derivative asylum - in removal

T

thatsonlyme

Registered Users (C)
here is my situation: me and my gf of 4 years overstayed our visas for about 3 years. we got arrested last month by ICE and released on bond.
now I'm planning to apply for asylum or withholding of removal. the question is, can I add my gf on my application as derivative asylee if I marry her? we shouldn't have any problems proving that we lived together all those years, we have joint accounts, leases, insurance etc.
her court date is before mine so I'm not sure how we can do that. different lawyers told me different stories, now I don't know who to believe.
 
thatsonlyme said:
here is my situation: me and my gf of 4 years overstayed our visas for about 3 years. we got arrested last month by ICE and released on bond.
now I'm planning to apply for asylum or withholding of removal. the question is, can I add my gf on my application as derivative asylee if I marry her? we shouldn't have any problems proving that we lived together all those years, we have joint accounts, leases, insurance etc.
her court date is before mine so I'm not sure how we can do that. different lawyers told me different stories, now I don't know who to believe.
Click to expand...

You only put her with you as a spouse (not girl friend) and that can be true if you are legally married. It is not difficult to get legally married, you can get it done in a single day.
 
thatsonlyme said:
her court date is before mine so I'm not sure how we can do that. different lawyers told me different stories, now I don't know who to believe.
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How did ICE find about your overstay status?

In the first master hearing, she can ask the judge to give her more time to get a lawyer.
 
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ICE normally rounds up criminal illegal aliens, not just those who are just illegal aliens.

ICE rounds up those aliens, who are charged with or convicted of crime in US.

It has become very serious, so if you are illegal alien who has pending criminal case or has been convicted of a crime, you are 80% sure to get rounded up and sent to court for removal proceedings. ICE knows the door of the alien and the starts from there.

also, even if you are a legal alien or even got GC, you won't be deported just for being charged of a crime or you got your criminal case dismissed, but if you got convicted of a crime as small as a shop lifting or DUI arrest even if it doesn't result in injury or deaths, it is 80% sure, you too will be placed in removal proceedings.
 
assylum said:
How did ICE find about your overstay status?
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that's what I asked them when they showed up at my door. they wouldn't tell me though, so i believe that some jealous bastard called up on me. It's not like I was talking about my status to everyone, very few people knew, and I don't suspect on anyone in particular.
I have no criminal record whatsoever and also in detention center I met some people who claimed not to have any criminal record either.

I was thinking about marrying my gf before the court date, sorry for not making myself clear on that one.

my lawyer didn't think about it as a greatest idea, that's why I'm asking for details here.

thanks
 
Hey, why did you wait 4 years before filled for asylum?
You must file I-589 during your first year in US, not when you got busted.
Did you work in US? Did you pay taxes? Im asking because Judge can look at your case and and simply denied because you didn't pay taxes.
 
I waited because originally I didn't want to apply for asylum. I was a refugee during the war in bosnia, and that was the most traumatic experience in my life, I didn't want to be a refugee again. besides, I had information that bosnians do not get approved for asylum anymore and I didn't want to take a risk of being denied and sent back. I figured I'll just stay here until the law changes eventually or apply for relief after ten years in us.
I did work in us, paid my taxes every year using my real social security number and always tried to stay out of trouble, obeying all laws except for working without authorization, for obvious reasons - I had to pay my bills and survive.
 
PunjabiJaTT said:
johnny 1

Am Totally not agree with u ....just stop scaring ppl here...........
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punjabai, before you say "I AM TOTALLY DISAGREE WITH YOU".
Read the facts, ask your lawyer about these.

You sound as if you are totally ignorant of whats going on around this nation regarding illegal aliens and legals aliens who have criminal records.

this is not punjab, here unless you are a citizen of the UNited states, USCIS does deport both legal and illegal aliens for criminal convictions and living in the country unlawfully. wise up, you scare yourself when you don't know the law!

I am scaring nobody here! I pity u ! hey btw, you got no GC?, no welcome letter?, I-485 denial? denied cos you have criminal convictions? state reason!
 
jonny1 said:
ICE normally rounds up criminal illegal aliens, not just those who are just illegal aliens.

ICE rounds up those aliens, who are charged with or convicted of crime in US.

It has become very serious, so if you are illegal alien who has pending criminal case or has been convicted of a crime, you are 80% sure to get rounded up and sent to court for removal proceedings. ICE knows the door of the alien and the starts from there.

also, even if you are a legal alien or even got GC, you won't be deported just for being charged of a crime or you got your criminal case dismissed, but if you got convicted of a crime as small as a shop lifting or DUI arrest even if it doesn't result in injury or deaths, it is 80% sure, you too will be placed in removal proceedings.
Click to expand...

I would beg to differ on this. I had ICE knocking on my door at 5am looking for my brother. He was reported by his college. We were all rounded up. We never had any criminal records. It is easier for ICE to round you up if you have a criminal record. However, ICE is very active in their effort in rounding up people who are here illegally and out of status.

The day we were rounded up, while waiting at the detention center, we saw so many people getting brought in. Quite a few were students as colleges are actively working with ICE. There was this guy who just married to get a GC. He was busted by ICE because ICE got the guy was sleeping with another woman in one house and his supposed wife was sleeping with another man in another house. Believe it or not ICE has vast resources to round people off.
 
Your case will be denied 100%. You should have filed within the first year of entry to the U.S. The judge will not buy Your ferry tail about the war in Bosnia.
 
thatsonlyme said:
here is my situation: me and my gf of 4 years overstayed our visas for about 3 years. we got arrested last month by ICE and released on bond.
now I'm planning to apply for asylum or withholding of removal. the question is, can I add my gf on my application as derivative asylee if I marry her? we shouldn't have any problems proving that we lived together all those years, we have joint accounts, leases, insurance etc.
her court date is before mine so I'm not sure how we can do that. different lawyers told me different stories, now I don't know who to believe.
Click to expand...

My friend:

Under immigration laws, there is no just a girl friend. There is what they call fiance', which is open to US citizens only. In your situation, you have to marry your girlfriend and have marriage certificate handy, or leave her alone. If you make the decision to include her in your application as your wife, make sure you have a marriage certificate. It is a big deal; If you don't have it, your application will take forever. They won't approve your application without it. Don't waste your time with lawyers or other people. You either have to say Marriage or single...no girlfriend...there is no space for Pf gf...
 
@ roxy2009 there is no such thing as 100% and as long I have 0.001% chance, I'm ready to fight.

@ faysal I failed to properly explain myself. she is currently my girlfriend, of course I'm going to marry her and include her as my wife. I need a lawyer for asylum case, not marriage.
 
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