Yes, we have a lawyer and we are not second-guessing him. Can any attorneys who have assisted clients in such interviews share their experience in situations when the alien had entered with a fraudulent passport and has used all legal means to become legal, but without success, and is now married to a USC and seeking to reopen an deportation case (after an approval of I-130)?
The question is not WHAT TO DO AT THIS POINT but rather WHAT COULD MOST LIKELY HAPPEN during or after the interview. Is there enough time to argue the case with ICE in case they come around? Thank you in advance.
The I-130 interview will be only focused on the good faith nature of the marriage. The other issues - the entry with a fraudulent passport, the old removal case - those all go to whether or not he can adjust his status.
If the prior removal was not related to a criminal matter, it is unlikely that ICE would pick him up at the I-130 interview. However, your attorney is going to have far more information and will be able to give you a much better idea of what to expect with the I-130 interview.
Each case is different, so it is very hard to extrapolate from our cases to determine what is going to happen in your case. Many factors can impact on the decision, like for instance the officer assigned to your case. But I am sure that your attorney has discussed this with you and your wife.
I agree with Neil, worst-case scenario is you get arrested and best-case scenario it gets approved.
Get free answers from experienced attorneys.
27,800 answers this week
2,923 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary