i dont think i explained my case that well thats why im not realy getting help..so here it goes again...my father filed for political asylum and it was denied, we went to court and there our lawyer told my family and i that the judge had reviewed our case and there was nothing we could do so he told us to sign a voluntary departure, my father thinking it was the good thing to do,since the lawyer said it, did it. once that signed we had 120 days to leave the country, but while we were in the court room we noticed that the lawyer did not change our adressed so we came to the conclusion that he didnt care for our case.so in the between of that time (the 120 days)my father discovers that this lawyer didnt take care of our case at all, so we hired another lawyer who when he went to look up our file in immigration it was blank.and we filed for inneffective assistence of the first lawyer. this new laywer meanwhile filed for a motion to reopen the case to the supreme court, and told my family and i that the voluntary departure time (the 120 days) was tolled, and all we had to do is wait for the higher court to respond to see if they were going to reopen the case, and then ICE came to my house and detained my father and i and we were deported and so was my mother and sibilings. Now we werent illegal, we had permit to work and drivers licences till the last day. i lived in the US for 6 years,and its been 4 months since i been deported to argentina. i do have a family member who is a US citizen, my aunt. now i would like help on how to resolve this and see if theres any chances of me coming back or applying for a waiver, i hope i made it more clear now. oh and another question, when i got to the US i was 13 and im now 19 and my sibilings are 16 and 17 can they still had been deported? is there any rule regarding the age we were brought to the US
This message has been edited. Last edited by: catcaro,
DEPORTATION / REMOVAL 1.) CANCELLATION OF REMOVAL FROM THE U.S. 2.) DEPORTATION AND DETENTION
CANCELLATION OF REMOVAL FROM THE U.S.
Under pre-1996 immigration law, people who could prove that they have been residing continuously in the U.S. for at least seven years, had good moral character and would suffer extreme hardship if they were deported could qualify for suspension of deportation and a green card. They could win suspension of deportation by showing extreme hardship to themselves or to a close family member who was a U.S. citizen or permanent resident. However, you can no longer apply for suspension of deportation under the old immigration law unless you are from Guatemala or El Salvador.
Under the 1996 immigration law, you can apply for what is now called "cancellation of removal" and obtain a green card if you can prove that you have been living in the U.S. continuously for at least ten years, have good moral character, and that a close relative who is a U.S. citizen or a lawful permanent resident would suffer extreme hardship if you were deported or removed from the United States.
In order to qualify for cancellation of removal you need to wait another few years until you have been in the U.S. for at least 10 years. It is not enough to have been living in the U.S. for ten years, you have to prove it with documentation. You will have to present documents such as bank statements, rent receipts, utility bills, etc., for each year that you have been residing in the U.S.
Second, the fact that you have been paying income taxes each year helps to show that you have good moral character. Also, the fact that you have never been in trouble with the law helps to demonstrate your good moral character. Additionally, if you are involved in community organizations and activities that help the community, this will help to prove that you have good moral character.
Third, under the rules for cancellation of removal, the hardship to yourself if you had to return to your home country is no longer considered as a factor. Only the hardship to your U.S. citizen children or spouse would be considered as important. If your children are very young and are in good health, an immigration judge would probably find that they could return to your home country without suffering extreme and unusual hardship. Young children are thought to have an easier time adjusting to a new environment than older children. Older children who have already adjusted to the American school system, and can speak, read and write only in English and who do not know the language of the home country would suffer much more than younger children if forced to return to their parents' home country. If you can prove that you would probably be killed if returned to your home country, this would be important only in so far as it impacts on your young children. Thus, the psychological effect of losing their parent and the financial impact of losing their main source of financial support would be considered. Of course, if the children were also in danger of being killed if they were returned to your home country, this would show extreme hardship.
TOP | MAIN PAGE
DEPORTATION AND DETENTION As of June 24, 2002, INS had detained a total of 752 individuals on immigration violations since September 11th in connection with the investigation into the terrorist attacks. Of these, 81 are currently being detained. The rest have been released on bond pending resolution of their immigration charges after they were determined to have no links to the investigation or to terrorist organizations, or their immigration proceedings have been completed and they have been released or removed. Of the 81 who remain in USICE detention, 73 have had a removal (deportation) hearing. Thirty-eight have final orders of removal, and the USICE is trying to remove (deport) them as soon as possible.
As of May 29, 2002, 611 individuals detained by USICE have been subject to closed hearings pursuant to a directive issued by the Chief Immigration Judge on September 21, 2001.
However, most individuals in INS detention are not suspected of or charged with being involved in terrorism. Many are asylum applicants, minor children, permanent residents who have completed a criminal sentence and others charged with various immigration violations.
