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I-130 interview

Atlanta, GA |

Would it be wise to contact in advance the office of chief council and the local ICE supervisor in regard to an interview for a bona-fide marriage, but the alien has an order of deportation for her?. Clean record and lots of suporting evidence for an extreme hardship to a USC, how could ICE receive such a request in advance before an interview has taken place???

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Attorney answers 5

Posted

Is the removal case presently on appeal?

Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response should not be construed to create an attorney-client relationship. Please help stop notario fraud and share this web site: www.stopnotariofraud.org.

Asker

Posted

No, it is an old case since 2003, now they have caled us for an interview even though there is tons of documents submited to prove the 10+ year marriage is real, they are looking to introduce us to the ice,so the attorney in this case thinks it may be better to let them know we are coming and that we intend to ask for a motion to reopen...Good or bad idea???

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

So you have an old removall order and you did not leave? You might end up in detention. Be careful. Did you know that you had an outstanding removal order and you disregarded it? I suggest not go to ICE until you understand what is happpening. Talk to your lawyer.

Posted

No, contact them once the I-130 is approved to start negotiating a joint motion to reopen.

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

Asker

Posted

The interview is scheduled because of the history of the alien with them (not really to prove the bona-fide marriage) , they (ice) very well know we are coming therefore compelling evidence is submited to seek a supervisory discretion while the office of chief council will decide if they would join in a motion to reopen. So without any steps they (ice) will show up and do their job, or on the other hand with lots of considerable evidence for a extreme hardship to a USC could help. Good aproach or not???

Posted

You cannot do that. If an alien has an order of deportation against her and an I130 was filed and an interview scheduled, the alien runs the risk of being detained. This should be considered before the filing of the I130. A motion to reopen should be filed along with a Request for Stay of Deportation along with compelling reasons for the request. Hire a lawyer.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

Posted

In Georgia, ICE Chief Counsel Office will not join you on a motion to reopen. You should have dealt with the deportation order at the same time when ou filed the I-130. If the deportation order was issued in absentia, without the presence of alien, you can file a motion based on no notice. Other than that you must deal with the deportation issue before you move forward. Becasue she have an outstanding deportation order, the alien should file a consent for permission to reapply, then wait for the provisional waiver to file, then the alien will have to leave the country. Despite of all of your steps, issuing an immigrant visa for the alien is not easy.

Good luck

Hassan Elkhalil
www.greencardusa.com
770.612.3499

Posted

Hire an immigration lawyer experienced in removal proceedings now and don't risk being detained when she appears for the interview.

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