Help-USC husband won't hear about INS!
Sep 18th 2002, 8:55 am
#31
Guest
Posts: n/a
Re: Help-USC husband won't hear about INS!
>Subject: Re: Help-USC husband won't hear about INS!
>From: [email protected] (Chris Parker)
>Date: 9/17/2002 8:08 AM Central Daylight Time
>Message-id: <[email protected] >
>> I called the 1800 number and checked...they have no record of my
>> file...so could it be that the file is a close matter for them ??? is
>> anything still can be done ? I mean file another AOS ?
>> WHEN you're not allowed to see an INS judge do they let you know that
>> ???
>If you last entered the U.S. with a visa (such as a B2 tourist visa),
>you are entitled to a hearing before a judge. If there is no file at
>EOIR, and you received no notice about a hearing or an order, I think
>it is clear that no case has been filed against you yet. You can
>check that number as often as you'd like. As you can see, even INS
>does have some compassion....
>They are supposed to give you notices about any hearing or orders
>entered against you. Unfortunately, some people at INS don't know how
>to address an envelope clearly and correctly, so that the most
>important notices from them are sometimes "lost" in the regular mail.
Normally the hearing or show notice comes from the court at the last known
address of the alien. It would be sent registered mail, returned receipt and
used as evidence during the hearing that the notice was properly served. Just
b/c the 800 number has no record of her case, it does not mean she was not
order deported in absentia or that the case is still pending.
You are correct. She needs to contact the court to determine the status of her
case.
Regards,
Chesmen
>From: [email protected] (Chris Parker)
>Date: 9/17/2002 8:08 AM Central Daylight Time
>Message-id: <[email protected] >
>> I called the 1800 number and checked...they have no record of my
>> file...so could it be that the file is a close matter for them ??? is
>> anything still can be done ? I mean file another AOS ?
>> WHEN you're not allowed to see an INS judge do they let you know that
>> ???
>If you last entered the U.S. with a visa (such as a B2 tourist visa),
>you are entitled to a hearing before a judge. If there is no file at
>EOIR, and you received no notice about a hearing or an order, I think
>it is clear that no case has been filed against you yet. You can
>check that number as often as you'd like. As you can see, even INS
>does have some compassion....
>They are supposed to give you notices about any hearing or orders
>entered against you. Unfortunately, some people at INS don't know how
>to address an envelope clearly and correctly, so that the most
>important notices from them are sometimes "lost" in the regular mail.
Normally the hearing or show notice comes from the court at the last known
address of the alien. It would be sent registered mail, returned receipt and
used as evidence during the hearing that the notice was properly served. Just
b/c the 800 number has no record of her case, it does not mean she was not
order deported in absentia or that the case is still pending.
You are correct. She needs to contact the court to determine the status of her
case.
Regards,
Chesmen
Sep 18th 2002, 4:13 pm
#32
Just Joined
Joined: Sep 2002
Posts: 28
Re: Help-USC husband won't hear about INS!
thank you chesmen..it's always good to hear some other opinions
Well that's what I did ..I contacted the Court via that 800 number and they have no record of my case...
I am really scared here...why would they order me deported in absentia ? I have an address and the INS do have this address...it's not like I am hiding somewhere...
Thank you if you can please clarify this for me...
thank youuuuuuuuuuuuuuuuuuuu
By the way, I contacted a lawyer who offer free consultation, and he said that he will retrieve my file from the INS..Could this be done at this point ? Isn't it too late ???
tHANK YOU ALL FOR ALL YOUR HELP
)
Well that's what I did ..I contacted the Court via that 800 number and they have no record of my case...
I am really scared here...why would they order me deported in absentia ? I have an address and the INS do have this address...it's not like I am hiding somewhere...
Thank you if you can please clarify this for me...
thank youuuuuuuuuuuuuuuuuuuu
By the way, I contacted a lawyer who offer free consultation, and he said that he will retrieve my file from the INS..Could this be done at this point ? Isn't it too late ???
tHANK YOU ALL FOR ALL YOUR HELP
)
Sep 19th 2002, 11:57 am
#33
Guest
Posts: n/a
Re: Help-USC husband won't hear about INS!
>r opinions
>Well that's what I did ..I contacted the Court via that 800 number and
>they have no record of my case...
>I am really scared here...why would they order me deported in absentia ?
>I have an address and the INS do have this address...it's not like I am
>hiding somewhere...
>Thank you if you can please clarify this for me...
>thank youuuuuuuuuuuuuuuuuuuu
>By the way, I contacted a lawyer who offer free consultation, and he
>said that he will retrieve my file from the INS..Could this be done at
>this point ? Isn't it too late ???
