notice to appear before a jugde letter, pls help!!

rosaque

Registered Users (C)
pls help!!. I am on deportation, any way out!!

Hi please help us , my situation is ,i have been married twice, first marriage did not work out and we divorced. he did apply for me but we never went for any interview. I later married my current husband, we went for interview and they said they will get back to us and they never did until after two years after the interview. They visited our home and met a neighbour that moved in few moths ago and he doesnt know me and he said I do not live there. six moths later we got a notice of intent to deny stating that our marriage was sham, that the first was a sham and the the current is too. They were never shams, I was just unlucky the first time. I did not even have any proof that we were together as I never worked while with him,or have any bank account with him, cos he kept saying we will do all that later but it never came since we started having problem soon after. Anyway, we responded to the notice of intent to deny explaining the situation about the visit and the neighbour but last week, i got a certified mail to see the jugde, no date or time. we were shocked. what are my options?. Is there anything my husband could do?. They wrote him explaining why his petition was denied but said he can appeal within 30 days. What are my chances?. My letter said I overstayed my visa and so i am removable. Does that mean deportation right away? will the judge order my deportation when I go to meet with him?. We are planning to meet with an attorney nextweek but it seems like I am dead already. What are the likely hope we have?. Of course my husband is with me all the way but I do not know if it will help. we did not get any attorney to respond to the NOID so we had loopholes in our response. Can it it be corrected or is too late to give a better audience or submit more proofs?. somebody please help. we are now married for 4years.
we live in Brooklyn , NY. Please help
 
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Please some one talk to me!!. I am a dilema

I posted that i have been called to see a jugde. What options do i have? can I ever be approved if my husband appeals my case?. How long does it take to hear from them?. I do not have a date or time set. Can my husband still refile for me?. infact I need suggestions, i will be seing an attorney but We want to get feed back. please respond to me, I am dying inside of me with fear of deportation. Thank you in advance
 
You need a lawyer, not an anonymous web forum. Have the lawyer file a Motion to Reopen ASAP. You are not dead yet.

Gather your documents for the MTR and court date. Even if you don't have joint accounts, by now you should have some bills or accounts in your name with the same address as your husband's bills and accounts.
 
If the I-130 was denied, it included the procedures for him to follow to file an Appeal to the BIA on form EOIR-29 with the required fee and evidence and/or brief (letter, affidavits, etc...).

If the appeal is not filed on time, they may reject it as untimely OR if it is well supported, they MAY treat it like a motion and make a new decision (favorable or unfavorable). The Immigration Judge will have no authority to decide an I-130. One must already be in place for the IJ to consider the merits of the I-485.

You need to concentrate on the evidence to support the bona fides of the marriage. Get an affidavit from that neighbor correcting his uninformed statements to DHS Officers. This evidence is important to BOTH decisions.
 
Thanks guys for responding. We have all these evidences, the neighbour that talked with the dhs officers has moved.I am relieved to know that there is still room for a reconsideration. What if the court date comes before the appeal is considered?. What do I expect on a court date, there is still no date or time set for that. I wonder when it will come. Again my EAD will be dead in january, what can I do?. Any possibility of renewing it ?. If it dies, my mobility dies too. This has been been very toturous for us.
Thanks in advance
 
Thanks guys for responding. We have all these evidences, the neighbour that talked with the dhs officers has moved.I am relieved to know that there is still room for a reconsideration. What if the court date comes before the appeal is considered?. What do I expect on a court date, there is still no date or time set for that. I wonder when it will come. Again my EAD will be dead in january, what can I do?. Any possibility of renewing it ?. If it dies, my mobility dies too. This has been been very toturous for us.
Thanks in advance

You really need an experienced lawyer who specializes in removal proceedings to handle your case. Your EAD has no value at this point it was revoked / invalid the day your I130 / I485 was denied. As others have stated you need to talk to a lawyer immediately.

Your NTA should have a master calendar hearing date. This is where you meet an IJ for the first time. The Judge at that point will set a date for an individual hearing where whether you can stay or will be removed will be decided.
 
You really need an experienced lawyer who specializes in removal proceedings to handle your case. Your EAD has no value at this point it was revoked / invalid the day your I130 / I485 was denied.

That is not correct; they need to revoke the EAD directly. It is not automatically revoked when the I-485 is denied.
 
Rosaque,
I totally agree with BigJoe5 as u need to put emphasis on the evidence to prove a bona fide relationship/mariage. I would suggest to chase down that neighbor (do whatever u can) to get him to write down a letter (notarized) stating the true facts about you living there with ur husband. This is going to be the turnin point in ur case because I believe this is the strongest evidence they have against u to prove the mariage is a sham.
Good luck
 
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thanks, we are working on tracing his whereabout. Other neighbours around know us when we lived there cos we have moved to a new place. Our neighbours in the new appartment know us. We are hoping we will get him and make him write something that he is sure of about us. would there be need for new evidences like new lease, new bank account, new ownereship of cars and insurances. New affidavits from other people that we did not mention in our response to NOID?. Will they still consider new evidences or they will insist on old eveidence?. We have that, just wondering ,Any clues?
 
In a MTR, you can provide new evidence. So get some notarized affidavits from existing neighbors, if possible.

It might be hard for to get that former neighbor to change his/her statement; however, you might be able to get something from the landlord stating when that neighbor moved in, to show that the neighbor moved in very shortly before the surprise visit, and then use that to make the point the neighbor wasn't there long enough at the time to give a credible statement about whether you lived there.
 
1.Since the old neighbor is gone, have other neighbors that have been
around for while sign affidafits for you. (Several would be great).
This will be used to contradict the observation of one neighbor.
2. Don't get a regular lawyer, get someone who specializes in
Removal/deportation. They cost more but it will be worth it.
3. Your case is not dead yet...Make sure you get a good lawyer that is
assertive and focused.
4. Pray and all will be well.
5. Good luck
 
You had a (c)(9) EAD

8 CFR 274a.14 Termination of employment authorization.

(a) Automatic termination of employment authorization. (1) Employment authorization granted under §274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:

(i) The expiration date specified by the Service on the employment authorization document is reached;

(ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to §274a.12(c) of this part where appropriate); or

(iii) The alien is granted voluntary departure.

(2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.

However, automatic revocation under this section does not preclude reapplication for employment authorization under §274.12(c) of this part.
 
That is not correct; they need to revoke the EAD directly. It is not automatically revoked when the I-485 is denied.

Even though it is not automatically revoked when the I-485 is denied, according to BigJoe's quote it is automatically revoked when removal proceedings are initiated.

However, if your MTR is successful and they reinstate your I-485 on the merits, your EAD validity is also retroactively reinstated.
 
thanks guys for all the info. We have gotten a lawyer and he has sent in a brief explaining with all evidences like new lease, car insurance, bank statement, tax, utilities etc. I am waiting for a court date for the NTA but the attorney said it depends on how soon they treat my case or I may not go for the NTA. I am scared of court. I know I shoulnt but I am . The attorney said that my ead should be on hold as I currently do not have any basis for a new one.I am praying that things work out well for us. It is hard reading the letter for removal proceedings sent to me. I will keep you guys updated. It is a long journey for us but God is faithfull , I know.
 
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