He is in removal process. The letter states that since we did not repond to the Notice of Intent to Deny then our marriage is a sham. Again USCIS has not been able to produce a copy of the letter. Need help with what to say on EOIR 29 and are we allowed to submit add'l evidence?
That may be one avenue but it might be preferable to file a motion to reopen and submit additional evidence of the bona fide nature of your marriage instead. Retain counsel.
I have attached the EIOR 29 Instructions form for you review.
http://www.justice.gov/eoir/eoirforms/instru29.htm
Assistance with the completion of such a form or what needs to be attached as evidence requires an experienced immigration attorney to review your whole immigration history and provide a legal opinion.
Again, this is one more reason why the public should find a way to afford a competent and experienced immigration attorney. This is not something that you should handle at this point. Yet, if you must, you may have to consider whether to file an appeal, motion to re-open, or simply refile the I-130 petition. This can be very confusing for a non-attorney.
If he is in front of an Immigration Court, he may be about to be ordered deported. It is unclear if you have time to refile a new I-130 petition. A decision that finds the marriage to be a fraudulent one may be a challenge to overcome.
In addition, the Immigration Court in Chicago will soon move to a new location. If he does not get notice, this can further complicate matters and result in a deportation order in his absence.
Again, if he is ordered deported, then this is often a final decision that can be appealed, but may remain on his permanent immigration record. Usually, those ordered deported can wait years, even decades outside the U.S. before they can lawfully immigrate to the U.S. Of course, there are some who are permanently banned from lawful immigration.
I hope that the record is not made any worse, nor is there any further delay in learning to value the services of an attorney, or if needed, trying to find a not for profit legal agency that may help you with this situation.
