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.
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.
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 firstname.lastname@example.org Enjoy our Blog at http://immigrate2usa.blogspot.com/
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.
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.