QUESTION
What can be done if I overstayed my b2 visa for 20 months then I got NTA with no court date?
Asked on Mar 10th, 2015 on Immigration - California
More details to this question:
I was already married to a USC. My wife filed I130 after I was served NTA. My NTA has not been filed with court yet and my I 130 has been pending for 11 months now. I have a clean record.
5 ANSWERS
Business Immigration Attorney serving Houston, TX
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Quan Law Group, PLLC
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You need to get an adjustment file ready. Have an attorney find out if the NTA has been filed with the court yet, and that will determine how it can be filed.
Answered on Mar 13th, 2015 at 10:57 AM
You will have to wait for the court date or maybe your attorney will try to convince ICE to drop the case. Usually they do that only after i 130 interview.
Answered on Mar 13th, 2015 at 4:20 AM
Why didn't you file the I-485 at the same time as the I-130 if you are already in the US and married to a US citizen?
Answered on Mar 13th, 2015 at 4:18 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Eventually, you will receive a notice of the time, date and location for your Master Calendar Hearing before an Immigration Judge. At that time you can requests various relief including, possibly, Adjustment of Status and Prosecutorial Discretion. Representing yourself in Immigration Court is not something I would recommend you do as the procedure can be complicated and you run the risk of being removed/deported from the U.S. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Mar 13th, 2015 at 4:17 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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watch out for court date. appear in court as ordered. get the I-130 approved and then seek adjustment in court. You may also request the court to administratively close your case so you can file i-485 with the USCIS. Get a good immigration lawyer first.
Answered on Mar 12th, 2015 at 8:14 PM