My wife is in removal proceedings. We can't afford a lawyer. What should we do?

C

concernedhusban

New Member
Before I ask questions, let me explain my wife's situation. Here is a timeline of what has happened so far:

August 2007 - My future wife comes to the states on a student visa from Kenya.
January 2010 - My future wife drops out of school and becomes out of status.
July 2010 - My wife and I get married.
October 2010 - My wife gets contacted by an immigration officer and puts her in removal proceedings. The court date is set for May 24, 2011.
November 2010 - My wife and I submit I-485 and I-130 to USCIS.
December 2010 - My wife completes her biometrics.
March 2011 - My wife is denied adjustment of status because she is in removal proceedings. I-130 is still pending.

Another important thing worth mentioning is that my wife does not have a criminal record. I am also a United States citizen. So now that the facts are out, let me ask my questions.

Will my wife be able to get a green card from the judge without a lawyer? If not, is their any lawyers in the Kansas City area that help immigrants out for free or really cheap? If a judge will grant my wife a green card without a lawyer, how do we go about convincing the judge to do so? Are their court fees that we will have to pay? How much money is this going to cost to make this all go away? What are the chances my wife will be deported?

My wife and I are really in love and we rent a house together. I am starting grad school next semester and my wife only has a couple semesters left for her bachelors. But she can't get back into school until she becomes legal again. We really want this whole mess to go away. If anyone can share information we would greatly appreciate it. We are so scared. I don't know what I would do if my wife got deported.
 
you should check your local immigration court internet page. if you are lucky they may be a list of low cost or no cost providers.
 
concernedhusban said:
Before I ask questions, let me explain my wife's situation. Here is a timeline of what has happened so far:

August 2007 - My future wife comes to the states on a student visa from Kenya.
January 2010 - My future wife drops out of school and becomes out of status.
July 2010 - My wife and I get married.
October 2010 - My wife gets contacted by an immigration officer and puts her in removal proceedings. The court date is set for May 24, 2011.
November 2010 - My wife and I submit I-485 and I-130 to USCIS.
December 2010 - My wife completes her biometrics.
March 2011 - My wife is denied adjustment of status because she is in removal proceedings. I-130 is still pending.

Another important thing worth mentioning is that my wife does not have a criminal record. I am also a United States citizen. So now that the facts are out, let me ask my questions.

Will my wife be able to get a green card from the judge without a lawyer? If not, is their any lawyers in the Kansas City area that help immigrants out for free or really cheap? If a judge will grant my wife a green card without a lawyer, how do we go about convincing the judge to do so? Are their court fees that we will have to pay? How much money is this going to cost to make this all go away? What are the chances my wife will be deported?

My wife and I are really in love and we rent a house together. I am starting grad school next semester and my wife only has a couple semesters left for her bachelors. But she can't get back into school until she becomes legal again. We really want this whole mess to go away. If anyone can share information we would greatly appreciate it. We are so scared. I don't know what I would do if my wife got deported.
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Your first mistake was filing the I-485 with USCIS while she was already in proceedings as the Immigration Judge had jurisdiction rather than USCIS. You wasted some money.

The I-130 was filed and must be approved in order to file the I-485 with the IJ. The good thing is that you got married BEFORE she was placed in proceedings so that negates the statutory presumption of a fraud marriage.

Was there an interview? They could still require an interview for the I-130. If the marriage is legitimate and you two have no issue, she should get LPR status from the IJ. From what you have said, she is prima facie eligible for adjustment once the I-130 gets approved.

An InfoPass appointment to check on what's happening with the I-130 might be a good use of time and since she's not in school and not working it might seem logical to have her check BUT that won't work because SHE did not file the I-130, YOU did, so you can check but she can't.

http://www.justice.gov/eoir/statspub/raroster.htm this site has cheap and free legal help AND you should check with the Pro Bono Legal Providers associated with her court location.
 
If you are low income or indigent then you qualify for free or very low cost legal assistance. Problem solved. The money problem, at least.
 
where does one get low cost of no cost legal help for low income? I'm from Maine, I called ILAP for a client I am seeing (mental health counselor) and was told there is a waiting list of a year, what do we do now?
 
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