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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108042
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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why is ICE requesting that I bring my passport each month I

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why is ICE requesting that I bring my passport each month I report, even though they took my old one from me and my embassy would not issue a new one without the old one. How can I resolve this? Can they hold me if I don't have a new passport when I report to their office?
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


Why was it that you were placed on a watch order? Are you still in proceedings?
Customer: replied 3 years ago.


i was arrested in June 2012 and "shipped" to different detention center before being released in January 2013. Our senator also got involved and requested my release which they honored. Thank God for that. I had been in the country without proper legal stay, but I just had my I-130 approved. I was in proceedings, but I don't know if that'd be cancelled now that I have my I-130 approved. At the time, the local ICE didn't know about my approval, but my previous attorney said that I should make a copy and take with me next time I report.

You are still in proceedings unless the immigration judge administratively closed your case which I doubt was done. This is most likely why you keep needing to report. As to your passport, if it is impossible for you to get one, then report without it. They probably sent you a form letter that they send to everyone and isn't specifically tailored for you. If you can get a letter from your country's embassy or consulate stating that they will not issue you a new passport because you supposedly still have the old one, that would be best since ICE has your old one. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Customer: replied 3 years ago.

They didn't send me any letter, it's a written request each time I report to their office. So, you are saying that they cannot hold me because of the passport. I just wanted to know. How can I have a judge remove the proceedings. I also have a letter from my embassy that I showed them, but they are requesting an updated status of my application. Doesn't the I-130 approval remove the removal proceedings?, It was filed by my American citizen daughter.

They can hold you, but I think it would be absurd for them to do so when you can prove that it is impossible for you to get a new passport since they have the old one. But this is why I say to get a letter from your embassy or consulate stating that they will not give you a new one.

But no, the I-130 approval does not automatically give you any status nor does it cause the court case to close. You will need to request a Master Hearing before the Immigration Judge, show them the approved I-130 receipt, and then ask them to either administratively close the case and lift the ICE watch order, or ask for permission to file the I-485 with the court and lift the ICE watch order.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 3 years ago.

I applied for permanent residency while in their custody, but was denied because I didn't include the fees, as I filed a waiver. The application was sent back because of the non-enclosed fees. Which form can I file for the Master hearing? Can I do it myself? Can I refile the I-485 (they included a green notice asking that I should attach that with the fees and send it back


). Do I need a court order to file I-485 or can I do it myself without legal representation.

You write a simple motion (you can do it yourself) and request a Master Hearing and include a copy of the I-130 approval and explain to the judge what you would like to request at the Master Hearing. You cannot file an I-485 unless the judge closes your case or you file with the judge. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
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