I got arrested while my i-130 case pending.Help pls!

yuja11

Registered Users (C)
Hi,
Me and my wife applied for i-130 i-485 and i-765 on June 20.My wife is the petitioner as a US citizen.I got my fingerprinting done july 11.On July 26 five INS agents came to my house and arrested me because I was out of status for two months when I filled -i485 and i-130.I came to US as a F-1 visa holder and didnt go to schooll after I got married 8 months ago.Anyway today i got release with $3000 bond and they gave me a court date on October 23.Whats ging to happen to my adjustment of status case? is it still on process?Help please
thanks
 
What!?:eek:
Did you show them the receipts for I-485? That should have been sufficent, since now you are not out of status but adjusting status?
 
Five agent showed up at home for being out of status for two months???!! Having entered this country legally and 485 pending...It's shame on them turning blind eye on those illegals coming into this country braking the law and burden to the tax payers.
 
Hmmm. Did you not show the agents your Receipts and Notifications from the USCIS or do you have a deportation order outstanding before you filed for Adjustment of Status?

Only thing I can think of is since you were on a Student F1 Visa, the conditions of which you should remain in school, the reasons might be because your school had already reported you to USCIS even before you applied for AOS. My best guess for now.

When did you officially arrive on the F1 visa?
 
That does not make any sence being arrested because of 2 month being here illigal - Go to court show the judge your petitions and you should be good to go.
 
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There has to more to this than a 2 month overstay. Remember OP was on a Student F1 visa and did not attend school for 8 months. Could be that the school reported that he/she was in violation of his/her status.
 
I reckon there is more to this than just two months of overstay. Perhaps the OP needs to clarify in detail his entire US immigration history.
 
Hi,
Me and my wife applied for i-130 i-485 and i-765 on June 20.My wife is the petitioner as a US citizen.I got my fingerprinting done july 11.On July 26 five INS agents came to my house and arrested me because I was out of status for two months when I filled -i485 and i-130.I came to US as a F-1 visa holder and didnt go to schooll after I got married 8 months ago.Anyway today i got release with $3000 bond and they gave me a court date on October 23.Whats ging to happen to my adjustment of status case? is it still on process?Help please
thanks

i think you need a lawyer asap as it looks like someone has an issue with you and has notifiled immegrations.
 
arrest details

Thanks for the replies guys.First of all there isn’t anything i have done wrong besides not going to school for 2.5 months. and my guess is my school reported to uscis.Second of all when they came to my house 5 in the morning they already knew that i filled my i-130.first agent told me was "we know you applied for your permanent resident card and its obvious that you have a bona fide marriage(since my wife standing next to me ,almost crying in her pajamas).But when you filled your i-485 you were out of status thats why we have to take you with us to immigration office." then they put cuffs on my hands and my ankles.i told them this is where i live and yu cant take me out of here in hand cuffs and they said we ll let you put on a coat so no one sees your hand cuffs. we got out of the elevator.3 agents were with me as the other two stayed up my apartment to talk to my wife.then they took me to immigration office and asked bunch of questions about how i came to US,the schools i went to, the cities i have been to,if i am religious,why i married my wife(what the .....?).then they asked me I f I wanted to see a judge or wanted to be deported. Of course I said I wanted to see a judge .they gave me $3000 bond said my wife can pay it after 24 hours and bail me out. Then they took me to a jail in a bus with around 40 Mexicans. I called my wife and told her about the bond she went to the bond place next day and they said they don’t have my file.This happened for the next 10 days till today.They kept telling her they didn’t have my file so I stayed in jail for 10 days.
So here it is.I don’t even wanna tell you guys about the days in jail with all the immigrants with lots of felonies.
Please tell me all your comments. Anybody knows what s gonna happen to my i-485 application? I actually received my interview letter today for October 25.
Thanks
 
The problem here is you stopped going to school and your school reported you to ICE.

When did you enter the U.S. on the F-1 visa and when did you get married?
 
Yes this si just about the craziest story that i have heard about an F-1 filing for adjustment of status. I have known guys bthat came and neverattended school for like 3 years and they filled and got their stuff, There must be something going on that you do not know. My best instinct is that" some else not just u're school made a call to INS and told them all about you and u're marriage in other to invade immigration rules".,, more of a personal problem by an individual making reports INS takes such reports very seriouslly.
Anyway I would really encourage you t get a lawyer. The night is still young.. and u're interview is comming up, so get one and be ready for stokes interview too.
 
Problem is you gave them reason to arrest.
I think there is something ICE suspect other than overstay and probably you will nevre know what it was.
 
I agree. ICE reckons there is more to this than just 2.5 months of being out of status. Why were they interested in finding out which cities he had visited, if he was a religious individual, etc. I hope everything works out for Yuja11. He needs an experienced (and competent) attorney working for him.
 
I do wanna sue them and i want them to be punished for what they did to me.I cant even explain how bad of a feeling getting handcuffed in front of your wife 5 in the morning for doing nothing.OK I did something wrong by being out of status and not filling my visa application for 2 months but i didnt come to US illegally,i didnt run over the borders,i didnt sell drugs, i didnt hurt anybody or anything in this country.Now I wanna know whats gonna happen?if they wanna send me back to my country me and my wife will go the next day.we dont wanna stay here if the justice and system is as f... up as it is like this.millions of people coming here illegallydoing all kinds of illegal stuff and nothing is hapening to them but me as a responsible person doing everything right and ending up to jail????
 
Yuja11, I can only imagine what you had gone through but don't let yourself down by this incident rather strong and deal with the situation. Being out of status for 2 months is no big crime, I read somewhere you have up to six months time before filling AOS. At this time look at what is important for you and your family and do what is right. If I were you my very first priority is to get the GC at any cost and then deal with those folks. Have you met the judge yet and tried to explain the situation? You got your interview coming soon and I don't see a reason why they would deny your case. Since you have enough time for your interview collect all possible documents and be prepared for a stoke interview.

Good luck
 
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