QUESTION

If I was placed in a removal proceedings, what can I do to over come these grounds?

Asked on Apr 23rd, 2014 on Immigration - California
More details to this question:
I got married on June 2011. My wife a USC filed I-130 and I-485 concurrently. On March 2013, received a letter of NOID for insufficient evidence. My wife responded with additional evidence but ignorantly submitted a falsified lease. Because when we applied for the apartment on November 2012, the management of the building rejects our application due to eviction records on my wife's history due to identity theft she experienced. We seek a friend's help in securing the apartment. The lease was in my name and co-sponsor's name. So when the USCIS requested for additional evidence, my wife went to the building management to request that the lease should changed to her but the management refuse and my wife went ahead to alter the lease and put her name. The USCIS found out and sent a second Letter of NOID based on falsification. We contacted a lawyer who says the falsification would result to our application being denied. Advise my wife to withdraw the application and re-file. In addition, the lawyer said we should go the management and explain to them. We took his advice, withdraw the application, went to the management and a letter was written stating that my wife has been authorized to reside at the apartment. We re-file the application on September 10, 2013 with every evidence we had. But on September 17, 2013, I received a letter of Master hearing for removal proceedings schedule for Nay 15, 2014. On January 7, we went for an interview, we were deprecated. Every question was answered correctly but officer said he had not review our file and ask why I was placed on removal proceeding. My wife explained to him and he would get back to us after reviewing our file. On April 20, 2014, we received a letter of NOID. Stating all document submitted didn't show that the petitioner (wife) was living with me from the inception of our marriage. Also petitioner had an active lease at another apartment when she claim she was living with me. Ref made to previous falsification.
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2 ANSWERS

Bruce A. Coane
NOID, especially in Houston, is a huge problem. You need a very good attorney to deal with that. if the I-130 is still pending at the master calender hearing time, the judge will usually re-set. if the I-130 is denied, that's a huge problem.
Answered on Apr 25th, 2014 at 5:10 AM

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Employment & Labor Attorney serving Culver City, CA at Law Offices of Christine Green
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There is relief available in removal proceedings. Adjustment of status is one defense to removal and there are also other defenses. Speak with an immigration attorney to go over the types of relief available. It is good to elect all relief that you are eligible for so as to cover all your bases.
Answered on Apr 24th, 2014 at 6:17 PM

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