A visit from ICE at home....now going to court

[sparkles_ 456]

I'm starting this thread to help anyone who may be in a similar situation. There was a posted a while ago, uzzmat I think is the username, who posted about overstaying a student visa and getting not exactly an NTA but just a letter to go see a special ICE agent. We got one of those in December, the day after our marriage and before we filed any AOS. Hubs was in the process of moving from Florida to NC so the Orlando special agent said no worries, she would have the case transferred to nc. Fast forward to 10 days ago and we get a phone call from another special agent in nc....asking to come by our home. Panic was real and it was about 830am. This agent also informed me he was parked bedside my car in the lot.

Myself, husband and youngest son all had the flu at that time, and the agent stayed back from us and didnt enter the home. I wore a face mask to not spew virus his way, and after taking a look at the two of us he suggested we just come see him next week, on the 20th. Told us he had small kids and no desire to be sick in a polite manner and said hope you guys feel better. Informed us when we see him, my husband would be served an NTA and all the trappings. If he didnt show then it would be bad.

We went and spent 2hr at the federal court building with the homeland security investogation police, and the head of the department. We were the only ones there and everyone was weirdly nice...bringing us water, etc. They also passed the hand sanitizer many times each time I coughed, we were still pretty sick.

So hubs was printed and photographed and served his NTA. The agent explained that student overstay is a new target and once reported as not exiting, some cases are forwarded to the local criminal division of ICE even though its not criminal per se, it is their 'pain in the ### responsibility' as he said word for word. Apparently most people also don't show to be served, they just run. He was never detained at all during this process.

Lastly he gave us the marriage fraud spill, and said our meeting and marriage timeline looks suspicious which isn't something we can help, and left us with an NTA that says time to be determined. We are waiting for the real date to come via mail in a week or so.

For those wondering, hubs overstayed a q1 intern visa. We have a lawyer. Right now we are getting the i-130 documents together, will file it and wait til the first master calendar hearing. At this hearing the lawyer will ask for the case to be administratively closed based on his ability to adjust, the I-130 receipt and some other evidence so we can AOS outside court. If not then we just have to wait and interview for the I-130 and adjust and interview in the court for the 485 package as well.

Guys, if you overstayed any student or internship visa and get this weird notice that's not quite an NTA, please file your stuff if possible before seeing any agent. Had we filed and had proof, there would be no court mess, just a hi and bye. The notice came to his old address and we had little wiggle room for filing or retaining a lawyer...we went with the lawyer as a snap choice, but filing alone could have stopped this train wreck.

Admins, move this to whatever section is relevant. Ill be posting more updates as we go to this thread for those interested in battling an NTA and deportation.

[sparkles_ 456]

My apologies in advance for my grammar, too. I am using my phone at the moment

[Girl from Celebes 588]

Keep us posted.

[TBoneTX 45,267]

This thread probably fits better in the General Immigration Discussion forum, so it's moved there from the main AOS/Family-Based forum.

[Hypnos 6,576]

I'd be surprised if the immigration judge would be willing to terminate the removal proceedings solely on the basis of just filing the I-130. Now, once it's been approved, that's a different story.

Either way (as I'm sure you know) try to file the I-130 as soon as possible. Given how backlogged immigration courts are these days it might be several months, or perhaps over a year before you receive a master hearing. Unfortunately your husband is ineligible to file an I-485 until the immigration judge terminates the removal, but what's done is done.

Provided you can show a bona fide marriage (and the agent was right, your timeline does you no favours here) then hopefully things will work out, it just may take time.

[sparkles_ 456]

The lawyer estimates I-130s are taking about 5 months. She said she would try, based on that and other evidence....we are also trying to have a biological child. I recently miscarried last month

The Lawyer said march is probably when we would get the notice of the first master hearing. This is complete chaos, I'm also finishing my teaching certification and we will be relocating after summer to a nearby state...lawyer will travel, just have to foot the larger bill.

[sparkles_ 456]

The march estimate comes from the fact that a brand new immigration court was opened in my state....adding to this, does anyone have any input if having a bio. child helps in situations like this? I was honestly going to wait til the summer to try again just for mental health sake but now this.

[Boiler 45,467]

I doubt they would be judging the validity of the relationship from your perspective.

[sparkles_ 456]

Hence why I posted what the ICE agent said. I never thought they would judge anything based on how I see this, I clearly stated the agent said out timeline isn't the best but its done.

The only question I had so far was if a biological child makes any difference in cases like this? I have sole custody of my two young sons and plans are being made for formal adoption. He is the only father they have....so yea, in a perfect world they would see our perspective but again it's life.

