Immigration Trial And Deportation

Summary

The user, previously under DACA, is facing deportation proceedings due to DUI and battery charges. They are currently out on bond and awaiting trial. They inquired about obtaining a new ID as their original IDs were confiscated by ICE. They were advised that they could apply for a state ID in Kansas if they could provide proof of identity, residency, and legal presence. The user also sought advice on improving their chances in their deportation case. They were advised to consider getting married to their U.S. Citizen fiancé and having her file an I-130 Petition for Alien Relative on their behalf.

Full Conversation

i was detained by ice and was bonded out and now waiting for court trial, they kept all my ids including my drivers license, am I allowed to go get a new id
What is your current immigration status? In Kansas, you may be able to obtain a new ID if you have legal status and necessary documents.
im currently waiting for trial to see if I’m going to be deported
What is the reason for your deportation proceedings? This will help me provide more accurate information.
i was on daca but they’re taking daca away from me
What was the reason given for the termination of your DACA status? In Kansas, DACA termination can occur due to criminal activity, fraud, or non-compliance with program requirements.
charges
What specific charges led to the termination of your DACA status?
dui and battery
What were the circumstances surrounding your DUI and battery charges?
idk
Can you provide more details about the incidents leading to your DUI and battery charges? This will help in understanding your case better.
i was arrested for dui in January and arrested for battery recently
What were the outcomes of your DUI and battery charges? Were you convicted or are these charges still pending?
I was on diversion for the dui and I’m still waiting to go to court for the battery charges
What is the status of your diversion program for the DUI charge? In Kansas, successful completion of a diversion program can result in dismissal of charges.
idk yet I haven’t asked
It's important to check the status of your diversion program. If completed successfully, it could impact your case positively.
can I just get a regular state Id since I won’t get my other ids back from ice until after my court trial is over
What documents do you currently have that can prove your identity and residency? In Kansas, you'll need these to obtain a state ID.
i have mail with my address on it
Do you have any other form of identification such as a passport or birth certificate? In Kansas, to obtain a state ID, you'll need proof of identity, proof of residency, and proof of legal presence.
I have a birth certificate from mexico
In Kansas, a foreign birth certificate can be used as proof of identity. Do you have any document to prove your legal presence in the U.S?
what kind of document would that be?
A document to prove your legal presence could be a valid visa, green card, or employment authorization document. Do you have any of these?
I don’t think so since i lost my daca
Do you have any other documents that could prove your legal presence in the U.S, such as a Social Security card or an I-* form?
i might
Do you have a Social Security card or an I-* form? These documents can be used to prove your legal presence in the U.S.
idk
It's important to find out. These documents can help prove your legal presence, which is required for obtaining a state ID in Kansas.
Even though im in the process of possibly being deported?
Yes, even if you're facing deportation proceedings, you can still apply for a state ID in Kansas if you can prove your identity, residency, and legal presence.
okay, what if I was only legally here because of the daca program?
Even if your DACA status is terminated, you may still be eligible for a state ID in Kansas if you can provide proof of identity, residency, and legal presence.
What ways can help me win my deportation case?
What is your current legal representation situation? Do you have an attorney? In deportation cases, having experienced legal representation can significantly increase your chances of success.
im looking for an attorney at the moment
What type of attorney are you looking for? Immigration, criminal, or both?
immigration
What is your current location in Kansas? This will help me provide you with contact details of immigration attorneys near you.
wichita
Here are some immigration attorneys in Wichita, Kansas:

*. Garcia Immigration Law Firm: (*) *-*
*. Mdivani Corporate Immigration Law Firm: (*) *-*
*. Sharma-Crawford Attorneys at Law: (*) *-*
what are some helpful facts to give my attorney to help in my favor with the case
What is the status of your family in the U.S? Do you have any U.S citizen or permanent resident relatives? This could potentially affect your case.
yes my brother is a citizen here
That's helpful. Has your brother considered filing an I-* Petition for Alien Relative on your behalf? This could potentially help your case.
no, does that process take a long time?
The I-* Petition process can take several months to years depending on various factors like the type of relationship, country of origin, and USCIS workload. It's best to consult with an attorney.
what if I told my attorney about my fiancé and that we planned on getting married next year and starting a family and that we’re on a lease together
Is your fiancé a U.S. citizen or a permanent resident? This information could be crucial for your case.
she’s a citizen
If your fiancé is a U.S. citizen, she can file an I-* Petition for Alien Relative on your behalf. This could potentially help your case.
do we have to be married already for her to file that petition?
Yes, for your fiancé to file an I-* Petition for Alien Relative, you must be legally married.
okay so we could get married sooner than planned and she could file that?
Yes, getting married sooner could allow your fiancé to file an I-* Petition for Alien Relative. However, consult with an attorney to understand all implications.