Immigration/Deportation/Marriage during removal proceedings

Asked about 1 year ago - Seattle, WA

I came to USA on a student visa which got expired. I ended up in a removal proceedings when I met my wife and got married. The Judge gave me one more year for the Master Hearing because I applied for the Greencard since I got married with an American Citizen, had my interview last October and everything was fine though they asked for letter from friends and family, etc. I sent them in January 2013 but the problem is they never got back to me and my Master Hearing is in October. What if they never get back to me by October? What am I going to tell the Judge? Also, I would like to know does the Deportation Judge and the Immigration work together? In other words, does the Judge know that the Immigration never got back to me yet? I can check online and it says it is still in review. Thanks!

Attorney answers (5)

  1. Barbara A Marcouiller

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . You really do need the assistance of a lawyer. It is a complicated process to get the petition approved. There is a higher standard to show the marriage is genuine in your case. When you marry a US citizen after you are already in removal proceedings, there is a presumption that you only married her for immigration purposes, and you need to show a lot more evidence. Also, you then need to deal with the court proceedings on top of it. You really will be glad if you get help!

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more
  2. Greg McLawsen

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . My colleagues are absolutely right - this really does require an attorney. An attorney's job is to be an diligent advocate. Any good attorney will follow up effectively with your friends and family, or find other appropriate documentation to provide to the judge. You probably have a job and a life, and it's hard to keep the legal case at the center of attention. But gathering evidence - even from difficult family members - *is* the job of an attorney. The cost of legal representation may seem expensive, but it will likely be far more financially devastating to lose a deportation case.

    Best of luck.

    Please do not rely on this general information without consulting an attorney. There may be facts about your... more
  3. Habib Hasbini

    Contributor Level 13

    2

    Lawyers agree

    1

    Answered . I agree that it is = very complicated process and it needs a lot of work in order to get the approval for your petition. You need to make sure that you don't mess any important dateline.

    Law Offices of Hasbini 619-200.8986. Free on phone and in office consultation. http://www.sandiegoemploymentlawyer.net
  4. Steven Tanijo

    Pro

    Contributor Level 11

    Answered . My Colleagues are correct, you need a good lawyer to guide you through the process and adjust your status properly. The Immigration Judge does not get updates directly from USCIS. A good Lawyer will take care of all the issues you have mentioned.

  5. Scott Dewayne Mills

    Pro

    Contributor Level 10

    Answered . Please hire an attorney. It is your burden to show the Immigration Court judge (you called him deportation judge) why you merit relief - you must show the judge that your application is in process or is approved. The US Immigration Service that is processing your application is also going to closely scrutinize your case due to the circumstances of your recent marriage.

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