>tHANK YOU ALL FOR ALL YOUR HELP)
Yes, the lawyer can get your INS file. You say the INS sent you a letter
saying you would be deported? If so, this should be in your file.
A lawyer is definately your best bet since you've received a letter announcing
you would be deported, yet the court (did you contact the correct court for
your district?) say there is no record of your case. Something is missing
here.
That's why you need an attorney to straighten it out.
Regards,
Chesmen
>Well that's what I did ..I contacted the Court via that 800 number and
>they have no record of my case...
>I am really scared here...why would they order me deported in absentia ?
>I have an address and the INS do have this address...it's not like I am
>hiding somewhere...
>Thank you if you can please clarify this for me...
>thank youuuuuuuuuuuuuuuuuuuu
>By the way, I contacted a lawyer who offer free consultation, and he
>said that he will retrieve my file from the INS..Could this be done at
>this point ? Isn't it too late ???
>tHANK YOU ALL FOR ALL YOUR HELP
)Yes, the lawyer can get your INS file. You say the INS sent you a letter
saying you would be deported? If so, this should be in your file.
A lawyer is definately your best bet since you've received a letter announcing
you would be deported, yet the court (did you contact the correct court for
your district?) say there is no record of your case. Something is missing
here.
That's why you need an attorney to straighten it out.
Regards,
Chesmen
Sep 19th 2002, 1:48 pm
#34
Just Joined
Joined: Sep 2002
Posts: 28
Re: Help-USC husband won't hear about INS!
Dear Mr. Chesmen,
Thank you for your reply
Yes I did check the right Court...and the INS said that they will start thje process to deport me ..they did not say they will deport me...that's what made me think I might receive another letter from them to go to Court...but if it is the case, why is it taking so long ??
yes I am having an appointment with a lawyer tomorrow...
Thank you again..and thanks to all the others too who helped me with all this useful information...I never knew that much about INS before until I discovered this Board..
THANK YOU THANK YOU THANK YOUUUUUUUUUUUUUUUUUUU
Thank you for your reply
Yes I did check the right Court...and the INS said that they will start thje process to deport me ..they did not say they will deport me...that's what made me think I might receive another letter from them to go to Court...but if it is the case, why is it taking so long ??
yes I am having an appointment with a lawyer tomorrow...
Thank you again..and thanks to all the others too who helped me with all this useful information...I never knew that much about INS before until I discovered this Board..
THANK YOU THANK YOU THANK YOUUUUUUUUUUUUUUUUUUU
Sep 20th 2002, 5:09 am
#35
Guest
Posts: n/a
Re: Help-USC husband won't hear about INS!
> Yes, the lawyer can get your INS file. You say the INS sent you a letter
> saying you would be deported? If so, this should be in your file.
I don't think that the letter she received is a formal "Order to Show
Cause" or "Notice to Appear." Therefore, it isn't filed with the
immigration court and it is just a threat but otherwise meaningless.
If I recall correctly, the OF-156 form (now obsolete) did not ask the
citizenship of the spouse unless the spouse was in the U.S. If the
U.S. citizen spouse was residing abroad, you could mislead the
consulate into thinking the spouse was a foreign national and would be
remaining abroad by just showing the foreign marriage certificate
(i.e. misuse a B2 visa like it was a K3 visa, which wasn't available
at that time). I presume this was what she did. The new DS-156 fixes
this loophole, and K3 visa is the solution for people in that
situation.
As such, I suspect the INS case attorney that received her file felt
that INS did not have sufficient evidence of misrepresentation to
convince an immigration judge of deportability. Most deportation
hearings focus on discretionary relief, since the alien's
deportability is usually something immediately apparent from
documentation in the Service's records. In her case, however, while
they can deny her adjustment applications in the name of
misrepresentation using their discretionary authority, they really
don't have hard evidence (written evidence) to support that charge in
the immigration court. So, she is neither deportable nor adjustable
in her current condition. If this is so, she may be just fine
constantly applying for adjustment and getting denied.
If I were her, realizing this, I would be very careful to consistently
disagree with INS's finding of misrepresentation. If they got an
admission or confession orally or in writing from her of the
misrepresentation (such as a Form I-601 applying for waiver which gets
denied, or during an adjustment interview), then they'd have the
evidence they need to convince the judge of deportability. A lawyer
may or may not help her, and a good lawyer is particularly important
to avoid giving INS the statement from her that they need to
prosecute.
This is, of course, just hyphothetical analysis and not legal advice
of any kind. As always, the individual and/or his/her legal
representation must make the decision about what to do and what not to
if.
