in removal proceding, what to do? Please help!

M

muk123

New Member
Hi

My political asylum case was in removal procedings with the immigration court. I was scheduled for a master hearing on Apr. 4, 2006. I missed this hearing due to confusion on my part, and the judge, from what I understand, ruled the case against me because I did not show up.

Now this was the second time I was supposed to go before the court. The first time was in Feb. 2005, when I went and the judge rescheduled the hearing to allow me time to look for an attorney. Unfortunately I was not able to find an attorney due to financial reasons.

After the Apr. 2006 date I did file a motion to reopen the case, but the judge denied my motion. From what I know I have 3 options from here:

1. file for an appeal;
2. file a motion to reconsider, in order to try to reopen the case with the current judge;
3. leave the country (dont realy want to ;)

Also I should note that I got married recently and my wife could petition me.

So in this situation what should I do? Thanks in advance for any advice.
 
muk123 said:
Hi

My political asylum case was in removal procedings with the immigration court. I was scheduled for a master hearing on Apr. 4, 2006. I missed this hearing due to confusion on my part, and the judge, from what I understand, ruled the case against me because I did not show up.

Now this was the second time I was supposed to go before the court. The first time was in Feb. 2005, when I went and the judge rescheduled the hearing to allow me time to look for an attorney. Unfortunately I was not able to find an attorney due to financial reasons.

After the Apr. 2006 date I did file a motion to reopen the case, but the judge denied my motion. From what I know I have 3 options from here:

1. file for an appeal;
2. file a motion to reconsider, in order to try to reopen the case with the current judge;
3. leave the country (dont realy want to ;)

Also I should note that I got married recently and my wife could petition me.

So in this situation what should I do? Thanks in advance for any advice.
Click to expand...


If your wife is US Citizen you:

1. Get a good lawyer
2. Apply for PR through marriage immediatly.

If your wife is not a US Citizen but a PR then you should GET A LAWYER and a good one too.
 
Excuse me for my ignorance, but what is a PR?

Also what about the court order? Should I just ignor that?

Yes my wife is a US citizen, but she got her citizenship in 2004-2003. Is that going to effect anything?

Thanks in advance.
 
What on earth were you thinking when you missed your court hearing? Attending is a solemn obligation. It is your responsibility to contact the court if you cannot make it.

Ignoring a deportation order???? Are you kidding? This is a very serious. If you have final deportation order and show up for your interview (after you marry your citizen wife), you are subject to immediate arrest by the ICE on the spot. This tragedy happens at the New York immigration office at least once a week.

What you need is an experienced immigration counsel who can sort out this mess for you. Do not think about proceeding pro se.
 
Last edited by a moderator:
I have to concur with Thankful. I think the big RED flag is you missed the court appointment. I can only guess you were afraid for an immediate deportation should the case go against you?

I think to get clear advice you have to come clean with your details. Why did you skip the appt? Both times? and what is the timing of your marriage? When did you get marriage? between your application, or court dates? or after the denial? It goes to establish intent, and legitimacy of marriage.

I don't think your wife citizenship in 03-04 really doesn't matter. As long as she is a US citizen.

It is also clear that you will need some serious representation. And that may not assure you any kind of relief.

As for the marriage, I would immediately question the marriage, because you missed the appt/s.

PR= Permanent Resident

PS: I am no legal counsel just an applicant like you, I am only sharing my opinion based on the facts you shared and what my thoughts are. Definitely act accordingly and seek the actual advice from legal counsel! Goodluck!
 
married usc is not the answer to your problem..
becareful here.. uscis may giving you EAD after you apply for I-485 ...but once you go for interview they will lock you up.
please hire a lawyer for this matter.
 
yes yes hire an experience lawyer..a friend of mine used to leave in new york and he got a deportation letter but ignored it and moved to virginia and
later married a US Citizen who later filed for him and on the day of interview that was the day he was deported.
 
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