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What are some questions normally asked during a master hearing before immigration court?
Anonymous2 views4 answers
I am a USC and my spouse has been scheduled for a Master Hearing before the IJ, we had a JMTR granted by OCC abd BIA, what could happen that day? would the state attorney be agressive eventhough OCC agreed to a JMTR? we have an I-130 approved and plan on filing I-601 and I-485 that day, anything to worry and/or be coutions for? Would an old asylum case come up that day.. after so many years since that happen?
It is very important to hire counsel. Since you have had a Motion to Reopen filed, which is not the easiest of applications, I am going to believe there is a possibility you have an attorney. If you do, these are the questions he should be answering.
If OCC has agreed to the JMTR, there is likely very little chance the DHS counsel assigned that day will be "Aggressive" as they would have had the chance to question your case prior to reopening it. If an approved I-130 exists, then likely a copy of the to be filed I-485 would be filed by an attorney prior to the date with the Texas Service Center, along with the 485 instructions for filings in proceedings with the fee. If you receive the receipt back before the court date, an attorney would usually present that to DHS counsel to seek a remand or termination of proceedings.
Generally speaking, the purpose of a master calendar hearing is for the Court to determine the status of the case, the next steps that need to be undertaken, and to schedule the case for another hearing as warranted. Aside from asking the alien to confirm his or her identify and current address, relevant questions will be case specific.
If you have an attorney, he or she should be explaining this to you and your wife and what to expect. If you have not retained experienced immigration counsel I strongly suggest that you do so. The fact that you plan on filing an I-601 indicates that your wife requires a waiver of inadmissibility which more often than not requires demonstration of extreme hardship to a qualifying relative (in this case most likely you). There is much more to successfully resolving a case such as this then just completing a form.
Christian SchmidtImmigration AttorneyOakland, CA ·
Nobody can advise you with knowing the facts of your case. The judge will want you to plea if not already done and identify form of relief. It appears that you will seek to adjust based on I-130. The judge will schedule case for an indivdual on the application. You should hire an attorney to represent you and will likley get the same advice from the judge.
