What will happen after you are detained by ICE although you are married to a US citizen for 3 months?

l got arrested by Border Patrol agents at my local DMV office for being out of status as a student even though my visa will expire next year. I was detained for a few days and released on a bond and will have to appear before an immigration judge at a later date.I am currently not in school but in the process of been admitted in a another school. My wife has not yet petitioned the i130 for me yet ; we are in the process of doing that though. What steps or actions can l take? Also if l hire an attorney do l still have to be present on the court date before the immigration judge or my attorney can represent me? Thanks

Middlebury, VT -

Attorney Answers (1)

J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

Yes you need to hire an attorney. And yes, you will have to appear in court even if you have an attorney.

Being placed in removal proceedings is serious. You can be ordered removed from the US, which would result in you not being able to come back for some time. You need to take it seriously.

The fact that your student visa is still valid is meaningless. You status depends on you complying with all of the requirements for the student visa, including attending school full-time and making progress toward graduation. If you have violated the terms of the visa, you are out of status regardless of the expiration date of your visa.

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