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Thread: Letter to Immigration Judge

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    Gloriosi
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    Letter to Immigration Judge

    Should I write a letter to judge? What should I include in letter? His court date is Oct 13 so I have to get it togather fast. Any advice
    "Call it mysticism if you will, I have always believed there was some divine providence that placed this great land here between the two great oceans, to be found by a special kind of people from every corner of the world, who had a special love for freedom and a special courage that enabled them to leave their own land, leave their friends and their countrymen, and come to this new and strange land to build a New World of peace and freedom and hope..."






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    Illustrissimi
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    The letter should be addressed "Dear Immigration Judge," or "Honorable Immigration Judge." Put your name, age, address, occupation, and immigration status (U.S. citizen). How you know him, and for how long you have been together. Information about why you want the judge to give him a VD: Do you depend on him ? Why you need him? How many children do you have? Do you need him emotionally? What will happen to you if he is ordered deported rather than being granted a VD? Talk about his criminal problems and explain how he got into trouble and how he have changed ever since then. Talk about his strongest points (like being a good father, etc.) The letters you submit needs to be notarized. Gather lots of evidence. You and your children's birth certificates, your financial statements, medical records, letters from friends, family, employer regarding his good moral character, proof of visa filing, proof that he has the money to buy his tickets back to MEX, etc....

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    Illustrissimi
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    Angelia,

    I don't think the Judge will even read your letter! I wan't advised to write a letter. I was also present at the court hearing and not able to speak to the Judge. Your Fiance has to do all the talking and pleading. Don't worry!! If he doesn't have any previous Immigration problems and not to many criminal problems he will get VD, and be released that night!!!

    Good luck and let me know if you have any other questions.

    Hopefully he gets the same Judge my hubby had, he was really nice and fair. The US attorney was trying to fight my Hubby's VD and there was nothing he could do. The Judge said he has an approved I-130 and he needs to finish his Visa process in Juarez, let him go home so he can take care of this!!!
    Edit:
    Quote Originally Posted by JMRJ View Post
    The The letters you submit needs to be notarized. Gather lots of evidence. You and your children's birth certificates, your financial statements, medical records, letters from friends, family, employer regarding his good moral character, proof of visa filing, proof that he has the money to buy his tickets back to MEX, etc....
    He won't need to prove anything financial! Just her BC and teh children's BC. He is going before the Immigration Judge. Also he won't have to buy the ticket to Mexico as he is in El Paso, there is no charge because the bus goes there several times a day! My hubby just went through VD in El Paso in April 2008!

    Also Angelia don't forget to have him go to the mexican Consulate in Juarez to get the half price bus ticket back to his state.
    Last edited by Murillo79; 10-03-2008 at 10:21 PM. Reason: Automerged Doublepost

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    Illustrissimi
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    If he does not have very serious criminal issues, and if the judge believes he qualifies for a VD relief, he need to demonstrate why he deserves the VD. Angelia's letter is very critical!

    I've been there, done that!
    Edit:
    proof that he has the money to buy his tickets back to MEX, etc....
    Edit: Proof that he can afford to go back to Mex at his own expense.
    Edit:
    Angelia, what's his timeline? Is this for a Master Calendar Hearing?
    Last edited by JMRJ; 10-03-2008 at 10:35 PM. Reason: Automerged Doublepost

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    Gloriosi
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    I'm not sure JMRG if its a master hearing. I know it will be the first time he goes before immigration judge since he's been detained. He does have one criminal charge. Solicitation of Prostitution. How can I defend that? We were togather when this happened. (Pretty embarassed first time I've disclosed this info here.) It was in 2005. But that's all that's on his record. Any Advice?
    "Call it mysticism if you will, I have always believed there was some divine providence that placed this great land here between the two great oceans, to be found by a special kind of people from every corner of the world, who had a special love for freedom and a special courage that enabled them to leave their own land, leave their friends and their countrymen, and come to this new and strange land to build a New World of peace and freedom and hope..."






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    Quote Originally Posted by JMRJ View Post
    If he does not have very serious criminal issues, and if the judge believes he qualifies for a VD relief, he need to demonstrate why he deserves the VD. Angelia's letter is very critical!

    I've been there, done that!
    Edit:


    Edit: Proof that he can afford to go back to Mex at his own expense.
    Edit:
    Angelia, what's his timeline? Is this for a Master Calendar Hearing?
    This is his first Master Calendar Hearing. I'm just letting you know that I was in this same court with my Hubby in April 2008, they would not let me turn in a letter or talk at his hearing! We had a lwayer there for my hubby!

    Angelia's husband just wants to request VD. They didn't ask my hubby for ant finnancials. We offered to pay for the short bus ride too Mexico, they said it was not necessary since they are right on the border!

    Everything went fine at my hubby's hearing and he was back in Mexico that night/next morning (1 am)
    Edit:
    Quote Originally Posted by Angelia View Post
    I'm not sure JMRG if its a master hearing. I know it will be the first time he goes before immigration judge since he's been detained. He does have one criminal charge. Solicitation of Prostitution. How can I defend that? We were togather when this happened. (Pretty embarassed first time I've disclosed this info here.) It was in 2005. But that's all that's on his record. Any Advice?
    Angelia-

    He should be fine. My hubby had 2 MIP (minor in possession of alcohol), 1 DUI and 1 petty theft! None of these were brought up at his hearing, they had (US attorney) his record right there!