CP
> saying you would be deported? If so, this should be in your file.
I don't think that the letter she received is a formal "Order to Show
Cause" or "Notice to Appear." Therefore, it isn't filed with the
immigration court and it is just a threat but otherwise meaningless.
If I recall correctly, the OF-156 form (now obsolete) did not ask the
citizenship of the spouse unless the spouse was in the U.S. If the
U.S. citizen spouse was residing abroad, you could mislead the
consulate into thinking the spouse was a foreign national and would be
remaining abroad by just showing the foreign marriage certificate
(i.e. misuse a B2 visa like it was a K3 visa, which wasn't available
at that time). I presume this was what she did. The new DS-156 fixes
this loophole, and K3 visa is the solution for people in that
situation.
As such, I suspect the INS case attorney that received her file felt
that INS did not have sufficient evidence of misrepresentation to
convince an immigration judge of deportability. Most deportation
hearings focus on discretionary relief, since the alien's
deportability is usually something immediately apparent from
documentation in the Service's records. In her case, however, while
they can deny her adjustment applications in the name of
misrepresentation using their discretionary authority, they really
don't have hard evidence (written evidence) to support that charge in
the immigration court. So, she is neither deportable nor adjustable
in her current condition. If this is so, she may be just fine
constantly applying for adjustment and getting denied.
If I were her, realizing this, I would be very careful to consistently
disagree with INS's finding of misrepresentation. If they got an
admission or confession orally or in writing from her of the
misrepresentation (such as a Form I-601 applying for waiver which gets
denied, or during an adjustment interview), then they'd have the
evidence they need to convince the judge of deportability. A lawyer
may or may not help her, and a good lawyer is particularly important
to avoid giving INS the statement from her that they need to
prosecute.
This is, of course, just hyphothetical analysis and not legal advice
of any kind. As always, the individual and/or his/her legal
representation must make the decision about what to do and what not to
if.
CP
Sep 20th 2002, 12:59 pm
#36
Just Joined
Joined: Sep 2002
Posts: 28
Re: Help-USC husband won't hear about INS!
Thank you both on your elaboration of this subject
Sometimes things sound so clear and better and other times they seem so complicated and worse
WELL if I don't keep disagreeing with INS what should I do then to fight my case ? I don't want to keep applying for AOS and keep being denied every time...
I did apply for a waiver I-601 And got denied for that one too.not enough hardship.
My daughter has been seeing a therapist lately because of all these problems that affect her...can I still file I-601 one more time with this new fact ???
Mr. Chris, what do you mean by this :
"If I were her, realizing this, I would be very careful to consistently
disagree with INS's finding of misrepresentation. If they got an
admission or confession orally or in writing from her of the
misrepresentation (such as a Form I-601 applying for waiver which gets
denied, or during an adjustment interview), then they'd have the
evidence they need to convince the judge of deportability.
Do you mean that the INS are not telling me the real reason they are denying my AOS ?
Well I saw a lawyer today and he thinks that I better ask to see an INS judge... I am really scared of the Court...
I have a question here if anyone can help please...
is it true that the 245 if reinstated will not apply for my case..
is it only for people who enter illegally ? THAT'S What this lawyer told me and I heard something different from another lawyer, which is it does apply to my case if reinstated.
Thank you so much to anyone who can help...
Sometimes things sound so clear and better and other times they seem so complicated and worse
WELL if I don't keep disagreeing with INS what should I do then to fight my case ? I don't want to keep applying for AOS and keep being denied every time...
I did apply for a waiver I-601 And got denied for that one too.not enough hardship.
My daughter has been seeing a therapist lately because of all these problems that affect her...can I still file I-601 one more time with this new fact ???
Mr. Chris, what do you mean by this :
"If I were her, realizing this, I would be very careful to consistently
disagree with INS's finding of misrepresentation. If they got an
admission or confession orally or in writing from her of the
misrepresentation (such as a Form I-601 applying for waiver which gets
denied, or during an adjustment interview), then they'd have the
evidence they need to convince the judge of deportability.
Do you mean that the INS are not telling me the real reason they are denying my AOS ?
Well I saw a lawyer today and he thinks that I better ask to see an INS judge... I am really scared of the Court...
I have a question here if anyone can help please...
is it true that the 245 if reinstated will not apply for my case..
is it only for people who enter illegally ? THAT'S What this lawyer told me and I heard something different from another lawyer, which is it does apply to my case if reinstated.
Thank you so much to anyone who can help...
Sep 20th 2002, 1:22 pm
#37
Guest
Posts: n/a
Re: Help-USC husband won't hear about INS!
