h1 visa holder in removal after green card denied?

[alpha7815]

A friend of mine recently divorced with his citizen ex-wife. and didn't go to the interview for the conditional green card.
Of course the green card application was denied.
(No EAD has been applied along with the green card.)

He entered US with F1 visa, graduated with a master degree 2 years ago, then OPT(Optional Practical Training) and now a valid H1 working visa. the job is stable. He has never been out of status in US.

But a weird thing happened. He received a mail from USCIs stating the removal process began.
And it's because the F1 visa status expired 2 years ago.

it's scheduled for hearing in the local USCIS office in December.
Should he ask to accelerate this process? or just wait to December?
(this matter is bringing anxiety. it's better to settle it as soon as possible. but USCIs can mess up so much. they already had the wrong conclusion that the subject should be deported just because F1 visa expired.)

Will my friend be ok just by showing the valid OPT, H1 document? Are there any risk in this case?

 

[aosing]

Will my friend be ok just by showing the valid OPT, H1 document? Are there any risk in this case?

There is always risk when you are in removal proceedings. Your friend should hire a lawyer. If, as you say, this is a clear error because he should have a valid H1 status and has had no interruptions in his status in the past, then he could try going for an INFOPASS session to try to clear it up, but since removal proceedings have already been initiated they may leave it to the hearing to deal with it. Your friend should make sure he has plenty of documentation that he has been in status (school attendance, degree, date of and compliance with OPT and H1 status etc) and get an immigration lawyer to help him sort this out.

 

[alpha7815]

thank you!
My friend went to the infopass today and there is no any information available from the local office. it's said that only the judge can straight it out.

There is always risk when you are in removal proceedings. Your friend should hire a lawyer. If, as you say, this is a clear error because he should have a valid H1 status and has had no interruptions in his status in the past, then he could try going for an INFOPASS session to try to clear it up, but since removal proceedings have already been initiated they may leave it to the hearing to deal with it. Your friend should make sure he has plenty of documentation that he has been in status (school attendance, degree, date of and compliance with OPT and H1 status etc) and get an immigration lawyer to help him sort this out.