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J1 Waiver - I485 - ICE Custody - ISAP - Court Date

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  • J1 Waiver - I485 - ICE Custody - ISAP - Court Date

    Hello Dear Attorneys,
    I have an unusual case. My story will be little BIT long. So thanks alot for reading my case in patience.
    I came to USA with J-1 visa in April 2015. While I was working in Wisconsin, we decided to get married with my current wife. As you know, I had to waive my 2 years rule on my visa. I started on waiver process 6 months before my visa expiration. We got married before expiration date and still had no waiver. On DOS website, It say approx. it takes 4-6 weeks. Unfortunately, we were still waiting after expiration date. They always replied as they`re working on my case. They didn`t give me any specific date for resulting of my case. So I didn`t leave the country. I just did wait extra 4 months. Finally, They approved my waiver and sent it to me. After I received my waiver. We immediately filed and sent our I485-I130-SPONSOR and EAD forms. 2 weeks later, ICE Officers knocked my door. And they told me I am seen as Out of Status on their monitors. I showed them all my papers. Everything was legal and I am documented person on process. They said that they have to clear this at ICE Office. They cuffed my hands and ankles, also put belly chain on me. They detained me for 3 hours. Officers filed my deportation forms just in case and we were waiting the decision of immigration attorney at ICE office. Because they had no idea what should they do.Technically I was out of status and at the same time I was on process. So Immigration Attorney decided on releasing me in condition of Surveillance program. We went to ISAP. We had no house phone so they put gps monitor on my ankle till I get a Land line. During this time I received my Work Permit and received my court date for immigration judge call. Too much adventure in couple months. I am working since november with EAD and have court date in july 12. I would like to listen your advices. I didn`t do anything wrong. Everything was legal. The only fault was DOS estimated time of process. In your opionion, what immigration judge`s decision would be in this case ? My life is already settled in here. I am so nervous and worried about it. I have job, I have my wife and 5 years old step daughter who accepted me and calls me as father , more and more. Deportation decision would hurt us too much.

  • #2
    This a a tough one, I just want to wish you luck, Good luck my friend

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    • #3
      Originally posted by sashabrown View Post
      This a a tough one, I just want to wish you luck, Good luck my friend
      Thanks alot

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      • #4
        What is the status of your I-130? If it is approved, you can request that the IJ adjudicate your I-485 in court. It may require a de novo I-485 along with the fee, or s/he may just remand your case to USCIS for processing

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        • #5
          Originally posted by inadmissible View Post
          What is the status of your I-130? If it is approved, you can request that the IJ adjudicate your I-485 in court. It may require a de novo I-485 along with the fee, or s/he may just remand your case to USCIS for processing
          Both(I-485 & 130) says "received" since september. I didn`t call them yet. I see people here , they are also waiting for at least 5 months. I am not sure if they keep my receive because of court date or not. But Ice officer said they work seperately. There is no any certain info yet. ICE keep my passport til my case closed.

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