Legal Question in Immigration Law in Illinois
My family came here from Iraq in 2000. I am 23yrs old and a resident alien. When I returned from a cruise with my girlfriend in June 2010 I was detained and now put into removal proceedings. I was convicted of theft in 2007 and 2009.. The 2009 case also included arrest for kidnapping and impersonating a police officer but I was found not guilty. Homeland security at the Miami port were very rude telling my girlfriend (who is a bank manager) that she should not drive back to Illinois with me because it wasnt safe. They continued to ask her if she had to transfer money to the Middle East for me and just kept mentioning the accusations that I was not convicted of.
My dad is already a US citizen. I have a master hearing on May 5th 2011. I cannot afford a lawyer and the list that the court gave me has no one who will help for free or cheaper. After doing some research, would it be better for me to file I-589 for asylum or for my dad to file a I-130 petition for alien relative.
thank you!
1 Answer from Attorneys
I would advise you to go to the Master hearing with an Attorney - so they can plead the charges and allegations on the NTA correctly. If you cannot afford an attorney then try Catholic Charities as they may represent you for free.
The issue with your father filing for you - as you are over 21 years you are not an immediate relative and thus will be put into the first preference category; this means you will have to wait for your visa number to become current before being able to adjust and I doubt the judge will give you a continuance based on the I-130 as it will take a couple of years.
So request Asylum to buy you time and have your father file the I-130 (you may be able to fall back on this later).
If you need further advice feel free to contact me.
Caro Kinsella
Immigration Attorney
www.legalprofessionals.us
954-304-2243
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