[Villanelle 4,122]

Personally Im going to say no- a bio child doesnt count as proof as a bonafide marriage. There have been people in the VAWA thread that have been denied for not having sufficient proof of bonafide marriage (you know the things you usually find in ROC checklists) because of the living conditions with the abusive spouse. They had children together and it didnt make a difference.

So while the child itself is not proof of a relationship- its simply proof you engaged in coitus. Other aspects of a pregnancy and childbirth can be used to show a relationship.

An affidavit from the nurse or Dr stating you both come to all the appts and are a loving couple eagerly awaiting the birth of the child/expanding your family. Payment receipts from his credit card for co-pays for visits. Or checks made out to the OB from your joint account signed by him. Same thing in regards to baby purchases made. Photos from a baby shower. Invitations. Even if its a small family only event- print up photo cards invitations at that machine at walmart or rite aid and invite your family over for a dinner to celebrate.

So its not the child, but the event. You can do the same for the adoption. Make it an event. Show documentation of it. Review the ROC threads for things people submit.

[sparkles_ 456]

Personally Im going to say no- a bio child doesnt count as proof as a bonafide marriage. There have been people in the VAWA thread that have been denied for not having sufficient proof of bonafide marriage (you know the things you usually find in ROC checklists) because of the living conditions with the abusive spouse. They had children together and it didnt make a difference.

So while the child itself is not proof of a relationship- its simply proof you engaged in coitus. Other aspects of a pregnancy and childbirth can be used to show a relationship.

An affidavit from the nurse or Dr stating you both come to all the appts and are a loving couple eagerly awaiting the birth of the child/expanding your family. Payment receipts from his credit card for co-pays for visits. Or checks made out to the OB from your joint account signed by him. Same thing in regards to baby purchases made. Photos from a baby shower. Invitations. Even if its a small family only event- print up photo cards invitations at that machine at walmart or rite aid and invite your family over for a dinner to celebrate.

So its not the child, but the event. You can do the same for the adoption. Make it an event. Show documentation of it. Review the ROC threads for things people submit.

That being said, should I be submitting as much evidence as possible with the i130?? Forgive me for not knowing, but should I be sending stuff that would typically be more used for the i485? It's no problem to do so but I also don't want whoever reviews it to think we are trying too hard, unless that's a good thing.

We had planned to try to get pregnant again this summer. I think we will stick to that.

[Villanelle 4,122]

Right now we are getting the i-130 documents together, will file it and wait til the first master calendar hearing. At this hearing the lawyer will ask for the case to be administratively closed based on his ability to adjust, the I-130 receipt and some other evidence so we can AOS outside court.

What is this other evidence the lawyer is going to be presenting? Is it things along the lines of 'proof of bonafide marriage'? If so then theres no need to send it with the 130.

If its not, then you should speak with the lawyer about including proof of the bonafide marriage in the 130 packet, as the judge will have access to his complete USCIS file and ideally you want him to be able to see spouse will be able to successfully adjust with in the system and theres no need to take up court time.

Your lawyer should be able to give you the best advice about what to send or not to send. Explain your concerns and if he says you shouldnt send it- ask for specific reasons why not.

You need to have a good relationship with your lawyer. I can tell you if something doesnt quite feel right or doesnt seem logical- Its one of two things. 1. Some of the laws and procedures (esp in the courts) of USCIS are just plain wacky. Its an odd 3 step dance that only specialized lawyers can maneuver through. try to do it yourself and youll fall flat on your face. Or 2. Its your gut telling you- this isnt logical, something is wrong here, Ive got a bad feeling. Not all lawyers are created equal and can dance like Fred Astaire.

You also have the option of getting a second opinion. You can find a local attny in your area that may give you a free consult or there are tons of place online where you can post questions (sometimes free/sometimes for a min fee) and lawyers will respond. If you post your question has to be simple direct and limited. You can also pay again a min fee to video chat or phone chat with a lawyer on the phone and discuss what you need to. You can google things like ask a lawyer, free consult, stuff like that.

Here are a few links. I know nothing about them. Never used them, cant vouch for any of them- they all seem to run about 39$ as the standard 15 min convo though. So if you want a double check your attny is doing right, 39$ may be worth it. Or try the free question submissions.

As you realize not to many people on here have been in your situation or have been to court so they really cant help you. You can attempt to message Sandranj as she is an attny but she works with VAWA applicants. You can send her a brief message to see if she has time- as she is someone who seems to squeeze 28 hours into the day lol and is always very very busy with her real job and then gives time here as well. See if she has time to discuss with you your attnys strategy. If its ####### or hes mishandling it- she will tell you bluntly, or she will tell you to follow his advice if she sees nothing wrong.

https://www.quicklegal.com/pages/services_available

https://www.rocketlawyer.com/legal-advice.rl

https://www.lawzam.com/

http://www.avvo.com/ask-a-lawyer

http://www.worldlawdirect.com/asklawyer/

[sparkles_ 456]

What is this other evidence the lawyer is going to be presenting? Is it things along the lines of 'proof of bonafide marriage'? If so then theres no need to send it with the 130.

