Denial of I-751 on Nov, 2012. I still have not received an immigration court hearing. I can’t afford to hire a lawyer. What should I do? I am still married to my US citizen husband we have 2 kids and a 3rd on the way. It was denied because he was in treatment for PTSD at the time of the appointment in Nov 2012, and was unable to attend with me.
In order to initiate proceedings, a Notice to Appear must be filed with the Immigration Court. It is possible, although unlikely, that a Notice to Appear was not filed for some reason in your case. The first step in your case is confirming that. You can call the case status information system at 1-800-898-7180 and input your Alien Registration Number. If a record comes up, your case has already been referred to the Court for removal proceedings. If it does not, then an NTA has not yet been filed. Either way, your steps going forward are not that straight-forward, so having an attorney on your side is essential. Most people who are unrepresented in immigration court ultimately get ordered deported from the US. If you cannot afford an attorney, I would recommend that you call the Florida Bar and ask for a referral to a non-profit or legal aid in your area that may be able to assist you for a reduced fee or for free. I would not, however, advise that you tackle this on your own.
Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.
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Not everyone may be placed immediately into removal proceedings upon a denial of their I-751. You may not have been. You really should have an attorney and he/she can help you. An option is to file a motion to reopen your proceedings with USCIS. Under the applicable regulation 8 CFR 103.5, " Any motion to reopen a proceeding before the Service filed by an applicant or petitioner, must be filed within 30 days of the decision that the motion seeks to reopen, except that failure to file before this period expires, may be excused in the discretion of the Service where it is demonstrated that the delay was reasonable and was beyond the control of the applicant or petitioner." Therefore if you can show why the delay was beyond your control and then provide all the evidence of the bona fides of your marriage (especially the fact you have 2 children AND a third on the way, then this may be an option for you. As I said however an attorney should be consulted because the form (I-290B) for the motion to reopen is tricky. Also an attorney can help you gather a lot of evidence, which you will need because your case already was denied. Contact FIAC, in Miami or you can search out other public interest organization including law school immigration clinics in your area. Good luck
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I agree with the Attorney's answers and would add that you should get an immigration lawyer to represent you and file a better I-751 application again. Just because one was denied does not mean that you cannot file again with more and better proof of the bona fides of your marriage. Good luck
Since a Notice to Appear in immigration court has not been issued, you may re-file your 1-751 application and produce the required evidence. Depending on the amount of evidence produced you may be called in for another interview. You should prepare to attend with your husband or have medical documentation as to why he is unable to attend.