Removal Proceedings

[KellyKS]

My husband has court on Friday. A hearing in removal proceedings.
We have a lawyer and the lawyer said he was pretty confident that he could ask for a extension and tell the judge that my husband is just waiting for his interview in CDJ. Then get the extension for my husband to go back to court at a later date. Like 5 or 6 months from now. That way we wouldn't be separated while waiting for the interview in CDJ.
Then he could probably do the voluntary departure to leave the country and that they usually give 90 days for someone to leave the country. He said the risk would be that my husband could have his interview scheduled in CDJ before the 2nd court date, but that probably wouldn't happen at the rate they are moving. Just got the last paperwork in to the National Visa Center about 3 weeks ago. If that happened we could probably still get a court date with the immigration judge because if he left without a voluntary departure ok'd by the judge , that isn't a good thing.

I guess my question is has anybody been through something like this and do you think that the judge will allow this?? Kind of getting nervous not knowing what to expect. But that is the how the whole immigration process is.

Also how much does a person have to pay for the bond etc......??????

Kelly:)

[DeBenny]

Kelly KS: Hang in there! I believe that nineten is going through something very similar to you.

[KellyKS]

Thanks, hope everything goes ok.

Kelly:)

[KellyKS]

My husband got an extension for June of 2008!

Kelly:)

[angela256z]

My husband has court on Friday. A hearing in removal proceedings.
We have a lawyer and the lawyer said he was pretty confident that he could ask for a extension and tell the judge that my husband is just waiting for his interview in CDJ. Then get the extension for my husband to go back to court at a later date. Like 5 or 6 months from now. That way we wouldn't be separated while waiting for the interview in CDJ.
Then he could probably do the voluntary departure to leave the country and that they usually give 90 days for someone to leave the country. He said the risk would be that my husband could have his interview scheduled in CDJ before the 2nd court date, but that probably wouldn't happen at the rate they are moving. Just got the last paperwork in to the National Visa Center about 3 weeks ago. If that happened we could probably still get a court date with the immigration judge because if he left without a voluntary departure ok'd by the judge , that isn't a good thing.

I guess my question is has anybody been through something like this and do you think that the judge will allow this?? Kind of getting nervous not knowing what to expect. But that is the how the whole immigration process is.

Also how much does a person have to pay for the bond etc......??????

Kelly:)

Just so you know every state is different, but...
My friend is from El Salvador. He had court and was given an extension becuase he planned on sending the I-130. They had not even done it yet and his wife was pregnant. So he got a 3 month extention and then was grants VD at that court date. This happened in Seattle. So I think it could happen, but like I said every court is different. Goodluck to you and your husband. My friends bond was $10,000. They paid a $1000 and put a house up for the rest.

[nineten]

Congrats KellyKS! Sorry I didn't see your post sooner. I'd like to know how much the VD bond was.


Angela256z, why was the VD bond so high? Was he already out on a bond? Or was this the 'first' bond he'd placed?

I saw where another poster said it was the second bond, VD, is usually $500 - $3,500.

I just now saw the other post about paying immigration bond and the follow-up on that.


That's scarying me! We've already put up $7,500. I know you said every state is different but this is an exorbitant amount. If my husband gets the three month extension I'm scared of how much the bond might be.

[luci_y_desi]

Hey Kelly, whatever happened with your situation on this...
I am in a similar boat I think, but am really confused about what it means.....if you view my other posts on my I-130 update you will see...

I understand what the "removal proceedings" mean...but I really am not sure what we are supposed to be doing....

[Melissa_31375]

I'm curious to know what happened to put hubby's in these removal proceddings? I'm always wondering in fear what set's these types of things off. Thanks...

[loslagos]

I guess its possible for the Lawyer to get an extension. It depends on how prepared he is. lawyers have a way of getting an extension if they want to on different grounds

[KellyKS]

Luci,

We had applied for AOS here in the USA and was denied, because he has to apply to do it in Cuidad Juarez. About one year later we got a notice for Removal Proceedings, which was very unexpected to me. I was freaking out when I got the notice.

