My ex gave me a subpoena to produce all my immigration papers including my any correspondence with USCIS related to my AOS application based on GC filing through his employment, since the separation and my current H1 Visa application with in 10 days. Do I have to give all my papers?
I was thinking that it is my personal property and also I have no clue why he would ask for my papers as it is totally irrelevant to my current DV case. Currently I have Temporary Restraining Order against him for which a court hearing in scheduled on Dec 17th.
Can I do something to prevent it? For sure I don’t want to show my immigration papers to him or to his attorney in any case.
See a lawyer. Just because somebody sends you a subpoena, that doesnt mean they have the right to the given information. Subpoenas can be refused or challenged.
My ex gave me a subpoena to produce all my immigration papers including my any correspondence with USCIS related to my AOS application based on GC filing through his employment, since the separation and my current H1 Visa application with in 10 days. Do I have to give all my papers?
I was thinking that it is my personal property and also I have no clue why he would ask for my papers as it is totally irrelevant to my current DV case. Currently I have Temporary Restraining Order against him for which a court hearing in scheduled on Dec 17th.
Can I do something to prevent it? For sure I don’t want to show my immigration papers to him or to his attorney in any case.
Since the green card filing was done through his employment, it is reasonable to expect that they belong to him as well. You were the beneficiary on a petition filed by him through his employer, so I think legally you are on a thin ice. There is also the issue of whether the documentation sought are material to the issue under consideration by the court? Yes, you dont have to subpoena the immigration documents to your husband unless you are legally required to do, but a competent lawyer can evaluate the language in the court order to advise you a course of action to pursue. For example, if this subpoena is done as a retaliation against you for the case against him scheduled for Dec 17th, then you dont have to respond to it and any court of law will be glad to dismiss this subpoena as nonsense.
Since the green card filing was done through his employment, it is reasonable to expect that they belong to him as well.
Not in the legal sense. In an employment-based case, the LC and I-140 belong to the employer, and each I-485 or DS-230 belong to the alien alone. I cant think of a single piece of immigration paperwork for a derivative beneficiary that "belongs" to the principal alien or employer.
I agree with the rest of the post, Id try and quash the subpoena, or at least make the spouse defend it.
Subpoena to produce Immigration papers by my ex