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.