notice to appear before a jugde letter, pls help!!

R

rosaque

Registered Users (C)
pls help!!. I am on deportation, any way out!!

Hi please help us , my situation is ,i have been married twice, first marriage did not work out and we divorced. he did apply for me but we never went for any interview. I later married my current husband, we went for interview and they said they will get back to us and they never did until after two years after the interview. They visited our home and met a neighbour that moved in few moths ago and he doesnt know me and he said I do not live there. six moths later we got a notice of intent to deny stating that our marriage was sham, that the first was a sham and the the current is too. They were never shams, I was just unlucky the first time. I did not even have any proof that we were together as I never worked while with him,or have any bank account with him, cos he kept saying we will do all that later but it never came since we started having problem soon after. Anyway, we responded to the notice of intent to deny explaining the situation about the visit and the neighbour but last week, i got a certified mail to see the jugde, no date or time. we were shocked. what are my options?. Is there anything my husband could do?. They wrote him explaining why his petition was denied but said he can appeal within 30 days. What are my chances?. My letter said I overstayed my visa and so i am removable. Does that mean deportation right away? will the judge order my deportation when I go to meet with him?. We are planning to meet with an attorney nextweek but it seems like I am dead already. What are the likely hope we have?. Of course my husband is with me all the way but I do not know if it will help. we did not get any attorney to respond to the NOID so we had loopholes in our response. Can it it be corrected or is too late to give a better audience or submit more proofs?. somebody please help. we are now married for 4years.
we live in Brooklyn , NY. Please help
 
Please some one talk to me!!. I am a dilema

I posted that i have been called to see a jugde. What options do i have? can I ever be approved if my husband appeals my case?. How long does it take to hear from them?. I do not have a date or time set. Can my husband still refile for me?. infact I need suggestions, i will be seing an attorney but We want to get feed back. please respond to me, I am dying inside of me with fear of deportation. Thank you in advance
 
You need a lawyer, not an anonymous web forum. Have the lawyer file a Motion to Reopen ASAP. You are not dead yet.

Gather your documents for the MTR and court date. Even if you don't have joint accounts, by now you should have some bills or accounts in your name with the same address as your husband's bills and accounts.
 
If the I-130 was denied, it included the procedures for him to follow to file an Appeal to the BIA on form EOIR-29 with the required fee and evidence and/or brief (letter, affidavits, etc...).

If the appeal is not filed on time, they may reject it as untimely OR if it is well supported, they MAY treat it like a motion and make a new decision (favorable or unfavorable). The Immigration Judge will have no authority to decide an I-130. One must already be in place for the IJ to consider the merits of the I-485.

You need to concentrate on the evidence to support the bona fides of the marriage. Get an affidavit from that neighbor correcting his uninformed statements to DHS Officers. This evidence is important to BOTH decisions.
 
Thanks guys for responding. We have all these evidences, the neighbour that talked with the dhs officers has moved.I am relieved to know that there is still room for a reconsideration. What if the court date comes before the appeal is considered?. What do I expect on a court date, there is still no date or time set for that. I wonder when it will come. Again my EAD will be dead in january, what can I do?. Any possibility of renewing it ?. If it dies, my mobility dies too. This has been been very toturous for us.
Thanks in advance
 
rosaque said:
Thanks guys for responding. We have all these evidences, the neighbour that talked with the dhs officers has moved.I am relieved to know that there is still room for a reconsideration. What if the court date comes before the appeal is considered?. What do I expect on a court date, there is still no date or time set for that. I wonder when it will come. Again my EAD will be dead in january, what can I do?. Any possibility of renewing it ?. If it dies, my mobility dies too. This has been been very toturous for us.
Thanks in advance
Click to expand...

You really need an experienced lawyer who specializes in removal proceedings to handle your case. Your EAD has no value at this point it was revoked / invalid the day your I130 / I485 was denied. As others have stated you need to talk to a lawyer immediately.

Your NTA should have a master calendar hearing date. This is where you meet an IJ for the first time. The Judge at that point will set a date for an individual hearing where whether you can stay or will be removed will be decided.
 
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