If USICE believes that you are not legally in the United States, USICE will serve you with a Notice to Appear, charging you with specific immigration violations and ordering you to appear in Immigration Court. Previously called deportation or exclusion proceedings, immigration court proceedings are now called removal proceedings. Once you appear before the Immigration Judge, the judge will determine whether you are removable (deportable). If you are determined to be removable from the U.S., you may request relief from removal (deportation), such as asylum, withholding of removal, cancellation of removal or voluntary departure. If you are a long-time permanent resident, and have a criminal conviction dating from before April 1996, you may also be eligible for 212(c) relief, which is a waiver of deportation.
If you are in removal proceedings, you have a right to be represented by an attorney at your own expense. You also have a right to a court-appointed interpreter, if you are unable to speak English fluently. You have a right to present evidence in your favor and to cross-examine witnesses.
Should you lose your case before the Immigration Judge, you have the right to appeal to the Board of Immigration Appeals (BIA), and may remain in the U.S. while the appeal is pending. If the BIA denies your case, you will be under a final order of removal (deportation), and USICE may then arrest and deport you. However, you will have 30 days from the date of the BIA decision to go into federal court for yet another appeal and to stay your deportation.
In order for USICE to deport someone, USICE must obtain a valid travel document and the home country must be willing to accept him or her. USICE has difficulty deporting nationals of certain countries, and thus those individuals may spend a great deal of time in USICE custody while under a final order of deportation, while USICE is trying to deport them. If an individual is in USICE custody for more than 90 days while under a final order of deportation and USICE is unable to deport him or her, that individual may apply for release.
If you have a final order of removal or deportation against you, local police may now arrest you on your removal or deportation order. This is a change from past practice, whereby only immigration officers could execute deportation orders. A new federal rule, effective August 23, 2002, permits local police officers to exercise Federal immigration enforcement authority, and arrest aliens on deportation orders.
If the higher court did not respond its because they affirmed the lower courts decision. The supreme court would probably elect not to hear a case like this since it isn't constitutionally based. Your father signed the voluntary departure order. He should have torn it up and asked for a continuance at the moment you realized your attorney was a little flaky. Assuming he actually was a misfit.
Your siblings were also deportable because of their status, not their age. The only good thing is anyone under 18 at the time of deportation does not accrue time for any future ban from re-entry. You probably will incur a ban since you are over 18. From the time of your 18th birthday until you actually left would count towards this ban. You may be subject to a 10 yr ban if you were here when you turned 19. If you left prior to your 19th birthday it may be a 3 yr ban. If you left prior to 180 days past your 18th birthday there may not be a ban at all.
There isn't much hope unless you can show extreme hardship to some relative here for your absence. Apparently that isn't the case.
You voted democrat. This country is not worth sneaking into any more.
Posts: 5743 | Location: San Antonio TX | Registered: 06-08-2007
thank you, so would that mean that my sibilings would be able to come back and not have 10 years bar? that would be great because they lost time in school and if they go here they would loose time. and if so how would they be able to go back? get some type of visa?
DEPORTATION / REMOVAL 1.) CANCELLATION OF REMOVAL FROM THE U.S. 2.) DEPORTATION AND DETENTION
CANCELLATION OF REMOVAL FROM THE U.S.
Under pre-1996 immigration law, people who could prove that they have been residing continuously in the U.S. for at least seven years, had good moral character and would suffer extreme hardship if they were deported could qualify for suspension of deportation and a green card. They could win suspension of deportation by showing extreme hardship to themselves or to a close family member who was a U.S. citizen or permanent resident. However, you can no longer apply for suspension of deportation under the old immigration law unless you are from Guatemala or El Salvador.
Under the 1996 immigration law, you can apply for what is now called "cancellation of removal" and obtain a green card if you can prove that you have been living in the U.S. continuously for at least ten years, have good moral character, and that a close relative who is a U.S. citizen or a lawful permanent resident would suffer extreme hardship if you were deported or removed from the United States.
In order to qualify for cancellation of removal you need to wait another few years until you have been in the U.S. for at least 10 years. It is not enough to have been living in the U.S. for ten years, you have to prove it with documentation. You will have to present documents such as bank statements, rent receipts, utility bills, etc., for each year that you have been residing in the U.S.
Second, the fact that you have been paying income taxes each year helps to show that you have good moral character. Also, the fact that you have never been in trouble with the law helps to demonstrate your good moral character. Additionally, if you are involved in community organizations and activities that help the community, this will help to prove that you have good moral character.
