immigration hold

pandora

Registered Users (C)
#1
hello all,

it's my first time here so i'm not sure if what i'm asking has been covered before.

my husband was caught on dui and now on immigration hold. he came with false passport in 1994 and was detained/interviewed at the airport but was let go to return for immigration hearing in a few months. he made a mistake on the date and showed up a day late. he did not know he got exclusion in absentia and his lawyer did not tell him either. he got his ss and work permit so he thought everything was okay.

we got married in 1996 and got a lawyer to change his refugee status. that's when we found out about his exclusion. we filed for motion to appeal but was denied in 1997. we finally did get i130 approved in 2001 but that's about it.

ice agent finally talked to him after he's been in jail a month. he was told that he will serve his time for dui and then ice will pick him up and will go from there. can someone give me some input on what will happen to him on this immigration hold? we have a son and we really don't want to break up our family. is there anything i can do/file so he can stay? i really appreciate any help.
 

namecheckvictim

Registered Users (C)
#2
Did you file the I-130 before April 30, 2001? That is very important if it was filed before that, please look at the I -130 reciept date on the I -797 Notice of Action on that approval letter.
 

pandora

Registered Users (C)
#3
I-130 filed 8/5/96. I-797C dated 8/8/96. we did our I-130 interview in 1/27/98. Notice of Approval I-171 dated 4/4/01 and it was marked #8 The approved petition is held in file pending IJ decision.
 

BigJoe5

Registered Users (C)
#4
If the information you have given is correct, it appears that he would be eligible to file for adjustment of status with the Immigration Judge under INA 245(i) and would be subject to the additional $1,000 penalty in addition to the regular filing fees. BUT, he would still have to be admissible under the immigration law. A simple, single DUI alone should not prevent adjustment. If there is anything else in the mix, he could require an additional waiver (form I-601, with another fee). Check with an attorney about ALL the fine details of the case, leave nothing out in talking with an immigration attorney.
 

pandora

Registered Users (C)
#5
we did file for I-485 back in 11/2001. i just saw paperworks now that we had interview scheduled for adjustment of status form I-485 on 8/22/03 and another date on 11/7/03. our lawyer lost his license in january 2003. so my husband got scared that it was a trick to catch and deport him. he was hearing a lot these happening back then. after all the years we've been waiting for the adjustment of status interview, it had to happen when we did not have any representation. so we did not attend the interviews. can we still reapply for I-485?
 

pandora

Registered Users (C)
#6
"§ 1.7 A. Dealing With Immigration Holds and Detainers

If an "immigration hold" is placed, obtain a copy of the paper. It may not be an immigration "request to detain" at all, but merely a notice the noncitizen is under investigation by the INS, which does not justify detaining the client."

i really have no knowledge of this ice as we used to deal with ins, but where can i obtain a copy of immigration hold paper as mentioned above?
 

namecheckvictim

Registered Users (C)
#7
Your I-485 is considered abandoned at this time, since it's 7 years old now, I don't know if filing a I-824 Application For action on an approved petition to jump start the approved I-130 and I-485 will do wonders for you but it sure will be helpful.
With a I-130 filing and approval prior to April 30, 2001, he sure has a good chance at getting a GC, I will recommend hiring a good attorney in a complex case like this.
 

BigJoe5

Registered Users (C)
#8
You do not have a chance of reviving the old I-485 which will have been denied as abandoned. You actually got the appointment notice but ignored it. The old I-130 is still OK, you have the approval notice. You can use that to file a new I-485 with the IJ. Depending on how he originally eneterd the U.S., he may or may not have to pay the penalty. SEE: http://www.uscis.gov/portal/site/us...nnel=02729c7755cb9010VgnVCM10000045f3d6a1RCRD for information about filing for adjustment before the Immigration Judge. Even though you had a bad experience with attorneys in the past, you need one now. Check the attorney against the list of disciplined immigration practicioners posted at this website.


8 CFR 103.5 (a)

(2) Requirements for motion to reopen. A motion to reopen must state the new facts to be provided in the reopened proceeding and be supported by affidavits or other documentary evidence. A motion to reopen an application or petition denied due to abandonment must be filed with evidence that the decision was in error because:

(i) The requested evidence was not material to the issue of eligibility;

(ii) The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period; or

(iii) The request for additional information or appearance was sent to an address other than that on the application, petition, or notice of representation, or that the applicant or petitioner advised the Service, in writing, of a change of address or change of representation subsequent to filing and before the Service's request was sent, and the request did not go to the new address.
 

pandora

Registered Users (C)
#9
Thanks BigJoe, for your information.

More questions...Right now he's serving his time for DUI and the ICE agent told him he will be transferred to ICE. Once he's there, can he be release on bail? He had exclusion in absentia in 1994. The ICE agent never showed him a copy of his immigration hold paper, can I get a copy of it?

