Removal Proceeding

#1
I came to the United States on a B2 Visa in 2016 and I'm currently out of status. I got married to a LPR (Green Card Holder) 6 weeks after I arrived the US and i filed form I-130 in March 2017. My form I-130 application is still pending. I was arrested for a DUI in December 2018. The Phoenix police that arrested me transferred me over to ICE on December 16. ICE transferred me from the Phoenix detention center to their Texas detention Center. I applied for a bond hearing and was giving a bond of $10,000 by the Immigration Judge. I was never informed there was going to be the Master hearing and the bond hearing together on same day. The master hearing was done before the bond hearing and during the master hearing, the judge asked if I have any fear of going back to my country which i answered NO. The judge also asked me to designate a country of deportation and i designated my country. I told the judge I have relief available to me and he gave me 30 days to file the relief. After the master hearing, the judge had the bond hearing and gave me a $10,000 bond. I'm currently out on bond and applied for the case moved down to Phoenix. Now I have a court case coming up in April, is it possible to tell the Immigration Judge i wish to change my pleadings?. I'm planning to file for asylum based on my fear of persecution on religious grounds. My question is will the Immigration Judge allow me to change my pleadings and file for asylum?.
 
#2
I came to the United States on a B2 Visa in 2016 and I'm currently out of status. I got married to a LPR (Green Card Holder) 6 weeks after I arrived the US and i filed form I-130 in March 2017. My form I-130 application is still pending. I was arrested for a DUI in December 2018. The Phoenix police that arrested me transferred me over to ICE on December 16. ICE transferred me from the Phoenix detention center to their Texas detention Center. I applied for a bond hearing and was giving a bond of $10,000 by the Immigration Judge. I was never informed there was going to be the Master hearing and the bond hearing together on same day. The master hearing was done before the bond hearing and during the master hearing, the judge asked if I have any fear of going back to my country which i answered NO. The judge also asked me to designate a country of deportation and i designated my country. I told the judge I have relief available to me and he gave me 30 days to file the relief. After the master hearing, the judge had the bond hearing and gave me a $10,000 bond. I'm currently out on bond and applied for the case moved down to Phoenix. Now I have a court case coming up in April, is it possible to tell the Immigration Judge i wish to change my pleadings?. I'm planning to file for asylum based on my fear of persecution on religious grounds. My question is will the Immigration Judge allow me to change my pleadings and file for asylum?.
 

1AurCitizen

Registered Users (C)
#3
What were the ties to your home country you documented when applying for the B2 visa?

A change in plea (and marriage six weeks after b2 admission) makes you appear desperate to stay in the US by any means possible; asylum would likely be denied. If you had an actual fear of persecution, you would've replied in the affirmative the moment the Judge asked you about it.

Your queries are best suited for a lawyer who has access to your information.. and beyond the scope of a public forum.
 
#4
This is not about desperation to stay in the United States. I have a pending I-130 as at the time I was arrested. I and my attorney were not informed that there was going to be a master hearing on the day I was arraigned before the immigration Judge. I was arrested in Phoenix and transferred to the Texas detention center. I was transferred to Texas before my lawyer could come interview me, so i never had a chance to talk to my lawyer about my case. My lawyer filed for a bond hearing and we were informed the bond hearing was going to hold on January 14, no one informed us that there was going to be a master hearing same day as the bond hearing. My attorney represented me over the phone and not in person, so when the judge informed us that it was a master hearing, my lawyer protested that we were not informed and so wasn't prepared for that but the judge insisted on continuing with the case anyways. My attorney, without my consent responded to the judge that I don't have any fear or persecution and also designate my home country for deportation. It was only after I got out that I went to the attorney's office to explain the true situation of things to him.
 

SusieQQQ

Well-Known Member
#6
As said on the other forum. Your pending I130 is to a LPR. You need to be in status to adjust, and you are not in status, so you have to leave the US anyway to proceed with that. On leaving you trigger a 10 year ban for the overstay. That sounds like a pretty desperate situation for someone who wants to stay,
 

Jbuff

Active Member
#7
I came to the United States on a B2 Visa in 2016 and I'm currently out of status. I got married to a LPR (Green Card Holder) 6 weeks after I arrived the US and i filed form I-130 in March 2017. My form I-130 application is still pending. I was arrested for a DUI in December 2018. The Phoenix police that arrested me transferred me over to ICE on December 16. ICE transferred me from the Phoenix detention center to their Texas detention Center. I applied for a bond hearing and was giving a bond of $10,000 by the Immigration Judge. I was never informed there was going to be the Master hearing and the bond hearing together on same day. The master hearing was done before the bond hearing and during the master hearing, the judge asked if I have any fear of going back to my country which i answered NO. The judge also asked me to designate a country of deportation and i designated my country. I told the judge I have relief available to me and he gave me 30 days to file the relief. After the master hearing, the judge had the bond hearing and gave me a $10,000 bond. I'm currently out on bond and applied for the case moved down to Phoenix. Now I have a court case coming up in April, is it possible to tell the Immigration Judge i wish to change my pleadings?. I'm planning to file for asylum based on my fear of persecution on religious grounds. My question is will the Immigration Judge allow me to change my pleadings and file for asylum?.
Get an immigration lawyer ASAP!!!

For future reference when in any court say you don't understand and would like to retain a lawyer.
 

ananga73

Registered Users (C)
#9
You can always try the asylum route however your chances are slim and none. Your excuse seems far fetched.

Your avenue of relief (marriage) is not really viable because your spouse is not a citizen so you have to be in status to adjust through her, unless she’s going to become a citizen really soon.

Unfortunately I see you getting removed quite expeditiously unless your spouse gets citizenship ASAP, like in maximum a few months.
 
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