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I-130 interview. What could happen that day, best and worst case scenario?

Tampa, FL |

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.

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Attorney answers 5

Posted

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.

Asker

Posted

Thank you very much for your time.

Kyndra L. Mulder

Kyndra L. Mulder

Posted

If your husband has an outstanding removal order he is not eligible to adust status. What will have is; the I-130 will be approved IF the adjudication officer finds that you have a bona fide marriage. He may then be taken into custody depending on why he was deported. There is no way around the fraud in entering the US. He will need a waiver for the fraud and the overstay and possibly some other issues.

Asker

Posted

Does the detaintion of the alien happen all the time ? or if a hardship case is ready along with the waivers of fraud can be shown that we are ready to file will somehow get a discretionary relieve from the ICE. We also have US born kids and the aliens parents are here legally too. The goal here is to get a old case reopen, but after the I-130 is approved, and how to pass that without ending up in detention is the millon dollar question.

Rebecca T White

Rebecca T White

Posted

For the most part ICE is trying to focus resources on high priority cases. But there of background here that is unknown. If you are working with your lawyer and have waivers prepared and the motion to reopen and supporting documents in process, that is likely helpful. There isn't going to be any way for anyone to promise that detention won't happen - it is a risk. How high of a risk you should discuss with your attorney.

Kyndra L. Mulder

Kyndra L. Mulder

Posted

You have a number of questions and issues to be resolved. I suggest you invest in a consultation with an experienced immigration attorney. Kyndra L Mulder, Esquire The Mulder Law Office, P.A. 4110 Southpoint Boulevard Suite 101 Jacksonville, Florida 32216 (904) 296-7702 www.MulderLawOffice.com -------- Original Message -------- Subject: Someone has commented on your comment

Posted

As you stated, you have a lawyer. He/she knows the facts of your case. We do not. You therefore need to be asking your questions from your lawyer.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

The I-130 interview is solely to go over the bona fides of the marriage. If he has a prior deportation order, worst-case scenario is that ICE can arrest him. Best-case, I-130 is approved and you can re-open removal proceedings.

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

Posted

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.

Good luck.

Posted

A motion to reopen removal proceedings should be filed either with the immigration court with jurisdiction or the BIA. Worst-case scenario is he can be detained at the interview. As far as what is most likely, your attorney would be your best resource to obtain this answer.

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