[John Bold]

Foreigner who is holder of f-1 (student) visa. After 3 years of studying in US, met a girl and then got married on February 2011.Very happy with my marriage :).

After I got married, I gave a copy of marriage certificate (she is An American citizen)to the school where I got my I-20 & studied. After I talked to couple of my friends and did some research online, I decided to apply for Green card without hiring any lawyer. It was just filling out forms right?
With taking Green card application process little less serious and having problem with finding a job, I couldn't put $1400 together which is necessary amount in order for me to apply for green card.

2 days ago 2 police officers knocked my door at 6 Am in the morning to ask my passport papers etc. After they checked my I-20 and marriage certificate they said that I'm out of status and they are going to arrest me. I said that I'm married an American citizen and filled green card application but couldn't send it to the government just because I couldn't find that money. To make long story short:

I'm arrested and taken to federal gov. building where they put me in a room with illegal immigrants.Talked to officers bunch of time they said I had to send the application right after I got married. By the way, be careful when you use telephone in jail. I made 3 phone calls and each was 2 minutes long They charged $60 for that.You can consider it as rip off.

Thank god, my father in law bonded and paid $1700 to took me out of there and now I'm out and waiting for court date.

My documents says:

I entered Us as a student legally.
My I-20 terminated on February
Since then (for 5 and a half months) I've been staying illegally in Us.
Judge will decide whether I can remain in US or deported.

Questions, questions questions...

1) should I apply for green card immediately so I can show it to judge that I applied and it's in process?
2) should I hire a lawyer to figure out my options (couple of my friends said court may not be as easy as I thought and can take 2-3 years)
3) is there anything I should do immediately before it's been too late ?
4) how the process works usually and how it ends typically ?
5) extra information and experiences would be highly appreciated!!

[NYcityboy]

Significantly more difficult and expensive now.

You have several immigration violations, but an overstay and unauthorized employment is forgiven under section 245(a) for immediate relatives. Your wife can file the I-130 relative petition, but you can no longer file the I-485 adjustment of status with the USCIS, as once the NTA is issued, that starts the removal/deportation process and the immigration court has jurisdiction over your case, not the Immigration Service.

Hire an immigration attorney immediately, file the I-130, then at your MCH, attorney will tell TA and IJ that your relief from deportation will be AOS. IJ will generally, allow your I-130 to be approved, then your I-485 is filed with the court and you adjust status to permanent resident in Immigration Court. If not, your deportation will continue, you will be removed (deported) and you will need to wait for the I-130 to be approved, then file for an immigrant visa and a waiver with the US Consulate and the ARO to forgive your immigration violations and to return to the US after deportation. You will need to prove up an extreme hardship to your USC spouse. Much longer, much more expensive.

Depending on the IJ and if your I-130 is already approved, see if the TA will join in your motion to have the case administratively closed, allowing for jurisdiction to return to USCIS for you to file AOS. Prepare your case very well as there are many fraudulent F-1 to AOS cases and some officers are highly suspect of them.

Congratulations on your marriage and good luck with your case.

[John Bold]

Any idea how long would it take? Or how it goes in the beginning?

Based on the information in here and other places available, it seems Judge won't make his/her decision immediately. At least I will have time to prepare, hire a lawyer or do research. Am I right do you think?

[John Bold]

And also any lawyer names you would recommend? Or law firm?

[NYcityboy]

You have time now to at least file the I-130. At the master calendar hearing (MCH), the IJ and the ICE trial attorney (TA) will hear from you about your grounds of relief from deportation, that will be your adjustment of status to permanent resident.

Find and attorney that is familiar with the local immigration court. Check with AILA first or your state bar association if they have an immigration interest section.

[share20]

Sorry to ask right now... but did u get arrested for this? Did they take you to precinct or somewhere else? Were u left on bail or on what conditions? U paid $1700 to just get out of it?
I appreciate your regarding and waiting your answer

[John Bold]

Yes, all of those happened,I have no criminal record. I was just out of status for few months that's the reason... firs court they decided to wait for me to get the paper with saying if you got your papers case will be dismissed but I'm still waiting for papers and sceond court date is just 10 days away. Still didn't get the granted letter... I talked to my lawyer and asked her if there is anything we can do because it's been 7 months since I applied and there is still no answer unfortunately she said there is nothing but waiting the court date she said...

Any suggestion? Something we haven't done ?

[share20]

Well my frnd's shuld be in a same situation.. he is out of money.. starting to pay his bills once he gets job after gc.
2ndly, my one of the friend who is a citizen told me that if DHS wants they could come after you... or normally this kind of gc... application takes years to solve.. instead we shuld find a different way.

Your situation is same as:

A person coming in 1992-93 on workpermit and applying for gc. And there is not answer yet.. I have known this news in some newspaper... but pray to god. Request judge and tell him the fact,, you are out of job... your marriage life is getting worst.. your blood pressure is low.. and you are worried... situation was out of the hands... let me know how it goes.. basis on your answer and my other frnd's answer we are going to take step.. for my best friend..

3rdly you are saying.. 7 months.. did you get work permit ? How you pay your bills? Its too expensive now...

[share20]

How long you got arrested for? 1 day or more?

And

How long before your case started from July 2011? As your question is posted on june/july 2011... so its been year that your case is not solved?

[John Bold]

No, Judge says my "removability suspended" and I got another court date which is on march 2013. I'm an engineer, have no criminal record, they keep extending over and over again. I applied and got confirmation letter for I-130 6 months ago. Still no granted letter from Immigration. My wife and I decided to write this issue to a senator with hoping to get some help to finalize this meaningless costly court procedure.

Any suggestion still would be highly appreciated...

Thanks

how long u got arrested for? 1 day or more?

nd

how long before your case started from July 2011? as your question is posted on june/july 2011... so its been year that ur case is not solved?

[share20]

Well I just a movie, "terminal!"

My thoughts says.. if you really married why don't u wait for the court order.

If your next date is Mar 2013 they are wanting to understand your situation that are you really married or not.

Anyway you shuld have work permit... better start your life.. earn and save..

Or get a new expensive lawyer (Worth than waiting until next year) who can get you out of this situation...

I wuld rather recommend you to start your lyf. Court answer will all depend on your situation and your lyf proceedings..