He's also asking me to ask this forum because he heard it from someone before. Somebody had deportation from early 1990's and was held at ICE for about a year, but was released. This person had to sign some kind of paper and had to come back every week to sign up again. Does anybody know what this is?
 

BigJoe5

Registered Users (C)
#10
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dafortycal

Registered Users (C)
#11
He has a removal order already, he isn't getting a bond. The agent is not required to show him a copy of his hold, that document is for the jail. The jail could give him a copy. The person that was released and ordered to report back was given a Order of Supervision, normally given to aliens that can not be returned to their own country. His only hope is to file a MTR, but that normally doesn't change the outcome. He should leave and come back legally.


Thanks BigJoe, for your information.

More questions...Right now he's serving his time for DUI and the ICE agent told him he will be transferred to ICE. Once he's there, can he be release on bail? He had exclusion in absentia in 1994. The ICE agent never showed him a copy of his immigration hold paper, can I get a copy of it?

He's also asking me to ask this forum because he heard it from someone before. Somebody had deportation from early 1990's and was held at ICE for about a year, but was released. This person had to sign some kind of paper and had to come back every week to sign up again. Does anybody know what this is?
 

praxx

Registered Users (C)
#12
If his I-130 was filed before 2001 then it doesn't matter if his original entry into the US was uninspected. I don't understand why he cannot file a new 485 before removal proceedings start?
 

dafortycal

Registered Users (C)
#13
You're killing me, a detainer and a hold are the same thing. Both can be dropped at anytime, but notice is never sent out to just tell someone they are being investigate.
You can not get a copy of a detainer from ICE. It isn't meant for anyone but law enforcement.

"§ 1.7 A. Dealing With Immigration Holds and Detainers

If an "immigration hold" is placed, obtain a copy of the paper. It may not be an immigration "request to detain" at all, but merely a notice the noncitizen is under investigation by the INS, which does not justify detaining the client."

i really have no knowledge of this ice as we used to deal with ins, but where can i obtain a copy of immigration hold paper as mentioned above?
 

pandora

Registered Users (C)
#15
He entered with a false passport in NY in 9/1994. His charges were 212a6ci, 212a7AiI and 212a7BiI. With these charges is he in mandatory detention or not? Any info is greatly appreciated.
 

pandora

Registered Users (C)
#16
He was ordered Excluded by Ij in 1/1995. He appealed but BIA dismissed his appeal in 9/95. We got married and did I130 and I485 in 1996 and found out about exclusion. Our lawyer did MTR in 9/96 and was declined in 10/97. I130 was approved in 4/2001
 

BigJoe5

Registered Users (C)
#17
He was ordered Excluded by Ij in 1/1995. He appealed but BIA dismissed his appeal in 9/95. We got married and did I130 and I485 in 1996 and found out about exclusion. Our lawyer did MTR in 9/96 and was declined in 10/97. I130 was approved in 4/2001
The law changed after the last AOS denial. Under 245(i) he can file based on the old I-130 approval filed on or before 4/30/01, if it was "approvable when filed" however, you appear to already have one that was approved before the cut off date.

You indicate 2 I-130's. Why is that? An I-130 is not denied or revoked based on denial of adjustment. An I-130 can only be revoked if the marriage was found to be fraud or if the "bona fides" are too weak when the marriage takes place AFTER removal proceedings have been initiated. Was the first one denied or revoked due to him being in proveedings and a lack of evidence to prove a legitimate marriage?

A Motion to Reopen proceedings and the filing of a new I-485 under 245(i) would seem to be available---see a lawyer about that. The charges you cite involve one fraud/misreprenetation--this can be waived. The other charges would be overcome by the I-485 being approved. The false passport was not a U.S. Passport according to the charges cited. The DUI should not prevent addmission and adjustment.
 
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pandora

Registered Users (C)
#18
You indicate 2 I-130's. Why is that? An I-130 is not denied or revoked based on denial of adjustment. An I-130 can only be revoked if the marriage was found to be fraud or if the "bona fides" are too weak when the marriage takes place AFTER removal proceedings have been initiated. Was the first one denied or revoked due to him being in proveedings and a lack of evidence to prove a legitimate marriage?

There's only one I-130. It was filed in 1996 but did not get approved until 2001. When our lawyer filed for MTR his exclusion in 1996, it was dismissed because we did not have an approved I-130 and they think that we got married to close to the exclusion date which would be a cause for fraud marriage.

Anyway, it's good to know that we have a chance to get his papers together to make him legal after all. One big load off my shoulders. Thank you very much, BigJoe and others, for your all your information and help.
 

pandora

Registered Users (C)
#19
Hello,
Back again with more questions. My husband has been granted stay of removal and also was granted release from custody under bond. He also has a pending MTR with the 2nd circuit. Once he gets out on bond (putting money together), can he file for I-485 at the same time that he has a pending MTR? If he is able to file for I-485 with pending MTR, what happens to I-485 if MTR is denied? Any help is welcome.
 
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