>I don't think that the letter she received is a formal "Order to Show
>Cause" or "Notice to Appear." Therefore, it isn't filed with the
>immigration court and it is just a threat but otherwise meaningless.
>If I recall correctly, the OF-156 form (now obsolete) did not ask the
>citizenship of the spouse unless the spouse was in the U.S. If the
>U.S. citizen spouse was residing abroad, you could mislead the
>consulate into thinking the spouse was a foreign national and would be
>remaining abroad by just showing the foreign marriage certificate
>(i.e. misuse a B2 visa like it was a K3 visa, which wasn't available
> at that time). I presume this was what she did. The new DS-156 fixes
> this loophole, and K3 visa is the solution for people in that
> situation.
>As such, I suspect the INS case attorney that received her file felt
>that INS did not have sufficient evidence of misrepresentation to
>convince an immigration judge of deportability. Most deportation
>hearings focus on discretionary relief, since the alien's
>deportability is usually something immediately apparent from
>documentation in the Service's records. In her case, however, while
>they can deny her adjustment applications in the name of
>misrepresentation using their discretionary authority, they really
>don't have hard evidence (written evidence) to support that charge in
>the immigration court. So, she is neither deportable nor adjustable
>in her current condition. If this is so, she may be just fine
>constantly applying for adjustment and getting denied.
>If I were her, realizing this, I would be very careful to consistently
>disagree with INS's finding of misrepresentation. If they got an
>admission or confession orally or in writing from her of the
>misrepresentation (such as a Form I-601 applying for waiver which gets
>denied, or during an adjustment interview), then they'd have the
>evidence they need to convince the judge of deportability. A lawyer
>may or may not help her, and a good lawyer is particularly important
>to avoid giving INS the statement from her that they need to
>prosecute.
>This is, of course, just hyphothetical analysis and not legal advice
>of any kind. As always, the individual and/or his/her legal
>representation must make the decision about what to do and what not to
>do.
Hi Chris,
While I agree w/everything u are saying, I also agree w/u that it is
hypothetical.
We don't know what she received in the mail. A letter is all she said. It
could have been an order or a notice, or just a letter.
I certainly wouldn't take it as meaningless
threat. That letter is available. INS doesn't send out threats of deportation
and not file a copy. As I said, it is normally the Service that sends out these
letters, not a clerk, since there was a reason for sending out the letter in
the first place.
Again, only her lawyer can determine what is in her file and what her next move
should be. Her lawyer can also check w/the courts if there is or was a case,
rather than relying on an 800 number. There may be a case pending, just not on
the docket yet, thus telling her there is no case. An attorney can find this
out. You and I are only speculating based on her discription of the events.
We really don't know the facts. For that reason, I'm not contributing any more
to this post. Her lawyer, not us, will have the facts and knowledge to help
her.
I wish her the best.
Regards,
Chesmen
>Cause" or "Notice to Appear." Therefore, it isn't filed with the
>immigration court and it is just a threat but otherwise meaningless.
>If I recall correctly, the OF-156 form (now obsolete) did not ask the
>citizenship of the spouse unless the spouse was in the U.S. If the
>U.S. citizen spouse was residing abroad, you could mislead the
>consulate into thinking the spouse was a foreign national and would be
>remaining abroad by just showing the foreign marriage certificate
>(i.e. misuse a B2 visa like it was a K3 visa, which wasn't available
> at that time). I presume this was what she did. The new DS-156 fixes
> this loophole, and K3 visa is the solution for people in that
> situation.
>As such, I suspect the INS case attorney that received her file felt
>that INS did not have sufficient evidence of misrepresentation to
>convince an immigration judge of deportability. Most deportation
>hearings focus on discretionary relief, since the alien's
>deportability is usually something immediately apparent from
>documentation in the Service's records. In her case, however, while
>they can deny her adjustment applications in the name of
>misrepresentation using their discretionary authority, they really
>don't have hard evidence (written evidence) to support that charge in
>the immigration court. So, she is neither deportable nor adjustable
>in her current condition. If this is so, she may be just fine
>constantly applying for adjustment and getting denied.
>If I were her, realizing this, I would be very careful to consistently
>disagree with INS's finding of misrepresentation. If they got an
>admission or confession orally or in writing from her of the
>misrepresentation (such as a Form I-601 applying for waiver which gets
>denied, or during an adjustment interview), then they'd have the
>evidence they need to convince the judge of deportability. A lawyer
>may or may not help her, and a good lawyer is particularly important
>to avoid giving INS the statement from her that they need to
>prosecute.
>This is, of course, just hyphothetical analysis and not legal advice
>of any kind. As always, the individual and/or his/her legal
>representation must make the decision about what to do and what not to
>do.
