago, JeanneAdil said:

check the court site where you were arrested and pay the fee

as far as immigration part  ,  they should have provided you with documents 

Okay will do thank you.

[Punisher 40]

On 7/4/2020 at 1:21 PM, MertUS said:

because there was no relief for me i ask for Voluntary Departure option and IJ granted me and i left the country under safe guards on July 2020.

I don't have time to go through entire thread but just FYI:
 

If you were granted Voluntary Departure and left withing time specified on the IG order then you are not facing 10 year ban due to Removal order that you would be given otherwise.

 

keep in mind though, it is just related to Removal proceedings. This that not relate to any possible other bans i.e. for ovestays.

 

normally after leaving US on VD you go to the consulate to get the paperwork signed there and entered in the system, so that it proves you complied with IJ order given.

[Punisher 40]

On 7/5/2020 at 9:27 PM, MertUS said:

I had a relief actually AOS self petition I could apply for that but the problem I had to wait in the jail until it was resolved and my lawyer said it’s gonna takes over one year! So it’s not easy to wait in jail for 1 more year and it wasn’t even certain they will accept. So that’s why I don’t want to apply. If they release me with bail. I could apply self petition AOS. I had all proof for bonafide marriage. House rent lease, sharing bank account with my wife and more.

Charge was overstay visa and I didn’t apply AOS yes Immigration judge.

Since you already left it is irrelevant however it begs a question how good of a lawyer was that. Unfortunatelly there are tons of lawyers in US claiming they practice "immigration law" among others, but the sad truth is that they are not familiar with the details and nuances of immigration law. What you needed was a immigration lawyer exoerienced with removal proceedings and Immigration Court in general.

 

I'm not a lawyer, but it is strange that your lawyer coun't get you a bail given your situation. Second option would be to file AOS asap with USCIS and with that your lawyer during next hearing could claim you have a pending AOS and Judge would likely release you and reset master hearing for a later date to hear how that AOS resolved.

 

Again, it all comes down to how skilled/experienced your lawyer is. It will be shocking to some (and I hate what I'm about to say) but there are some lawyers that are very "tight" with both USCIS and IJ and could get you out from immigration trouble even in cases that obviously reek fraud from a mile away. It's disgracefull, I know, but it is what it is.

 

BTW From what I understand you were in ICE detention (regardless of the facility used for that purpose) so don't say you were in "jail" as this is for criminal arrests or convictions (up to a year). 
 

Regarding NTA, it is a basic charging document, no Imm. Court proceedings can start without one being properly served and filed with Court.

[MertUS 2]

2 hours ago, Punisher said:

Since you already left it is irrelevant however it begs a question how good of a lawyer was that. Unfortunatelly there are tons of lawyers in US claiming they practice "immigration law" among others, but the sad truth is that they are not familiar with the details and nuances of immigration law. What you needed was a immigration lawyer exoerienced with removal proceedings and Immigration Court in general.

 

I'm not a lawyer, but it is strange that your lawyer coun't get you a bail given your situation. Second option would be to file AOS asap with USCIS and with that your lawyer during next hearing could claim you have a pending AOS and Judge would likely release you and reset master hearing for a later date to hear how that AOS resolved.

 

Again, it all comes down to how skilled/experienced your lawyer is. It will be shocking to some (and I hate what I'm about to say) but there are some lawyers that are very "tight" with both USCIS and IJ and could get you out from immigration trouble even in cases that obviously reek fraud from a mile away. It's disgracefull, I know, but it is what it is.

 

BTW From what I understand you were in ICE detention (regardless of the facility used for that purpose) so don't say you were in "jail" as this is for criminal arrests or convictions (up to a year). 
 

Regarding NTA, it is a basic charging document, no Imm. Court proceedings can start without one being properly served and filed with Court.

Yes you are absolutely right. And unfortunately my lawyer wasn’t a good lawyer and I realized too late. He didn’t even make a good defense on bail hearing. And I saw a lot of people get released with bond and they were entry they US illegally and has pending criminal charges. That’s unbelievable because on some paper ICE gave us it was saying if you come us legally bond is a rights. How they gave bond someone who crossed the border it’s crazy. 

[MertUS 2]

In this form they basically saying I have 10 years bar for some forms but the Asylum isn’t there that means I can Apply for Asylum even if I have 10 years bar?

 

Edited July 9, 2020 by MertUS

[milimelo 4,481]

Why in the world would you think claiming asylum would help you get back to the US? 

[Henry357 70]

You could fly on your T&C passport (there is a non ESTA visa waver I think) to the US and claim asylum at a POE  They will likely put you in detention while you await your case. 
 

You might be able to adjust once your paroled into the US; you would need to talk to a lawyer.  Seems crazy to me unless you are really afraid of your life or escaping extreme poverty.  

[SalishSea 17,832]

On 7/9/2020 at 7:22 AM, Henry357 said:

You could fly on your T&C passport (there is a non ESTA visa waver I think) to the US and claim asylum at a POE  They will likely put you in detention while you await your case. 
 

You might be able to adjust once your paroled into the US; you would need to talk to a lawyer.  Seems crazy to me unless you are really afraid of your life or escaping extreme poverty.  

Turks and Caicos is not a VWP country.

 

"Escaping extreme poverty" is not a basis for an asylum claim.  Asylum claims are related to persecution.

Edited July 12, 2020 by Jorgedig

[SalishSea 17,832]

On 7/9/2020 at 5:50 AM, MertUS said:

In this form they basically saying I have 10 years bar for some forms but the Asylum isn’t there that means I can Apply for Asylum even if I have 10 years bar?

Desperate to get to the US much?

 

No wonder there are plans to significantly crack down on asylum claims.   This frivolous type of BS only serves to hurt others who have legitimate reasons to claim asylum.