    Back in 2003 (My hubby was arrested for DUI, driving with License suspende, open container, small amount of drugs, 2 traffic violations) This whole case was dismissed and was only given 2 traffic tickets!

    But at his VD hearing the US attorney acted like he had a warrant out for this case (for the drug part). Which was not true. My hubby's attorney had the Officila court record showing charges dropped and case closed. The Judge didn't even want to look at it. He told the US attorney if he had a warrant out for him In MI do you think they are going to come and get him? The Judge said I don't think so and it looks like there is nothing.

    I'm just trying to stress to Angelia that the Immigration Judges in El Paso, wouldn't even let me speak at the hearing or take a letter, they pretty much don't care!

    Angelia do you guys have any Immigration paperwork started?
    Last edited by Murillo79; 10-03-2008 at 11:53 PM. Reason: Automerged Doublepost

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    Before taking VD make sure your husband isn't eligible for some other form of relief, i.e., cancellation of removal.

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    Quote Originally Posted by Kolken View Post
    Before taking VD make sure your husband isn't eligible for some other form of relief, i.e., cancellation of removal.
    Don't you have to be present for 10 years before you can get cancellation of removal?

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    Quote Originally Posted by Angelia View Post
    I'm not sure JMRG if its a master hearing. I know it will be the first time he goes before immigration judge since he's been detained. He does have one criminal charge. Solicitation of Prostitution. How can I defend that? We were togather when this happened. (Pretty embarassed first time I've disclosed this info here.) It was in 2005. But that's all that's on his record. Any Advice?
    Sounds like he is going to a Master Calendar Hearing. What usually happens in this situation is that the IJ would: explain to him the immigration violation charges, see what forms of relief is available to him and inform him about the low cost or free legal services in the area his hearing is held.

    If he is deemed qualified for a VD, he can have an individual hearing and the merits of the case will be discussed. At the individual hearing, he has the option to ask the judge why he wants the longest lenght of stay possible: He can demonstrate this by a notarized letter from you stating your hardships and that you are dependent to him. You must provide evidence, though. For example, if you are claiming financial hardships, you need to document it. Just an example. He needs to demonstrate that he wants to take care of his personal stuffs over here first before leaving. Other important factor of VD would be to avoid the stigma of a formal removal by departing the country at HIS OWN expense. It should not matter if Mexico is 15 minutes away from where he is.

    Regarding his criminal history: He needs to show that he took care of the sentence by showing certified documents with information of the arrest, judgement and sentence.

    At Kolken: Angelia was considering COR but she believes that she would need to spend money on a competent lawyer which she does not have. Her financial issue is the hindrance.

    At Murillo: I'm sorry if the IJ was harsh to your husband. But even if the IJ possesses discretionary powers, s/he should provide each applicant a chance to hear the merits of a relief in which the applicant is asking. Your experience may be different since every case is unique. I believe there are lenient and strict judges, but there discretionary decisions should bind with the law.

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    Quote Originally Posted by JMRJ View Post
    Sounds like he is going to a Master Calendar Hearing. What usually happens in this situation is that the IJ would: explain to him the immigration violation charges, see what forms of relief is available to him and inform him about the low cost or free legal services in the area his hearing is held.

    If he is deemed qualified for a VD, he can have an individual hearing and the merits of the case will be discussed. At the individual hearing, he has the option to ask the judge why he wants the longest lenght of stay possible: He can demonstrate this by a notarized letter from you stating your hardships and that you are dependent to him. You must provide evidence, though. For example, if you are claiming financial hardships, you need to document it. Just an example. He needs to demonstrate that he wants to take care of his personal stuffs over here first before leaving. Other important factor of VD would be to avoid the stigma of a formal removal by departing the country at HIS OWN expense. It should not matter if Mexico is 15 minutes away from where he is.

    Regarding his criminal history: He needs to show that he took care of the sentence by showing certified documents with information of the arrest, judgement and sentence.

    At Kolken: Angelia was considering COR but she believes that she would need to spend money on a competent lawyer which she does not have. Her financial issue is the hindrance.

    At Murillo: I'm sorry if the IJ was harsh to your husband. But even if the IJ possesses discretionary powers, s/he should provide each applicant a chance to hear the merits of a relief in which the applicant is asking. Your experience may be different since every case is unique. I believe there are lenient and strict judges, but there discretionary decisions should bind with the law.

    The Judge wasn't harsh! Maybe they just didn't have time to review the letter or let me speak. Our attorney said the Judge was very fair, because teh US attorney didn't want to give him VD.

    Doesn't cancellation of removal, you have to be in the US at least 10 years?

    If my husband goes back before the Immigration Judge this time what should he expect?

    He just got VD this April and is in custody in El Paso again, but he is waiting for his criminal hearing? They are charging him with giving a false statement, while attempting re-entry!

    The stuff about El Paso and paying, when you get VD in El Paso they do it under sfaeguards, it doesn't come up on your record at the GOVT expense. If the Judge orders VD under safeguards they are required to take you to the bridge.

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