QUESTION

What can we do if immigration came to our house?

Asked on Jul 03rd, 2013 on Immigration - Utah
More details to this question:
My wife and I have been married for 4 months. Her tourist visa expired 6 months ago. I am in the military and deployed to a country in Central Asia. Immigration came looking for my wife while I am here. We have the I-130, i-485, i-765, i-864, and g-325. But we haven't submitted anything yet, because we had a lot of problems with our new apartment. What can we do?
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7 ANSWERS

How does having problems with the apartment affect the filing of the I-130 and I-485? That's not clear.
Answered on Jul 15th, 2013 at 9:28 PM

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If your wife came to the U.S. with a visa and does not have any criminal convictions, prior immigration law violations, or other problems that make her ineligible for a green card, you can submit the applications. The only form you did not list is I-131, you can submit it with the I-485 packet without an additional fee if your wife needs permission to travel outside the U.S. before she would get her green card. If paying the I-485 fee now is difficult for you, you can file just I-130 and wait for an approval before filing I-485 packet. It will make the entire process several months longer; your wife will not have permission to work until about 3 months after filing the I-485/I-765/I-131/I-864/G-325 packet; and she will remain illegal for several months longer. Remember that filing of an I-130 petition or of an adjustment of status application does not give the beneficiary any legal status; even approval of your I-130 petition does not give your wife any status only approval of I-485 application does. However, if an I-130 petition was filed, U.S. ICE is likely to hold off the removal until the petition gets approved or denied. Nowadays, it is unusual for ICE to come looking for a person unless there is a special reason for it a criminal conviction, an outstanding deportation order, a pending removal proceeding, etc. If your wife has any such problems, she should get an attorney now. Generally, one has better chances to avoid deportation than to get a permission to return to the U.S. after being deported.
Answered on Jul 08th, 2013 at 10:02 AM

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Adebola O. Asekun
If your wife is in the United States illegally or if she is subject of an order of deportation, then, this might explain ICE' unscheduled visit to your house.
Answered on Jul 07th, 2013 at 8:18 PM

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Immigration probably came looking for your wife because she overstayed her authorized stay in the United States. You should submit the forms for Adjustment of Status as soon as possible. As long as she hasn't been served with a Notice to Appear in immigration court yet, she can still adjust her status through USCIS. It's currently taking about 3-4 months for USCIS to process the paperwork before she will be scheduled for an interview at the local office. If she has been served with an NTA, the process will become harder and more complicated. You will to file the I-130 petition first, and only after the petition has been approved by USCIS will she be allowed to file her adjustment application with the immigration judge who will adjudicate it. This process can take many months.
Answered on Jul 03rd, 2013 at 8:51 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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You need to consult with a competent immigration attorney in your area now, as in today. Have the attorney review your case and get that case filed if you can. If she has already been placed in proceedings then you will need to work with an attorney specializing in removal defense. Do not delay.
Answered on Jul 03rd, 2013 at 1:27 PM

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File your papers as soon as you can. I assume you are a US citizen.
Answered on Jul 03rd, 2013 at 11:49 AM

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Employment & Labor Attorney serving Salt Lake City, UT at Sharon L. Preston, P.C.
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If your wife is detained, by the immigration, you should consult an immigration attorney, so that they can get a bond hearing and get your wife bonded out. Also, you should immediately file the I-130, I-1485, and other documents that you mentioned. If she is not detained, file the petition and applications, and she would be authorized to stay. If they do put her in deportation proceeding, you would still be able to do the petition and her greencard application before the immigration court.
Answered on Jul 03rd, 2013 at 11:22 AM

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