I am a US citizen. I now have a competent immigration attorney. My wife, originally from Mexico, was denied her I-485 about 4 years ago because government believes she made oral false claim citizenship when entering the country-no, she had no visa-and yes, the false claim issue came up during the adjustment status interview. We reapplied within the last year, and I-485 was again denied-we made clear that she made claim of being "american" and not "us citizen"... (I know, this is a whole other debate/question about the difference). Anyway, the government thinks it is one and the same, which we're fighting. After second denial, we submitted a motion to reconsider, which was denied today (seems they didn't even read our motion based on the response). Since my wife is a mother of two with no criminal record, I have my doubts immigration will initiate removal proceedings.
However, we want to have removal proceedings initiated so we can renew our application with the immigration court (it seems like a less expensive way of fighting our case-our other option being a Declaratory Action in District Court).
How can we force the issue and initiate removal proceedings without my wife going to jail for 2 or 3 weeks before having a bond hearing (this is what would happen if we walked into the ICE office here in Phoenix as I understand it)? My attorney has no new ideas of how to do this.
However, we want to have removal proceedings initiated so we can renew our application with the immigration court (it seems like a less expensive way of fighting our case-our other option being a Declaratory Action in District Court).
How can we force the issue and initiate removal proceedings without my wife going to jail for 2 or 3 weeks before having a bond hearing (this is what would happen if we walked into the ICE office here in Phoenix as I understand it)? My attorney has no new ideas of how to do this.