QUESTION
What should I do? If I go back to France without showing up at the court house, should I come back in the US?
Asked on May 03rd, 2015 on Immigration - New Jersey
More details to this question:
I’ve been married to my wife for over 8 years. She eloped from the house and she never file any immigration status for me. I can find her. I have no status so I’m stuck married to a woman who has disappeared. I’ve tried to apply for VAWA but most of the attorney say my case is old. I don't have enough evidences. I have a DWI case at the court house. The judge ask for my immigration status. If I show up at the court, will I be deported?
1 ANSWER
General Practice Attorney serving Edison, NJ
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The Law Offices of Peter S. Kollory
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There is some hope in the adverse facts that you presented once you are in the immigration court for removal. When such proceedings are initiated in that court for removal (deportation), you may be able to seek judge's discretion who takes a "balancing of equities" test to determine if they can cancel the removal proceedings and grant you status. Much depends on the personal and public records of yours in an in-person consultation with an attorney to come to take such a risky route. Alternatively, you may have to leave the country and re-apply under another visa.
Answered on May 07th, 2015 at 10:06 AM