Here's their contact info. You may have a bit of a wait, so try to get to the office early (call to find out when the duty officer will arrive).
300 North Los Angeles St # 8037, Los Angeles, CA 90012
You should be able to get your passport back, although it may take a little time if you were in immigration detention, since the detention facility typically has its own set of ICE officers.
I hope that you feel comfortable asking your attorney this type of question. He or she should take the time to explain the process to you and answer any questions that you have, so that you know what to expect. If you've never asked your attorney for this information, or if he or she explained it and you were confused but didn't say anything, you're short-changing yourself by not asking for clarification. Ask your lawyer to send you a timeline of what will happen in your case, so that you know what the next step will be and can be participating in preparing any materials that might be helpful.
If you've tried this and haven't had a good response, do consider changing lawyers. When you're dealing with issues of this importance, it's critical to have someone that you're comfortable working with and who you trust to do the best possible job for you. People sometimes make the mistake of choosing the cheapest person to do the work, and those offices often have to handle such a high volume of cases that client service is sacrificed.
Good luck to you and your family, and if you need to find a new immigration attorney in your area, go through the American Immigration Lawyer's Association, here:See question
There is no inquiry into the criminal record or background of the petitioner when filing an immigration petition. The only question is whether the required relationship exists.
The immigrant's background is only considered when the visa is being processed (for consular processing cases, where the immigrant is outside of the US), or during adjustment of status (where the immigrant is in the US). If the beneficiary has a criminal record, the I-130 could still be approved, but there may be issues with the next stage of the process.
Hope this helps.
I agree with the advice to schedule an InfoPass appointment. I read the other day that USCIS is up-to-date with its TPS processing for Haiti (assuming that is where you are from), so it's unusual that it would be taking this long. For my clients who filed, the decision was made in under 6 months. Are there any factors that might have caused your case to be sent for further review--like a question about when you arrived in the US or particularly serious criminal convictions? If so, you should know that while deportations to Haiti were suspended immediately following the earthquake, there has been some indication recently that they may resume for people with serious criminal convictions who would be ineligible for TPS.
Most likely, however, it's just a matter of the application getting lost in the shuffle, so see what you can find out at an InfoPass. Be sure to bring your receipt notice, the stamped fingerprint appointment notice, your passport and a copy of your submission when you go to your appointment. Good luck!See question
Also, be sure to talk to an immigration attorney when you're preparing to file. You'll need to make sure to have the appropriate certified court dispositions, and some jurisdictions can be stricter than others with interpreting DUIs as evidence of poor moral character. The BAC you site seems VERY high--it's not uncommon for an officer to look at the arrest and the charging documents and question whether your crime was more serious than what you were actually convicted of. Since the good moral character determination is discretionary, and since you will be prevented from applying for citizenship for another 5 years if you're denied on that ground, you should be sure that you're prepared to discuss your rehabilitation process and show evidence that the DUI was a one-time mistake and not a habitual problem.See question
This is the type of question that you really need to hire someone to help you with, since there are all sorts of factors that might be in play (such as where you traveled to--I hope it wasn't the country you are asking for asylum from!) It can be difficult to sort this situation out from outside of the US--do you have someone you trust here who can serve as your point person? Otherwise, perhaps someone in your local area will be willing to take this case and work with you by phone or email. Good luck.See question
I'm assuming this was fairly recent; if not, you might want to talk to a lawyer about possible consequences in your case. In general, fingerprint appointments are usually pretty flexible, so you should see if you can reschedule. The 800 number is a good place to start, but the appointment notice also has some information about how to reschedule.See question
When is your wife eligible to apply for US citizenship? For people who are married to US citizens, the non-citizen spouse is eligible after being a permanent resident for three years. I always urge people to file as soon as they are eligible, unless there are criminal or other issues, and one reason is to protect their access to benefits in situations like yours. Permanent residence is easy to lose and offers limited rights, while citizenship offers much greater protection. If you have questions about the naturalization process, talk to an immigration attorney or check out some of the great resources available online--USCIS publishes a citizenship resource center here:See question
I agree with the previous answer, and I would also caution you to be careful in your green card application. Using a fake SS# to work in the US is something that it seems like "everyone does" and so people forget that it is actually fraud. If you have used the SS# of a US citizen, or have claimed in any context (including on a job application) to be a US citizen, you could be facing a permanent bar from the United States. Make sure that you contact an immigration attorney for help with your adjustment of status application to avoid or minimize potentially serious consequences.See question
Any time that you submit additional evidence, your application goes back in line for processing, so even if the evidence was received well before the set deadline, you could still be waiting a long time for it to be processed. You can find case processing information for Ciudad JuarezSee question