removal proceedings and green card interview

G

gregusandola

New Member
I am in USA since 2003, got married to a citizen in October 2009, filled for green card in January. Just a week after I filled all my paperwork I received a notice that I am under removal proceedings and the court date will be set. I received interview notice for April 8th, everything seemed to go ok but today I received a 485 denial saying that I need to see the immigration court first(court date May 14th) and they cancelled our interview. I am sooo nervous. What do you think? Will we be ok in the court, of course my husband will go with me and we will bring all documents but can they still deport me? I am hoping that because everything happened at the same time they are just connfused and since the immigration court has a jurisdiction above th USCIS we need to see the judge first and everything will be cleared up. Please help. Maybe somebody had similiar case?? Thank ypu.
 
Your best choice for proper process is hire a good attorney...since every case is different. It seems there may be an overstay issue or there was some major issue with your application/marriage.
 
yea, I overstayed. There is no issue with my marriage, everything was going good and was approved, we were supposed to have an interview in a few days. We are going to hire an attorney and hope everything will be sorted out. We have nothing to hide, our marriage is true and we love each other very much. We were hoping everythimg would be over soon but no, well, life. It's so nervwracking. Any more thoughts on our situation? Thank you in advance.
 
Did you enter the country with proper inspection? If yes, then from my limited understanding of the laws, you have a recourse for AOS. Otherwise there is little relief available, even w marriage... As usual, I would suggest a good attorney, and not just an attorney. look up avvo.com and/or certified immigration attorney. You have to go thru this process w proper frame of mind. Nervewacking is not going to get you anywhere, so I would suggest you to be calm and compose yourself. Read the laws, educate yourself on consequences and the choices you will make.
 
yES, i ENTERED THE COUNTRY WITH PROPER INSPECTION. Thank you for your advice. I will look for a good lawyer, we have a hearing in 6 weeks, hopefully everything will be fine. I know immigration law is tough but I canot understand why they want to deport me for overstaying even though I got married and filled for AOS before they sent me the notice about putting me in removal proceedings. Anyone knows similiar cases? Is it very difficult to win?
 
You dont need to use CAP to emphasize your point. It's considered screaming. The real question here is why are you in removing proceeding? What's was the reason stated in the letter? Please do yourself a favor and make no assumption that becoz you're married to a USC you're nearly automatically precluded from deportation. It's very important to determine why and when? Get back to us and we can help provide more enlightened answers
 
gregusandola said:
I canot understand why they want to deport me for overstaying even though I got married and filled for AOS before they sent me the notice about putting me in removal proceedings.
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Filing probably triggered the deportation procedure. They would have checked when you came here and then see that over stayed for many years.
 
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