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My wife's conditional green card got terminated and she is now scheduled to appear at court for deportation proceeding.... ?
Anonymous7 views2 answers
My wife's request to remove the conditional status from her permenant residency had been denied due to lack of evidence (such as joint credit card, mortgage, tax forms, etc) and was required to show up to a second interview..
I don't know if the interviewer was having a bad day or what.. but he was extremely grouchy and mean.. He gave us a hard time during the interview and afterwards he told us to go home and wait for an answer by mail. After about 2 weeks we received a letter stating that my wife's conditional residency had been terminated and she is to appear at court for deportation proceeding..
Is this a rare case? Is there a high chance for her to get deported? If not, how long does the process usually take for her to receive her green card?
I would not say that it is rare because it does happen. I have only seen it happen when people file and go to the interviews without attorneys but I am sure that attorneys have run into this problem as well. USCIS (Immigration) is essentially saying that they do not believe that your marriage is genuine (bona fide) or they are in serious question of the validity of your marriage because of the lack of proof that you provided to show that it is bona fide.
Your wife has the right to a hearing to let the judge decide. It is hard to say what her chances are of getting her green card or being removed (deported) without seeing the evidence and talking to the two of you. The process in court can range as far as the time frame goes and depends, in part, on whether or not you are prepared at every hearing. Different judges has different time frames for hearings but anytime you need more time, that will obviously delay your wife's case.
There are ways to try to get it out of the court by asking the government to join in a motion with you but that will be difficult at this stage because they will not meet with you to determine whether or not your marriage is genuine and will rely on the Immigration officers assessment. I hope this sheds some light. Good luck.
Disclaimer: This answer does not constitute legal advice, and should not be relied on as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Your wife has been placed into deportation proceedings. It is highly likely that you were issued an RFE (Request For Evidence) which you did not respond to. By not submitted the requested documents, USCIS could have determined that you have abandoned your application and your wife is now out of status.
You should immediately consult with an immigration attorney to find out what can be done to avoid a very unfortunate outcome, having a final order of deportation.
Stanley Dale Radtke, Esq.
220 Montgomery Street, Suite 416
San Francisco, CA 94104
415-252-1234
http://nodeportation.com
