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Subject: Individual hearing while changing from asylum case to family-based Posted on: Sat, 9 Feb 2008 08:46:59 +0000 (UTC)

Hi. My husband has his Individual Hearing next month and I'm wondering
if I need to be there. Let me explain (for the purposes of this
exercise, let's call my husband Sam). Btw, we actually do have lawyers
in Boston, but I'm just curious to see if anyone who's been through
this can impart some wisdom.

January 2006: Sam (a Moroccan) is detained for overstaying his visa
and placed in detention. He pays bond and then files for asylum.
March 2007: Master Hearing, in which Sam's Individual Hearing is
scheduled for a year hence.
August 2007: Sam marries Katy.
August 2007: Katy files i-130 on Sam's behalf.
January 2008: Katy & Sam receive receipt for i-130.
March 2008 (upcoming): Individual Hearing.

My question: Given the ridiculous delays in processing, will the judge
at the IH be prepared to make a decision now that we're trying to
switch the case to a family-based petition? My fear is that we're
going to pay all of this money to fly up to Boston, take time off
work, etc., and then the judge is just going to schedule another
hearing so he can review the i-130 paperwork. Anyone have any
experience with this?

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