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Thread: What do I expect in a first Master hearing???

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    Red face What do I expect in a first Master hearing???

    Just received a master hearing date and wondering what to expect. Can I be able to represent myself at the hearing? I don't mind going for a VD if that's the only option at this time 'cause I have spent a lot. Below are my timeline.
    Thanks for your input!


    My Timeline:
    Jun/2001 Entered with B2 visa
    Jun/2002 Got married ( 1st and Ex wife- Bad marriage wrong advice)
    Feb/2005 2nd Marriage
    Sep/2005 Stokes Interview
    Jan/2006 Picked n Charged for fraud marriage
    Pled guilty, 2 yrs probation sentence completed in 08
    Mar/2008 I-1765 approved!
    Aug/2009 I-130 denied
    Dec/2009 BIA denied
    Jan/2010 ICE arrest
    Bonded out with 10k the next day
    Nov/2010 1st Master hearing

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    Wass up Jerry 2011. I found this link which may help you

    http://www.immigrate2us.net/forum/sh...lendar-hearing.

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    Thanks idea! That was a great link! I think I may end up hiring a Lawyer considering the seriousness of the case... just hoping to get a lawyer that will NOT charge much$$$$.. tnx!

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    Hey Jerry. I'm sorry you're going through so much drama. It has been my observation that most Master Hearings are a joke. At least the 1st one is. You just go and tell them you want to represent yourself (or you need time to hire an attorney, whatever you choose), and they set the date for another Master Hearing within 4-6 months. Then, you go to THAT hearing, and 1) If you go on your own and you tell the Judge you just want a VD, the trial attorney could set up another Master Hearing (another 4-6 months), and then you come back even on the 3rd Master Hearing, and the Judge will finally order you the VD (which is usually 120 days, or 4 months) from the date of the order.

    2) If you go to your 2nd Master Hearing with an attorney, the only advantage to that is that the attorney has a little more power to "buy time" for you by motioning to continue the court cases and elongate the matter more. That is good for you, because you get to stay in the USA a little more time and work and save money.

    Now, if you DON'T wish to VD, and you want to fight your case to see if there's any hope you can remain in the USA and perhaps apply for Permanent Residency through "Cancellation of Removal", I STRONGLY SUGGEST YOU *N*E*V*E*R * PROCEED DOWN THIS ROAD WITHOUT AN ATTORNEY.

    However, for VD....it's your call. I've seen them done with or without attorneys and ....yeah...you'll eventually have to leave the USA anyway.

    My above mentioned observations are based on what I've seen happen in Immigration Court in Arlington VA....many many many times. And no, I am NOT an attorney or a Notaria.

    Markolfa es mi linda gatita. I love hummus!

    I am not a licensed attorney. I am not a "notaria". I am a volunteer on this website and my goal is to learn, discover and exchange useful ideas, opinions and insight. I'm not ashamed of expressing what I know and asking what I don't know. Nothing I say should be interpreted as legal advice. I encourage you to consult a responsible attorney before making any final decision. Please inform me if I've given any insight in error.

    ChECK OUT OUR TIMELINE http://immigrate2us.net/forum/showth...067#post990067

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    Thanks a bunch!!! That gives me a clue.. just wondering if the Judge will make me agree to all charges the 1st day of master hearing if i was there without an attorney.. My intention is to shop around for a good and an affordable attorney for my 2nd hearing since I could request for a time to have a representation for my 2nd master hearing. The lawyer i consulted is asking for 5k if I want to stay(assylum) or 2.5k if i want a VD. Is it a good fee? I just dont know. I think its a lot since non of these fees will fetch me a GC anyways.

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    I always remember this Accredited Immigration Rep from Catholic Immigration Services up in Wash DC would always tell people: "If you know you have no way to fight your case, and your only option is Voluntary Departure...YOU DON'T NEED AN ATTORNEY FOR THAT!" (those were her very words).

    And, honestly, I agree. If VD is the only thing you're gonna get out of these court hearings, then why pay an attorney $2500 just to tell the Judge that you have no way of fighting your case....you have no options to get legal....and you're willing to abandon the USA by voluntary departure?

    I used to see many many Central American people pro-se during a their court hearings, especially on the last hearing, when the Judge would then order the person to leave the country within 120 days. Many people would simply go and get their VD order, and then they knew that they had to leave the USA within 120 days of the Judge's order.

    If you're going to go that route, and not use an attorney or an Non-Profit Organization (such as Catholic Imm. Services, or A.Y.U.D.A., or those places) then you may most certainly go to the hearing and just tell the judge that you want 1 more court date. (this is to buy time). If he grants it, great. You go back in 4-6 months. When you go back, it will most likely to be for the ordering of Voluntary Departure. So, you go before the Judge, he will ask you if you've sought counsel (attorney) in your case, you simply tell him "No, I have not, but I'm ready to proceed today". So, the Judge will go through the routine, and tell you he wants you out of the country in 120 days from that date.

    It's easier than you think.

    That having been said, let me just remind you that you have the right to have an attorney, and you would be responsible for paying that attorney. If you feel you have another way of legalizing your status in the USA and wish to fight your case, then by all means, USE AN ATTORNEY! And, 5k is a pretty standard fee. Some charge more. Just be sure you've done your homework and that the attorney you choose is reputable.

    Markolfa es mi linda gatita. I love hummus!

    I am not a licensed attorney. I am not a "notaria". I am a volunteer on this website and my goal is to learn, discover and exchange useful ideas, opinions and insight. I'm not ashamed of expressing what I know and asking what I don't know. Nothing I say should be interpreted as legal advice. I encourage you to consult a responsible attorney before making any final decision. Please inform me if I've given any insight in error.

    ChECK OUT OUR TIMELINE http://immigrate2us.net/forum/showth...067#post990067

  7. The Following User Says Thank You to Markolfa For This Useful Post:

    jerry2011 (08-06-2010)

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    I appreciate your input Markolfa! Its good to know that someone here knows the seriousness of my case... Because cases are all different, some can easily have waivers available to them and some don't. Thanks a bunch!

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    you're very welcome.

    Markolfa es mi linda gatita. I love hummus!

    I am not a licensed attorney. I am not a "notaria". I am a volunteer on this website and my goal is to learn, discover and exchange useful ideas, opinions and insight. I'm not ashamed of expressing what I know and asking what I don't know. Nothing I say should be interpreted as legal advice. I encourage you to consult a responsible attorney before making any final decision. Please inform me if I've given any insight in error.

    ChECK OUT OUR TIMELINE http://immigrate2us.net/forum/showth...067#post990067

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