If its not, then you should speak with the lawyer about including proof of the bonafide marriage in the 130 packet, as the judge will have access to his complete USCIS file and ideally you want him to be able to see spouse will be able to successfully adjust with in the system and theres no need to take up court time.

Your lawyer should be able to give you the best advice about what to send or not to send. Explain your concerns and if he says you shouldnt send it- ask for specific reasons why not.

You need to have a good relationship with your lawyer. I can tell you if something doesnt quite feel right or doesnt seem logical- Its one of two things. 1. Some of the laws and procedures (esp in the courts) of USCIS are just plain wacky. Its an odd 3 step dance that only specialized lawyers can maneuver through. try to do it yourself and youll fall flat on your face. Or 2. Its your gut telling you- this isnt logical, something is wrong here, Ive got a bad feeling. Not all lawyers are created equal and can dance like Fred Astaire.

You also have the option of getting a second opinion. You can find a local attny in your area that may give you a free consult or there are tons of place online where you can post questions (sometimes free/sometimes for a min fee) and lawyers will respond. If you post your question has to be simple direct and limited. You can also pay again a min fee to video chat or phone chat with a lawyer on the phone and discuss what you need to. You can google things like ask a lawyer, free consult, stuff like that.

Here are a few links. I know nothing about them. Never used them, cant vouch for any of them- they all seem to run about 39$ as the standard 15 min convo though. So if you want a double check your attny is doing right, 39$ may be worth it. Or try the free question submissions.

As you realize not to many people on here have been in your situation or have been to court so they really cant help you. You can attempt to message Sandranj as she is an attny but she works with VAWA applicants. You can send her a brief message to see if she has time- as she is someone who seems to squeeze 28 hours into the day lol and is always very very busy with her real job and then gives time here as well. See if she has time to discuss with you your attnys strategy. If its ####### or hes mishandling it- she will tell you bluntly, or she will tell you to follow his advice if she sees nothing wrong.

https://www.quicklegal.com/pages/services_available

https://www.rocketlawyer.com/legal-advice.rl

https://www.lawzam.com/

http://www.avvo.com/ask-a-lawyer

http://www.worldlawdirect.com/asklawyer/

That is the plan, the bona fide marriage proofs will go in with the 130 pack, Lawyer will be submitting it, we just have to bring her the needed proofs. I plan to include the usuals, a family wedding invite addressed to mr/mrs, everything but car insurance because he has an out of state DL and I doubt he can switch it while in this situation. Also forms from the kids school and doctor listing him as emergency contacts. Not sure if affidavits would make a difference really.

I trust our lawyer. She was recommended by another couple who had a very complicated ROC. She also gave us a better overall vibe. Her plan seems simple, to ask for it to be dismissed at the first master hearing based on the 130 pack, evidence and the fact hubs has the right to relief via AOS. However she is realistic and said its not a guarantee. Be prepared to have it go either way. We are ready basically for anything from as easy as a dismissal and normal AOS to multiple interviews, stokes interview and AOS via the court.

I know very few people have been here. I hope this thread can, in time, help others.

[sparkles_ 456]

That is the plan, the bona fide marriage proofs will go in with the 130 pack, Lawyer will be submitting it, we just have to bring her the needed proofs. I plan to include the usuals, a family wedding invite addressed to mr/mrs, everything but car insurance because he has an out of state DL and I doubt he can switch it while in this situation. Also forms from the kids school and doctor listing him as emergency contacts. Not sure if affidavits would make a difference really.

I trust our lawyer. She was recommended by another couple who had a very complicated ROC. She also gave us a better overall vibe. Her plan seems simple, to ask for it to be dismissed at the first master hearing based on the 130 pack, evidence and the fact hubs has the right to relief via AOS. However she is realistic and said its not a guarantee. Be prepared to have it go either way. We are ready basically for anything from as easy as a dismissal and normal AOS to multiple interviews, stokes interview and AOS via the court.

I know very few people have been here. I hope this thread can, in time, help others.

To clarify on trusting our lawyer, we chose her not solely on the recommendation, but after speaking with 2-3 others who seemed clueless about the first notice we got. Only she knew of and had heard of the new process of tracking down student overstays this way.

[Boiler 45,467]

I thought they had been focussing on students going out of status for some time?