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I need advice on deportation, and the best way to become a U.S. citizen.

Dayton, OH |

My name is Jamaica, My husband Luis is here illegally (entered illegally). I have two questions. He has a master hearing in front of immigration court in April (before that he received a paper stating for court in October). What do we expect at a master hearing? Is there a reason for two court dates, or is the one in October dismissed? Both state for immigration court, but the second paper with the April date does not say anything about the date in October. (He has to go to immigration court for minor consumption) My second question is what is the best way to file for Luis to become a citizen (to get a green card) Should be begin the process now? or wait until after his hearing? and what forms should we file for? Thanks

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Attorney answers 6


He will appear before a Judge and the charges (the reason the government thinks he should be deported) will be read and if necessary explained to him. The first court date has most likely simply been dismissed in favor of the second one. Assuming you are a US citizen - or a resident, for that matter - you can petition for Luis. You should, however, meet with an attorney to discuss whether Luis is even eligible to stay in the US (and ultimately get a green card).

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


He should get a lawyer as he will only have one shot at this.

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At a master calendar hearing the immigration judge resolves whether or not a person can be removed and then determines if there are any laws to keep that person here. If there are, the IJ schedules another hearing to resolve that application for relief. Please hire a lawyer. And a good one as the Cleveland immigration court has some tough prosecutors.


The Pastor A hearing. In many situations is to enter pleadings. An individual hearing is to discuss the merits either of the reason why you are not removable or the merits of your relief from removal.

You should retain counsel for the removal process. Once a decision is made during the removal process. it is very difficult to have the decision changed.


Your husband should get an immigration lawyer immediately. There are several forms of relief from deportaiton that may be available. Immigraiton law is very complicated and harsh in its consequences, so one should always consult an attorney before going to Immigration Court.

You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.


I agree with my colleagues above. You should consult and hire an immigration attorney to represent your husband in removal proceedings. If you are a U.S. citizen, you might be eligible to file an I-130 petition for your husband along with the new provisional I-601A waiver that goes into affect in March 2013. Speak to an attorney about this.