Hi Chris,
While I agree w/everything u are saying, I also agree w/u that it is
hypothetical.
We don't know what she received in the mail. A letter is all she said. It
could have been an order or a notice, or just a letter.
I certainly wouldn't take it as meaningless
threat. That letter is available. INS doesn't send out threats of deportation
and not file a copy. As I said, it is normally the Service that sends out these
letters, not a clerk, since there was a reason for sending out the letter in
the first place.
Again, only her lawyer can determine what is in her file and what her next move
should be. Her lawyer can also check w/the courts if there is or was a case,
rather than relying on an 800 number. There may be a case pending, just not on
the docket yet, thus telling her there is no case. An attorney can find this
out. You and I are only speculating based on her discription of the events.
We really don't know the facts. For that reason, I'm not contributing any more
to this post. Her lawyer, not us, will have the facts and knowledge to help
her.
I wish her the best.
Regards,
Chesmen
Sep 20th 2002, 2:49 pm
#38
Just Joined
Joined: Sep 2002
Posts: 28
Re: Help-USC husband won't hear about INS!
Hi Mr Chesmen,
Thank you for your reply even if it was not meant to me...
Whenever I come to this Board it's not to read all the advice and apply them to my self... come here just to get informed about things I don't know and to tell the truth I learnt so much...I am going to tell you something funny here,,, AS i SAID on this board all I have to handle my case was a legal adviser...I put everything in his hands and did not bother look for more information from other sources...and the result that in 5 years that this case is being going on I did never know IF my I-130 was denied or approved...who ever ask me I replied I don't know...all I know was that my AOS was denied...isn't that weird..well it's the thruth though...that's why when I discovered this message I was so impressed by all these people who are here eager to help and inform and answer questions...I was glad to read their replies even when there are different opinions and contradictory answers...I liked it because it made me make more research on the matter...and mostly made me prepared when I had that appointment with my lawyer today (THANK YOU TO YOU ALL )...I never thought of the thing as being mislaiding or whatever...we all are here to look for some help to read about similar experiences even for compassion sometimes...not to blame people for giving out different answers...this board is not a lawyer office we know that...it 's just a place where to find a helpful and information..
Mr Chesmen thank you so much for all the precious information you posted on this board...and thanks a lot also to Mr. Chris for all the time he took to post his wonderful information...and to everyone else ho contribute to this board....THANK YOUUUUUUUUUU
Thank you for your reply even if it was not meant to me...
Whenever I come to this Board it's not to read all the advice and apply them to my self... come here just to get informed about things I don't know and to tell the truth I learnt so much...I am going to tell you something funny here,,, AS i SAID on this board all I have to handle my case was a legal adviser...I put everything in his hands and did not bother look for more information from other sources...and the result that in 5 years that this case is being going on I did never know IF my I-130 was denied or approved...who ever ask me I replied I don't know...all I know was that my AOS was denied...isn't that weird..well it's the thruth though...that's why when I discovered this message I was so impressed by all these people who are here eager to help and inform and answer questions...I was glad to read their replies even when there are different opinions and contradictory answers...I liked it because it made me make more research on the matter...and mostly made me prepared when I had that appointment with my lawyer today (THANK YOU TO YOU ALL )...I never thought of the thing as being mislaiding or whatever...we all are here to look for some help to read about similar experiences even for compassion sometimes...not to blame people for giving out different answers...this board is not a lawyer office we know that...it 's just a place where to find a helpful and information..
Mr Chesmen thank you so much for all the precious information you posted on this board...and thanks a lot also to Mr. Chris for all the time he took to post his wonderful information...and to everyone else ho contribute to this board....THANK YOUUUUUUUUUU
Sep 23rd 2002, 4:38 am
#39
Guest
Posts: n/a
Re: Help-USC husband won't hear about INS!
> I did apply for a waiver I-601 And got denied for that one too.not
> enough hardship.
If that's so, then perhaps merely filing I-601 is not enough evidence
for them to show admission of guilt of misrepresentation. I think
that's fair; you applied for a waiver because they previously denied
adjustment for that reason.
> My daughter has been seeing a therapist lately because of all these
> problems that affect her...can I still file I-601 one more time with
> this new fact ???
Yes, you can reapply for the waiver. New facts definitely will help
make it stronger. You need to qualify for an "extreme" hardship.
They must examine the totality of your situation to determine this.