We talked to our lawyer and he said that we should ask for voluntary depature and that when we do that usually they then give 90 days for a person to leave the country voluntary. That when my husband would get to Mexico he would need to get proof that he was there, so there wouldn't be any problems in the future.

My husband's removal proceedings was this past Nov. and our case has only gotten completed at the NVC on December 13, 2007, so our lawyer said he would ask for an extension telling the judge that my husband is waiting for his interview in CDJ. We were so nervous, but the lawyer said he was pretty sure that the judge that we had would grant the extension. The lawyer said not all judges are as nice. So I am not sure if other areas of the USA are harder to get an extension or not.

We had our court with the judge in Omaha, Nebraska, however the judge was in Chicago, IL and we saw him on a TV screen. The judge gave my husband an extension until June 6th, we were so happy, because I had no idea what to expect in the court on the removal proceedings.

Getting an extension means that my husband didn't have to do voluntary departure yet, of course he has no legal status in this country and this extension doesn't protect him if something happened and he got deported or something.

Our next court date is June 6th, 2008 and we are hoping we will have a better idea of when his interview will be in CDJ. I believe the plan is for us to ask for voluntary departure, which they should grant, and then my husband will have 90 days to leave the country.
The lawyer said the risk of asking for an extension would be that if our interview in CDJ comes first, then we somehow need to get a court date before he leaves the country or somehow get the immigration court to let us fill out and sign paperwork for voluntary departure.

If my husband would get his interview before the court date of June 2008 and would just leave the country without doing a voluntary departure that would be bad and would be considered a deportation. Which means when applying for immigration benifits he would have to fill out the I-212 also. Which to my understanding is alot more work than having to only do the I-601 waiver.

This is a lot of information, so if something isn't clear please ask and I will try to explain if I know the answer.

Where are you in your immigration process? Do you have a lawyer to assist you?

Good Luck!

[luci_y_desi]

Thank you so much for your reply......Here's our story in a nutshell.

I applied for my husband's I-130 in Nov. 2006
I received notice that it went to the VT Service Center a couple weeks after we filed.
The file was then transfered to our local office in April 2007.
We had an interview with our local in Aug. then rescheduled to Nov.
The purposed was to prove our relationship and marriage was legit...or so they said....the interviewer said that there would be a court date for Removal Hearing and to take our family and beg the lawyer to let him stay...
I had to ask her if she had really heard of them letting illegals STAY!

Basically that is it...Now I am just trying to understand what it means as to why we have this Removal Proceedings Hearing, the fingerprinting and all that stuff.

I understand that we can ask for an extension...however we haven't even gotten an approval on the I-130 yet...and we filed that in November 2006! Not that a 90 extension for voluntary departure would help right?!

No unfortunately we do not have an lawyer at this time...not really in the position to afford one...

[mandee3911]

Question, did your husbands enter illegally or overstay a visa? or what?

[luci_y_desi]

My husband entered illegally....

I sure hope others who are trying to get their I-130's approved don't have to wait as long or jump thru hoops like we have...it's annoying

[Caribbeanman]

If he entered illegally i don't think he can adjust his status here....what happened when you all went for the interview in Nov?....sometimes they arrest people who entered illegally when they go for their interview at a local office.

[Caribbeanman]

Luci if you file your I-130 in Nov 06 you have alot of waiting to do normally it takes 6-9 months but with all this influx of applications it could be longer...am waiting for my interview at a local office although it's been transfered since July...Jan 9th was a YEAR since we filed.

[mandee3911]

from what i've read, you do HAVE to go back to your country and try and get waivers to bring them back if they enter illegally.

[Caribbeanman]

Correct!

[luci_y_desi]

I am already on the same page with you guys, I know that if you enter EWI that you cannot adjust here unless of course you fell in the time period for the I-245..which we do not.....

Caribbeanman-hey we are in a similar "waiting boat"...you just can adjust here...lol

[nineten]

I know this is a little bit of an old thread but I wanted to add to KellyKS's post... "if" the interview was to get scheduled while he was here, before his court date, you'd have a month or so before the appt and the atty would "file a 'motion'" for him to go ahead and leave before the court date. That's how I've understood it to be.