In removal proceeding for an expired F1 visa,got arrested by US Marshal at my DWI court hearing

Asked over 1 year ago - Gloversville, NY

Am currently married to my fiance who is USC,can I go on and file my I-130 and work permit,and if yes,when do I file my change of status and what procedures do I take from now,my master hearing is in April.I have been with my fiance since 2009 and the prosecutor has it on file that I was planning on getting married to my fiance prior to getting arrested.
By any chance,can I find a lawyer to help me with this but I may need time to make installment payments,any great ideas are welcome.Thank you!

Attorney answers (6)

  1. Irene Vaisman

    Contributor Level 20

    7

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    chosen by asker

    Answered . You are on the right track by looking for an attorney. Find one early enough, get married, file the I-130. Most attorneys have payment plans, especially with removal cases.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  2. Daniel E. Green

    Contributor Level 13

    6

    Lawyers agree

    1

    Answered . Normally, you can concurrently file forms i-130, i-485, and work permit petition i-765. But from the sounds of it you may very well be in removal proceedings or be on the point of being placed in proceedings. DHS goes full bore after people with DWI's, in my experience, as much as they ever have.

    Consult with a competent attorney or BIA-accredited representative as soon as possible.

    -Dan

    Daniel Green, Esq.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402

    This answer should not be construed as legal advice and should not be relied on to take any action whatsoever;... more
  3. Nicklaus James Misiti

    Contributor Level 19

    6

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    1

    Answered . At this point your case is going to be much more complicated than simply filing forms. You need to hire an attorney immediately. My firm handles marriage based immigration & deportation defense in your area.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  4. Darryl Wayne Genis

    Contributor Level 7

    6

    Lawyers agree

    2

    Answered . You will want to act quickly. First locate and hire an experienced Immigration lawyer. Then follow the lawyers advice to the letter.

  5. Samuel Patrick Ouya Maina

    Contributor Level 19

    6

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    Answered . I am glad to hear you are looking for a lawyer. You will be greatly helped by having counsel in your removal proceedings and in the filing of the I130. Many lawyers are willing to work out an installment plan for you.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  6. Stephen D. Berman

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . You can request adjustment of status before the immigration court. You should look for a lawyer to help you with this.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
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