Why do I have to return to Honduras for an Immigration hearing? 14 Answers as of September 07, 2012

I was brought to America illegally when I was 10 years old and have been applying for residency for several years now. I was just informed that I have to go back to Honduras for an immigration appointment but wasn't given any other information. What is this appointment for and what are the possible outcomes?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It depends on how old you are now and what basis you are using to apply for residency.
Answer Applies to: California
Replied: 9/7/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You really need to see an attorney with your documentation so that she or he can tell you exactly what's going on. Do not do anything else right now until you see an attorney. It is cheaper than you think. I see several possible reasons for why you are being told that but they will all be speculations at this point. See an attorney. We can help.
Answer Applies to: California
Replied: 8/26/2012
EMMA HILARIO, ATTY AT LAW | EMMA HILARIO
It appears to me that you are currently being represented by counsel. Depending on the circumstance, you may or may not have to go back to your home country for the hearings. There are CIS provisions to be followed in adjusting status. This response does not create an attorney client relationship for this attorney to do any work for the inquirer. Inquirer is urged to seek counsel and representation from a counsel.
Answer Applies to: California
Replied: 8/20/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You need to speak with an experienced immigration attorney as soon as possible to ascertain what is happening. It is important that you not leave the country until you have spoken with an attorney as you may trigger a bar to admission for unlawful presence. However, you may have to return to Honduras to straighten out your status due to entering the country illegally.
Answer Applies to: New York
Replied: 8/19/2012
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
You may qualify for deferred action and be granted a temporary work permit without having to return to Honduras.
Answer Applies to: Texas
Replied: 8/19/2012
    Coane and Associates
    Coane and Associates | Bruce Coane
    You need to see a qualified lawyer. Generally, if you have been here for over one year and you then leave the USA, you are barred from reentry for 10 years. I always warn my clients NOT to leave, or they will be subject to the 10-year bar.....with very few exceptions. I have not seen your letter, but almost always it says that "there is no guarantee that a visa will be issued." You need to take that warning very seriously, because if you are subject to the 10-year bar for exiting the USA, in all likelihood, you are not coming back.
    Answer Applies to: Texas
    Replied: 8/18/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Since it appears that you entered the U.S. without inspection, I am assuming that you must go through consular processing. If you have not already done so, I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 8/18/2012
    Law Offices of Brian D. Lerner, A PC
    Law Offices of Brian D. Lerner, A PC | Brian David Lerner
    The moment you leave you will be subject to the 10 year bar. I need more information, but you need a waiver at a minimum, and may qualify for Deferred Action. *Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents. *Dream Act - Deferred Action* As you may have heard, the DREAM ACT Deferred Action has now given the opportunity for numerous people to apply for the deferred action. This is not residency and it is not citizenship. However, if done properly, it does permit the issuance from U.S. Immigration of the approval of the Deferred Action, which in turn will allow you to get a work permit, remain legally in the U.S. for the duration of the approval of the deferred action and to be assured that you will not be placed into deportation proceedings. Additionally, this procedure will allow for us to apply for the DREAM Act Deferred Action even if you are in deportation / removal proceedings. Additionally, if you already have a removal or deportation order, we can apply for this relief. Finally, even if you or somebody you know is outside the U.S. that has been deported, but would have qualified, that person also is eligible to apply for the DREAM Act Deferred Action. Keep in mind a few advisals: 1. If President Obama is not re-elected, this form of Deferred Action may be denied and/or revoked; 2. There are no derivative beneficiaries that can apply for this type of Deferred Action. Therefore, there is a risk that you may get the approval, but your parents may be targeted to be placed into Removal Proceedings. However, at that point, depending on the particular case, we may be able to be retained to prepare and submit a Request for Prosecutorial Discretion. 3. If your DREAM Act Deferred Action is denied, there is always the risk that you will be placed into Removal Proceedings. However, the option for you to submit the Request for Prosecutorial Discretion is also open.
    Answer Applies to: California
    Replied: 8/18/2012
    Law Office of Bijal Jani | Bijal Jani
    From the information you have provided, it appears that the appointment in Honduras has to do with an adjustment of status request. It should be noted that if you leave the USA to appear for an interview, you may be barred from re-entering the USA based upon the fact that you have been in the USA illegally for more than 365 days.
    Answer Applies to: New York
    Replied: 8/18/2012
    Gilgannon Law, LLC | Stuart D.P. Gilgannon
    If you are applying for permanent residence, you cannot adjust status here in the United States because you did not enter with a lawful status. You need to leave the country and process your final interview and most likley apply for a hardship waiver as you are subject to the 3 or 10 year ban. Definately find an immigration attorney to help you with these steps.
    Answer Applies to: Wisconsin
    Replied: 8/18/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    This is because you have no status in the US and therefore cannot adjust status within the US. Therefore you have to apply for your immigrant visa (green card) at the US consulate with jurisdiction in your home country.
    Answer Applies to: California
    Replied: 8/15/2012
    Immigration Attorneys, LLP | Robert R. Gard
    It appears as though it has been determined that you are ineligible for adjustment of status within the United States, and are being advised that you must apply for your immigrant visa at the U.S. Consular Post in Honduras. What is not clear is what other remedies you may have, whether the 3 or 10 year bars against readmission are applicable and would kick in as soon as you leave the U.S. for your interview in Honduras, whether you may be eligible for a waiver of inadmissibility even if the bars are applicable, whether you may qualify under the DACA Program being instituted as of August 15th for deferred action, whether you may qualify under Section 245 (a) of the immigration and Nationality Act for Adjustment of Status, whether the stateside waiver pre-clearance program (not yet underway) would allow stateside processing of an inadmissibility waiver, and so many other questions for which you need answers before you even think of setting foot outside of the U.S.
    Answer Applies to: Illinois
    Replied: 8/18/2012
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Are you sure it is immigration hearing? It might be interview as a result of your immigration petition. Of course, you shouldn't go because you will be found inadmissible and be barred for 10 years. You should consult an immigration attorney in your area because chances are you can adjust status in US.
    Answer Applies to: Florida
    Replied: 8/18/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    If you have an approved I-130 immigrant visa, you may not have any other option than consular processing. However, it sounds as though you need to set an appointment for a consultation to better understand your options at this time.
    Answer Applies to: Washington
    Replied: 8/18/2012
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