Should we get a lawyer?

[HisGlory13 0]

This is for a friend. My friends husband is from Nigeria and he came on a K1 visa. He's been here for 2 years. My friend and her parents have signed the affidavit of support, but without letting my friend and her husband know, the parents pulled out from sponsoring and wrote a letter to immigration saying so. My friend and her husband  did not know until they got a letter in the mail today saying he is here illegal and will be deported. The letter says they have 30 days to appeal. They have friends who are willing to fill out the affidavit of support but they are so afraid. They already made an appt with uscis. But they are afraid they will take him, do you think that is possible? Its been a hard 2 years because he hasn't even been able to work and the pandemic slowed the process down too. They want to hire a lawyer but do not have the funds. So I came here to ask if any one has had a similar experience and is hiring a lawyer their online hope? TIA

[NancyNguyen 1,657]

He is in deportation proceeding now so he can't adjust status, he needs to have a lawyer. Try to find a local pro bono lawyer ASAP.

[HRQX 4,145]

45 minutes ago, HisGlory13 said:

My friend and her husband  did not know until they got a letter in the mail today saying he is here illegal and will be deported. The letter says they have 30 days to appeal.

What type of letter was it? Was it a NOID or a Decision (e.g. denial) notice? He can call EOIR automated system to check if removal proceedings have commenced: 1-800-898-7180

[SalishSea 17,988]

How come he wasn't able to work?  Why did he not seek a work permit?

 

I also don't understand how someone can 'withdraw' an affidavit of support they've signed.  That's not how that works.

[HRQX 4,145]

7 minutes ago, Jorgedig said:

I also don't understand how someone can 'withdraw' an affidavit of support they've signed.  That's not how that works.

USCIS can deny (or at least send RFE for) a pending I-485 if the joint sponsor sends a withdrawal letter to USCIS and the petitioner's affidavit of support is insufficient by itself.

 

After an I-485 is approved, then affidavits of support cannot be withdrawn.

Edited January 20, 2021 by HRQX

[SalishSea 17,988]

2 minutes ago, HRQX said:

USCIS can deny (or at least send RFE for) a pending I-485 if the joint sponsor sends a withdrawal letter to USCIS and the petitioner's affidavit of support is insufficient by itself.

 

After an I-485 is approved, then affidavits of support cannot be withdrawn.

Ah, okay.  So they withdrew it during that window of time.

[HRQX 4,145]

2 minutes ago, Jorgedig said:

Ah, okay.  So they withdrew it during that window of time.

I'm assuming OP is talking about I-485, but it'll be best if OP clarifies. 2 years seems a bit long for K-1 AOS, but not unheard of.

[HisGlory13 0]

From what I understand they have been asked on multiple occasions to turn in certain paperwork that they have already submitted. Its been a frustrating process the whole way. The mother withheld paperwork from them as well, which is why its at this point. So the letter she got a few days ago says "The evidence of record shows that when you filed, you were present in the US contrary to law." then goes on to say he was not authorized to remain in usa. if he intends to file a motion or appeal on this decision and fail to depart usa within 33 days. you may be issued a notice to appear and commence removal proceedings.

[pablo2752 106]

Find a lawyer that specializes in removal defense. 

[HisGlory13 0]

6 minutes ago, pablo2752 said:

Find a lawyer that specializes in removal defense. 

Can all this stem from just a revoked affidavit of support? I mean cant they just go to the appt and show them they have new sponsor and that fixes it?

Edited January 20, 2021 by HisGlory13

[pablo2752 106]

Yes. So from what I see, this was the step of the events that took. 

1. Friends' parents withdrew co-sponsorship.

2. Now that friend's income isn't enough for I-864 requirement, the couple has been asked to submit a new I-864 from co-sponsor. 

- Worse, they may have been flat out rejected but doesn't seem like a case. 

3. Your friend couple failed to produce a co-sponsor I-864 during AOS pending period, and USCIS denied the case. 

4. Your friend's husband is now an illegal alien, and USCIS has put him into a removal proceeding with 30 day to appeal. 

 

So yes, it definitely can lead from the revoked I-864. You say that your friend's mom withheld the paper, but IIRC, it is YOUR friend that should have received the paperwork (unless the parents and the couple live together and the parents hid the paperwork, which is heinous IMO), therefore the responsibility falls on your friend. 

 

Edited January 20, 2021 by pablo2752

[HisGlory13 0]

5 minutes ago, pablo2752 said:

Yes. So from what I see, this was the step of the events that took. 

1. Friends' parents withdrew co-sponsorship.

2. Now that friend's income isn't enough for I-864 requirement, the couple has been asked to submit a new I-864 from co-sponsor. 

 

Since they cant afford a lawyer I was trying to see if I could offer a glimmer of hope for them regarding this. if they bring in the paperwork that shows new sponsors would that reverse all this? She just mentioned they have to file an I 290B

 

Edited January 20, 2021 by HisGlory13

[pablo2752 106]

If they can't afford a lawyer, they must find a pro-bono lawyer that has experience in removal proceeding defense and I-290b (appeal). Tell your friends to not do this on her own because this has gone far beyond manageable DIY tasks. 

[HisGlory13 0]

1 hour ago, pablo2752 said:

Yes. So from what I see, this was the step of the events that took. 

1. Friends' parents withdrew co-sponsorship.

2. Now that friend's income isn't enough for I-864 requirement, the couple has been asked to submit a new I-864 from co-sponsor. 

- Worse, they may have been flat out rejected but doesn't seem like a case. 

3. Your friend couple failed to produce a co-sponsor I-864 during AOS pending period, and USCIS denied the case. 

4. Your friend's husband is now an illegal alien, and USCIS has put him into a removal proceeding with 30 day to appeal. 

 

So yes, it definitely can lead from the revoked I-864. You say that your friend's mom withheld the paper, but IIRC, it is YOUR friend that should have received the paperwork (unless the parents and the couple live together and the parents hid the paperwork, which is heinous IMO), therefore the responsibility falls on your friend. 

 

Yes they lived together and its just evil. 

 

[HisGlory13 0]

Just an update. they found a reasonable lawyer who will take payments. said they actually have 60 to appeal but if they do that they will appeal under the Trump administration and it will be 50/50 but if they refile and start fresh they will come in under the Biden administration. She also said immigration usually does sound intimidating and their choice of words usually intimating as well.