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View Full Version : How to file motion to transfer venue


makakiria
Apr 18, 2012, 01:35 PM
My husband was taken to federal detention in Buffalo NY,due to the lack of immigration papers , but was released a week after. We live in Brooklyn NY ,but his master hearing is in Buffalo. How can we file to transfer venue?

JudyKayTee
Apr 18, 2012, 01:56 PM
There is no Federal Detention Facility in Buffalo, NY. Do you mean Batavia?

I am reading that it is almost impossible without an Attorney. The procedure is to file a Motion for the transfer and then argue the Motion if it's not automatically granted. Buffalo is a border crossing. It won't be automatically granted.

You would have to come to Buffalo to argue the Motion.

I also understand that if he provides his paperwork the charges are dropped. If he HAS papers and IS "legal" all he needs to do is provide them.

makakiria
Apr 18, 2012, 02:01 PM
Yes it is in Batavia NY and we want it to be transferred in NY,NY.He was released without a bale right after the judge saw the approved I-130 . He told us that we had to adjust the status ,file for I-485,and basically would be on our way . But the master hearing has to happen anyway.So we can't file those forms without a lawyer?

JudyKayTee
Apr 18, 2012, 02:09 PM
If you want to change venue you have to file a Motion with the Court, requesting the change.

Adjusting the status is something entirely different.

Yes, you can file the Motion papers, but I explained above why that will be difficult and impractical.

makakiria
Apr 18, 2012, 02:16 PM
So if I understood correctly we could just leave the case in Batavia ,File I-485 and hopefully get the work authorization before the court date ,go to court and prove that he is legal?

makakiria
Apr 24, 2012, 01:41 PM
Unfortunately we can not afford the prices that lawyers are asking us ,can't find any pro bono either.
Our story is:My husband came with B2 visa in 1999 and overstayed.We got married in 2002(I had an aproved asylym case )
In 2007 we received an approved I-130, I petitioned for him as a green card holder. In 2011 I became a citizen. In March 2012 my husband was pulled over for a minor issue on the track that he was driving and was taken to the Batavia detention center as undocumented person(he had a valid driverse licence .No criminal or DUI history. Got out w/o bail.He has a MH coming up and is in removal proceedings. I am trying to find a way, to file a motion to terminate removal ,get I -485 ready to go so ,when and if the judge grants us the termination of removal we could file for adjustment.Is it possible to do it without a lawyer and who do I file it with?Thanks

JudyKayTee
Apr 24, 2012, 01:49 PM
Please stop asking the same question with different "facts."

This has been asked and answered based on what you posted.

Without an Attorney you pretty much have zero chance of being successful.

I don't mean to sound harsh, but this is what happens when you don't obey Federal Law and overstay. Homeland Security does not play games. No one will take this pro bono because the chances of being successful are not good.

Otherwise, please read what I've already posted.

makakiria
Apr 24, 2012, 02:05 PM
It amazes me how ignorant people can be. You are actually reading a post of a person who's family is going through a hard times ,We also have 3 kids that could stay without a father if he gets removed.There are no different "facts" either.You look like you are lacking a sympathy towards immigrants and in that case you should not be handling the questions about any immigration issues.