An immigration lawyer is best to prepare a statement supporting exteme
hardship. A non-exhaustive list of the criteria INS uses to determine
extreme hardship is found at 8 CFR 240.58(b):
http://www.ins.usdoj.g-
ov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9606/slb-22098/slb-22655?f=templates&fn=doc-
ument-frame.htm#slb-8cfrsec24058
> Do you mean that the INS are not telling me the real reason they are
> denying my AOS ?
They don't really have to give a reason. They don't even need a
reason, really. Adjustment approval is purely discretionary at the
Attorney General's level.
> Well I saw a lawyer today and he thinks that I better ask to see an INS
> judge... I am really scared of the Court...
The immigration judge is an administrative law judge, not a judicial
judge. Only INS can file charges that will bring you before an
immigration judge, and they might not be doing that because they don't
have a strong enough case. If they can convince the judge that you
are deportable (the burden of proof in on them), then the haearing
just become another adjustment interview really (although denial this
time will result in entry of an order deportation against you, which
you may appeal to the BIA, an administrative review board). It is
unconstitutional to ask a charged party to provide self-incriminating
evidence, and the immigration judge and your lawyer are supposed to
disallow such questioning.
Yes, you would have a better chance getting adjusted if you got before
an immigration judge without supplying INS any new derogatory
information. They probably wouldn't meet their burden of proof. Of
course, the trick is how to provoke them to do that. Reapplying for
adjustment and getting denied seems the best way to me, but this is
not legal advice.
> is it true that the 245 if reinstated will not apply for my case..
> is it only for people who enter illegally ? THAT'S What this lawyer told
> me and I heard something different from another lawyer, which is it does
> apply to my case if reinstated.
As last reinstated in 2001, INA 245(i) did not permit inadmissible
persons to adjust status. Yes, it was primarily relief for those who
entered illegally, overstayed their visas, and/or worked without
employment authorization. In the past, it did help more, I think. If
you had a lawyer telling you, as it was last provided in 2001, it
could help you overcome inadmissibility under INA 212(a)(6)(B)(i) for
misrepresentation through 245(i), I'd say he was wrong and probably
just doesn't have any idea what to do except throw an extra $1000 in
the INS's face and pray for mercy. Of course, we don't know when, if,
and how they'll provide it again, so you can't rule it out as a
possible option either.
Tough situation. Good luck.
CP
> enough hardship.
If that's so, then perhaps merely filing I-601 is not enough evidence
for them to show admission of guilt of misrepresentation. I think
that's fair; you applied for a waiver because they previously denied
adjustment for that reason.
> My daughter has been seeing a therapist lately because of all these
> problems that affect her...can I still file I-601 one more time with
> this new fact ???
Yes, you can reapply for the waiver. New facts definitely will help
make it stronger. You need to qualify for an "extreme" hardship.
They must examine the totality of your situation to determine this.
An immigration lawyer is best to prepare a statement supporting exteme
hardship. A non-exhaustive list of the criteria INS uses to determine
extreme hardship is found at 8 CFR 240.58(b):
http://www.ins.usdoj.g-
ov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9606/slb-22098/slb-22655?f=templates&fn=doc-
ument-frame.htm#slb-8cfrsec24058
> Do you mean that the INS are not telling me the real reason they are
> denying my AOS ?
They don't really have to give a reason. They don't even need a
reason, really. Adjustment approval is purely discretionary at the
Attorney General's level.
> Well I saw a lawyer today and he thinks that I better ask to see an INS
> judge... I am really scared of the Court...
The immigration judge is an administrative law judge, not a judicial
judge. Only INS can file charges that will bring you before an
immigration judge, and they might not be doing that because they don't
have a strong enough case. If they can convince the judge that you
are deportable (the burden of proof in on them), then the haearing
just become another adjustment interview really (although denial this
time will result in entry of an order deportation against you, which
you may appeal to the BIA, an administrative review board). It is
unconstitutional to ask a charged party to provide self-incriminating
evidence, and the immigration judge and your lawyer are supposed to
disallow such questioning.
Yes, you would have a better chance getting adjusted if you got before
an immigration judge without supplying INS any new derogatory
information. They probably wouldn't meet their burden of proof. Of
course, the trick is how to provoke them to do that. Reapplying for
adjustment and getting denied seems the best way to me, but this is
not legal advice.
> is it true that the 245 if reinstated will not apply for my case..
> is it only for people who enter illegally ? THAT'S What this lawyer told
> me and I heard something different from another lawyer, which is it does
> apply to my case if reinstated.
