My wife entered the country in 2001 under a F1 student visa. She overstayed her welcome and we got married in 2005. We applied for I-485 and I 130 in 2006.The I-130 was granted but the I-485 was denied due to not prviding the previous years tax records in a timely basis.I had to request tax transcripts again and resent the same in November, 2006. We hired an attorney in January 2007 and refiled the I-485. We had a hearing with the immigration people in August 2007. They told us that everything looked fine with us having a child together, my income being more than satisfactory and them being convinced that we were in a legitimate marriage. In January 2008, we received a letter from Immigrations reiterating the denial of the initial I-485 but no response to the one that we refiled in January 2007 with the in person hearing in August, 2007.

We visited the immigration office today and was informed that the second I-485 was denied and was given a notice to appear before the immigration court for the removal process. The notice to appear did not have a court date.

What are our chances with the immgration court? Will the court not overturn this decision that was based on a technicality? Any advise will be appreciated.