will face immigration Judge, any chance for me?? Please Help

[niceperson]

dafortycal

very very good information, thank you so much for your information

by the way, on the Notice of Appear

this is box is empty

This notice is being issued after an asylum officer has found that the respondent has demonstrated a credible fear of persecution or torture

I remembered that when I was in Miami International Airport, No officer asked me this kind of questions , since I refused to answer the questions and refused to sign on the Notice To Appear

so I think I might tell the judge that I did not understand what is that, and I need ask for asylum , is possible when I see the judge?? I think for the master hearing, there is breief hearing , I will go to LA Immigration Court to have a look before my master hearing next week

 

[niceperson]

I think they did make copy of my Chinese Passport, but my passport is valid already this Jan, so it might take while to renew the Chinese Passport

When immigration arrests a person, they have certain rights. One of them is to contact someone from their home countrys government. Most people don't want to do it.

There are certain countrys that immigration is required to notify if one of their citizens are detained or arrested, China is one of them. To be honest, it really doesn't do a lot of good for you, but it is a right. Being detained for 9 hours sounds like a long time, they might have contacted your government and you wouldn't know it, the paperwork should be in your file.

You should have also been given your rights on a form I-826, the NTA also has your rights on it. That really isn't a big deal since you were released, but you would have been made aware of your right to contact them. On the I-826, you could have requested to see a immigration judge and/or make the claim that you were fearful of returning to China. You can still make that claim when you see the immigration judge, that will delay your case even further.

I'm really surprised they allowed you to keep your passport, they really screwed up. Without a passport, it is harder to deport you back to China, they should have at least made a photocopy of it. Maybe they did...

 

[dafortycal]

You can apply for a waiver, I believe it is a 212(h)

 

[niceperson]

You can apply for a waiver, I believe it is a 212(h)

thank you so much, I don't know if I can, since I only live in The States less 5 years and also I just got my GC on 2005, I went to the States first time on Dec of 2004, so I don't know if I can really apply for wavier or not, so stressful now, need to see criminal lawyer tomorrow in LA

 

[niceperson]

different lawyer had different opinions,I am kind of tired now, is anyone had experience in Immigration court???? I called 1-800 number, the court can not find my information yet, so i think maybe soon, its just matter of time

I am so stressed now, had hired the criminal lawyer for 7000$ for doing my PCR( Post Conviction Relief), now the lawyer is busy for something else, Hope he will do the good job for what I pay

 

[niceperson]

Immigration lawyer told me, if I pay him, in the immigration court, he will argue with court for I am not an arriving alien, then if this sucessful, I can marry for my citizen BF for apply 485, right?

i don't know if there is some chance for argue of I am not an arriving alien

No, he was charged under the correct section. Section 237 is removability, his problem is inadmissiblilty. The crimes make him an arriving alien and 2 CIMTs make him inadmissible. He is not removable under 237, but he is inadmissible under 212. Had he sought the advice of an immigration attorney prior to the criminal trials (most criminal attorneys know nothing of immigration law and a deal that is good for a US Citizen may be catastrophic for a non-citizen.

You are right that he could have been detained without bond as a criminal arriving alien under the mandatory detention regulations.

Yes, there may be some hope with post conviction relief but if you try to do this without an immigration attorney you might as well just pack your bags. You need to move fast too since I have never seen an Immigration Judge who will continue a case while post conviction relief is sought.

Jim Mills

 

[niceperson]

today I called 1800 number, my master hearing is set on next month, so any good suggestions for needing an immigration lawyer for the first time?

I am so stressful now , I talked a lot of immigration lawyer, everyone gave me difference ideas and information, now I only have my criminal lawyer for my Post Conviction Relief Case

I also went to the Deferred Inspection on Feb , The immigration Officer issued me -94 card , said 240 pending hearing before IJ

also my passport stamped like this:

processed For 1-551 Temporary Evidence of lawful , Admission For permanent residence valid until 2009 Aug

but my notice of Appear said , I am an arriving alien

I am so confused, so one of my immigration lawyer I interviewed said we can argue with I am not an arriving alien

 

[niceperson]

long time I did not update my cases, I am going to my 2 court on july, and I hired immigration lawyer, I did hire criminal lawyer , my criminal lawyer did my post conviction relief, vacate my plea, post conviction relief motion granted, but judge forces us for trial, very very bad luck for me last week for my jury trial for this 1st offense, I lost jury trial, so now I will going to jail for 45 days( even when I finished all programs and and previous sentences, seems, the judge will not allow to credit, I am so stressful now, my criminal lawyer will appear for the jury trial, and he said will take 1 year, during the waiting for appeal time, I can bail out for appeal, so I decided to appeal and during time being, buy my time for immigration court, my immigration lawyer said she will argue with me my 2 convctions 647(b) is not CIMT, I don't know if she will be sucessful tell the judge for that or not, if that does not work, she said I can marry to my Citizenship boyfriend, then re gain my Green card, I thought I was charging with an arriving alien, I can not re ad just for that, but my criminal lawyer said, I can do that , but have waiver , is that correct?

I am so crashed now and stressful, I had paid more than 20000 bucks for both criminal lawyer and my immigration lawyer now, now I don't have any more money for fight the cases, borrow all the money from family and friends in China and here in the States

so wish me good luck, thank you guys for your help