As last reinstated in 2001, INA 245(i) did not permit inadmissible
persons to adjust status. Yes, it was primarily relief for those who
entered illegally, overstayed their visas, and/or worked without
employment authorization. In the past, it did help more, I think. If
you had a lawyer telling you, as it was last provided in 2001, it
could help you overcome inadmissibility under INA 212(a)(6)(B)(i) for
misrepresentation through 245(i), I'd say he was wrong and probably
just doesn't have any idea what to do except throw an extra $1000 in
the INS's face and pray for mercy. Of course, we don't know when, if,
and how they'll provide it again, so you can't rule it out as a
possible option either.
Tough situation. Good luck.
CP
Sep 23rd 2002, 8:37 am
#40
Just Joined
Joined: Sep 2002
Posts: 28
Re: Help-USC husband won't hear about INS!
Thank you sooooooooooooo much Mr Chris...MERCIIIIIIIIIIIIIIIII
NO I PROMESS I am not taking anything you post here as a legal advice...I am just looking for information online to get more educated about the INS and to help me get out of this situation...I am still looking for the right lawyer...I am doing my research on this too...I already have a list of name..and already saw some...80 per cent said I better see a judge..but the thing that bother me so not to say scare me..is first never been to a court before..second everybody seem to say that my luck with the court depends on how LIBERAL is the judge...
You said that the best thing is to reapply for AOS... this is the thing I was really advised to do by one lawyer...but again AOS will mostly be denied...unless if I submitt a new evidence
may be ??????? THANK YOUUUUUUU again from the bottom of my heart ....
P.S : NOTHING YOU SAID WILL BE USED AS A LEGAL ADVICE
NO I PROMESS I am not taking anything you post here as a legal advice...I am just looking for information online to get more educated about the INS and to help me get out of this situation...I am still looking for the right lawyer...I am doing my research on this too...I already have a list of name..and already saw some...80 per cent said I better see a judge..but the thing that bother me so not to say scare me..is first never been to a court before..second everybody seem to say that my luck with the court depends on how LIBERAL is the judge...
You said that the best thing is to reapply for AOS... this is the thing I was really advised to do by one lawyer...but again AOS will mostly be denied...unless if I submitt a new evidence
may be ??????? THANK YOUUUUUUU again from the bottom of my heart ....
P.S : NOTHING YOU SAID WILL BE USED AS A LEGAL ADVICE
Sep 23rd 2002, 12:05 pm
#41
Just Joined
Joined: Sep 2002
Posts: 28
Re: Help-USC husband won't hear about INS!
Mr Chris Parker,
Just one last question if you don't mind...and if you can...
Could you please recommend a good lawyer ? If so
here is me Email address :
[email protected]
Thnak you so much for yr help...
Does anyone know if I qualify to enter the Green Card
lottery 2003 my case with INS being what it is right now ?
thank you...
Just one last question if you don't mind...and if you can...
Could you please recommend a good lawyer ? If so
here is me Email address :
[email protected]
Thnak you so much for yr help...
Does anyone know if I qualify to enter the Green Card
lottery 2003 my case with INS being what it is right now ?
thank you...
Sep 24th 2002, 1:59 am
#42
Guest
Posts: n/a
Re: Help-USC husband won't hear about INS!
> 80 per cent said I
> better see a judge..but the thing that bother me so not to say scare
> me..is first never been to a court before..second everybody seem to say
> that my luck with the court depends on how LIBERAL is the judge...
The immigration court is not a court, and the immigration judge is not
a judge. These are administrative proceedings, not judicial
proceedings.
That means the immigration court is nothing more than a room (usually
in the INS building) where an immigration lawyer (titled here as an
immigration judge) processes cases submitted by INS to determine the
deportability of aliens and considers applications submitted by those
alien as discretionary relief from this deportation. This is not
politics, there is no jury, and the jurisdiction of the hearing is
confined to granting discretionary relief (i.e. adjust your status) or
ordering deportation (if you are found to be deportable). The result
is also appealable (by either INS or you) to a review board for
effectively a second review of your case. This process is actually
the same or even less complicated than a traffic ticket court
appearance (which in some states is also an administrative
proceeding).
> You said that the best thing is to reapply for AOS... this is the thing
> I was really advised to do by one lawyer...but again AOS will mostly be
> denied...unless if I submitt a new evidence
> may be ??????? THANK YOUUUUUUU again from the bottom of my heart ....
Additional evidence of extreme hardship to your spouse/children if you
are deported might help you get the waiver approved this time and
become adjustable, yes. If not, denial will happen again yes, and
that will probably mean another referral of your case to an INS case
attorney who must decide whether or not to charge you into deportation
proceedings before an EOIR immigration judge.
