I came to the US with an F1 visa and filed for asylum which denied. I later on went out of status and put in removal proceedings. I have been schedule for my individual hearing in June 2012. I got married to my long term gf from my country 6months ago and i moved to another state. i want request to transfer my case to the immigration court where i reside because it will be so hard for me to pay flight back and forth.
My question is: Can my wife file for me while i am still in removal proceedings? and also,is it advisable for me to request my asylum case be withdrawn because i want to go through the marriage based route? My marriage is boni fide.
You need to consult with an immigration attorney who can assist you in this matter. You will need an immigration attorney who can help you in deportation proceedings as well as a marriage based petition so long as your spouse is a United States Citizen. Although there is a right to counsel in immigration proceedings, there is no right to appointed counsel since these are not criminal proceedings. So you should consult with an immigration attorney about your case, but be prepared for the expense of legal representation. Good luck.
Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at [email protected] All initial constulations are free.
Is your wife an US citizen? It sounds as if she is not. Even if she is, marriage during removal proceedings is a different animal than regular marriage based immigration. I suggest you hire an immigration attorney to sort it all out.
Wolf W. Kaufmann
Southern California Immigration Attorney
No client-attorney relationship is being created by this posting. Please contact an attorney with questions about your case.
You need an attorney to review your case. Your chances of moving the case at this point is not good since you are only a couple of months away from your individual hearing.
If your wife is a citizen than yes she should petition for you. Since you are in removal proceedings the standard is a bit more difficult but as long as it is a real marriage you should be ok. As the other attorneys stated removal proceedings are very complex and you definitely need an immigration attorney to make sure no mistakes are made.
As to transferring your case, yes it may be possible but again it should be done by an attorney.
My firm handles deportation defense cases and marriage based immigration.
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
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