Another info dump on immigration:
I need to correct something from earlier. Since my experience was in NYC /JFK almost all the of the people were "arriving aliens" because everyone was getting off the plane after an international trip, so I was thinking of Nina in those terms. Being an arriving alien makes getting bail a lot harder because ICE technically isn't letting you enter the country again (even though you ass is in detention center in Newark) but Nina isn't an arriving alien because she didn't leave the country so it puts her in a better position and after I realized this Greta's statement about bail made a lot more sense.
Nina doesn't have any of the major issues (at least that I'm aware of) that would mean automatic ICE bail denial - like criminal history, past deportation, etc..
Therefore, ICE does set standard bail amounts for people who don't have any of the red flag issues that automatically mean no bail. So I do believe that's what Greta is referring too, ICE set a standard bail amount. Catch is ICE obviously didn't give a minimum $1500 bail to Nina but put it up much higher - it can go as high as $100,000. So I believe Tuesday is Nina's appearance before a IJ where they will ask for bail to be lowered and have her next master calendar hearing scheduled. They probably think lower bail is an automatic thing, it's not, but having a lawyer will help a great deal. I'm assuming they will later request that the case be moved close to their residence in Chicago. Funny thing is any plans about a move to sunny CA are kind of fucked now. ICE doesn't look kindly on an immigrant with a constantly changing addresses, esp between states and jurisdictions.
It's obvious Nina is going to pursue asylum, probably to bide time to try and get the marriage I-130 stuff in order if she can. They have fucked themselves in two ways. Now that all this has happen NCIS will scrutinize their marriage much more closely - they will get the grilling interview about their marriage, interviewed separately, etc...
The adversarial asylum claim will be a nightmare of long duration. They will have to make regular court appearances for it and if you miss a court date it's automatic deportation - no questions asked, judge stamps the order right then and there. You will be deported if you fuck up and there is no appeal on that.
I would be shocked if Nina can get a pro-bono lawyer. Pro-bono lawyers usually work for truly destitute clients, the people who have nothing and would be fucked without a lawyer. Even then probably only 3% of destitute clients get lucky and get a pro-bono lawyer. I can't see an immigration lawyer who sees true hardship cases everyday, and takes $5,000 from a Mexican dishwasher with three kids who works 80 hours a week at below minimum wage to pay it, is going to look at Nina and Greta and their troon vacation scam and do work for them pro bono, TLL or not.
Add to the fact Nina's case is quite complicated now and no way is a lawyer going to deal with a complex case for free. Expect TLL to ask donors to pay for a trans lawyer and I'm going to estimate that's $15,000 for the first year of BS but a minimum $5,000 retainer which doesn't include the fees. (Just to file a I-130 and I-485 it's $1100 and that doesn't include all the medical stuff and biometrics you have to pay to submit with it)
Expect Greta to shut the fuck up about Nina and the specifics of her situation after Tuesday if she gets bail. Any lawyer is going to be horrified at all the information they have put out there that hurts their case. The only positive if I'm assuming some of what's out there helps to prove the are in a legit relationship and not faking a marriage for a green card.
The whole working illegally though? Oh, that will fuck her hard on both matters. You do NOT want to work illegally while pleading for asylum/I-130 approval. (It's worse for I-130 approval. In aslyum matters, if the case goes on more than six months and they all do, you can petition for a temp work permit. Temp work permits are usually granted, unless they see you have already been working illegally.) These two idiots still think Nina "working" at TLL is something to brag about but not much they can do about it now, that boat has sailed...
Regardless, having a lawyer ensures Nina will be protected from any type of immediate deportation. You pretty much must have a lawyer in these situation to avoid getting totally fucked