No, I don't know of any immigration lawyers I can refer you to. I do
warn you to be careful, however, since there are a lot of bad
immigration lawyers out there. Assuming you are not currently in
deportation proceedings nor have not been ordered deported, a lawyer
with experience demonstrating extreme hardship to INS would be
appropriate right now. By the variety of the very different advices
you've received from those lawyers you've contacted already, you can
tell that some of them know what to do and others are just guessing
around.
To be quite honest with you, an affidavit statement from your husband
describing and attesting to the factors of extreme hardship he will
experience if you are deported from the U.S. is the kind of thing I
think they are looking for to approve the I601, and that's exactly why
you'll never get any approvals as long as he just doesn't care what
happens to you. *THIS IS NOT LEGAL ADVICE - SEEK AN ATTORNEY* Is he
really ready to raise two children all by himself, or alternatively
leave the U.S. permanently?
The DV lottery is not for you. Winning it doesn't give you anything
more than an approved I-130 petition. The inadmissibility due to
misrepresentation (without an approved waiver) still will disqualify
you from adjustment. As a DV winner, you also must be adjusted no
later than the end of the INS fiscal year or you lose anyway. Why
would you want to bother entering the DV lottery?
CP
> better see a judge..but the thing that bother me so not to say scare
> me..is first never been to a court before..second everybody seem to say
> that my luck with the court depends on how LIBERAL is the judge...
The immigration court is not a court, and the immigration judge is not
a judge. These are administrative proceedings, not judicial
proceedings.
That means the immigration court is nothing more than a room (usually
in the INS building) where an immigration lawyer (titled here as an
immigration judge) processes cases submitted by INS to determine the
deportability of aliens and considers applications submitted by those
alien as discretionary relief from this deportation. This is not
politics, there is no jury, and the jurisdiction of the hearing is
confined to granting discretionary relief (i.e. adjust your status) or
ordering deportation (if you are found to be deportable). The result
is also appealable (by either INS or you) to a review board for
effectively a second review of your case. This process is actually
the same or even less complicated than a traffic ticket court
appearance (which in some states is also an administrative
proceeding).
> You said that the best thing is to reapply for AOS... this is the thing
> I was really advised to do by one lawyer...but again AOS will mostly be
> denied...unless if I submitt a new evidence
> may be ??????? THANK YOUUUUUUU again from the bottom of my heart ....
Additional evidence of extreme hardship to your spouse/children if you
are deported might help you get the waiver approved this time and
become adjustable, yes. If not, denial will happen again yes, and
that will probably mean another referral of your case to an INS case
attorney who must decide whether or not to charge you into deportation
proceedings before an EOIR immigration judge.
No, I don't know of any immigration lawyers I can refer you to. I do
warn you to be careful, however, since there are a lot of bad
immigration lawyers out there. Assuming you are not currently in
deportation proceedings nor have not been ordered deported, a lawyer
with experience demonstrating extreme hardship to INS would be
appropriate right now. By the variety of the very different advices
you've received from those lawyers you've contacted already, you can
tell that some of them know what to do and others are just guessing
around.
To be quite honest with you, an affidavit statement from your husband
describing and attesting to the factors of extreme hardship he will
experience if you are deported from the U.S. is the kind of thing I
think they are looking for to approve the I601, and that's exactly why
you'll never get any approvals as long as he just doesn't care what
happens to you. *THIS IS NOT LEGAL ADVICE - SEEK AN ATTORNEY* Is he
really ready to raise two children all by himself, or alternatively
leave the U.S. permanently?
The DV lottery is not for you. Winning it doesn't give you anything
more than an approved I-130 petition. The inadmissibility due to
misrepresentation (without an approved waiver) still will disqualify
you from adjustment. As a DV winner, you also must be adjusted no
later than the end of the INS fiscal year or you lose anyway. Why
would you want to bother entering the DV lottery?
CP
Sep 24th 2002, 5:08 am
#43
Just Joined
Joined: Sep 2002
Posts: 28
Re: Help-USC husband won't hear about INS!
Dear Mr CP,
Thank youuuuuuuu so much for your help...you will never never realize how all this precious information meant to me...
I agree with you when you said some immigration lawyers out there are just guessing...I saw just few and realized some contradictions in their replies...one of them suggested the Lottery that's why I thought about it...he said that I qualify !!!
thank you again...with all this information I feel better equipped to look for the right lawyer...
thank you thank you thank you....you are an angel
Thank youuuuuuuu so much for your help...you will never never realize how all this precious information meant to me...
I agree with you when you said some immigration lawyers out there are just guessing...I saw just few and realized some contradictions in their replies...one of them suggested the Lottery that's why I thought about it...he said that I qualify !!!
thank you again...with all this information I feel better equipped to look for the right lawyer...
thank you thank you thank you....you are an angel