Third, under the rules for cancellation of removal, the hardship to yourself if you had to return to your home country is no longer considered as a factor. Only the hardship to your U.S. citizen children or spouse would be considered as important. If your children are very young and are in good health, an immigration judge would probably find that they could return to your home country without suffering extreme and unusual hardship. Young children are thought to have an easier time adjusting to a new environment than older children. Older children who have already adjusted to the American school system, and can speak, read and write only in English and who do not know the language of the home country would suffer much more than younger children if forced to return to their parents' home country. If you can prove that you would probably be killed if returned to your home country, this would be important only in so far as it impacts on your young children. Thus, the psychological effect of losing their parent and the financial impact of losing their main source of financial support would be considered. Of course, if the children were also in danger of being killed if they were returned to your home country, this would show extreme hardship.
TOP | MAIN PAGE
DEPORTATION AND DETENTION As of June 24, 2002, INS had detained a total of 752 individuals on immigration violations since September 11th in connection with the investigation into the terrorist attacks. Of these, 81 are currently being detained. The rest have been released on bond pending resolution of their immigration charges after they were determined to have no links to the investigation or to terrorist organizations, or their immigration proceedings have been completed and they have been released or removed. Of the 81 who remain in USICE detention, 73 have had a removal (deportation) hearing. Thirty-eight have final orders of removal, and the USICE is trying to remove (deport) them as soon as possible.
As of May 29, 2002, 611 individuals detained by USICE have been subject to closed hearings pursuant to a directive issued by the Chief Immigration Judge on September 21, 2001.
However, most individuals in INS detention are not suspected of or charged with being involved in terrorism. Many are asylum applicants, minor children, permanent residents who have completed a criminal sentence and others charged with various immigration violations.
If USICE believes that you are not legally in the United States, USICE will serve you with a Notice to Appear, charging you with specific immigration violations and ordering you to appear in Immigration Court. Previously called deportation or exclusion proceedings, immigration court proceedings are now called removal proceedings. Once you appear before the Immigration Judge, the judge will determine whether you are removable (deportable). If you are determined to be removable from the U.S., you may request relief from removal (deportation), such as asylum, withholding of removal, cancellation of removal or voluntary departure. If you are a long-time permanent resident, and have a criminal conviction dating from before April 1996, you may also be eligible for 212(c) relief, which is a waiver of deportation.
If you are in removal proceedings, you have a right to be represented by an attorney at your own expense. You also have a right to a court-appointed interpreter, if you are unable to speak English fluently. You have a right to present evidence in your favor and to cross-examine witnesses.
Should you lose your case before the Immigration Judge, you have the right to appeal to the Board of Immigration Appeals (BIA), and may remain in the U.S. while the appeal is pending. If the BIA denies your case, you will be under a final order of removal (deportation), and USICE may then arrest and deport you. However, you will have 30 days from the date of the BIA decision to go into federal court for yet another appeal and to stay your deportation.
In order for USICE to deport someone, USICE must obtain a valid travel document and the home country must be willing to accept him or her. USICE has difficulty deporting nationals of certain countries, and thus those individuals may spend a great deal of time in USICE custody while under a final order of deportation, while USICE is trying to deport them. If an individual is in USICE custody for more than 90 days while under a final order of deportation and USICE is unable to deport him or her, that individual may apply for release.
If you have a final order of removal or deportation against you, local police may now arrest you on your removal or deportation order. This is a change from past practice, whereby only immigration officers could execute deportation orders. A new federal rule, effective August 23, 2002, permits local police officers to exercise Federal immigration enforcement authority, and arrest aliens on deportation orders.
thanks for ur info, yes we had final deportation order, the thing is with what u explained to me is that im already deported and the other thing i didnt mention on my story was that our second lawyer didnt file for cancelation of deportation while we were detained. i was detained for a month and he never did anythin he said there was nuthing he could do.
Your siblings may apply but I wouldn't count on an approval. Even though they weren't subject to a ban they still must be approved. Part of that will be based on past history which isn't good. They may apply for a student visa. Info here.
You voted democrat. This country is not worth sneaking into any more.
Posts: 5743 | Location: San Antonio TX | Registered: 06-08-2007
asylum?? From Argentina? What happened...run out of beef one day at the supermarket? You and your entire family are nothing but a bunch of liars and scam artists....asylum? Why? Your parents and you scammed the US taxpayers with your phony stories...and abused the visa waiver program (before it was yanked away from Argentina)....start packing...it's time to go home...and as for a student visa? Well, not for high school (except at a private school) and furthermore, you and your visa cheating siblings would have to convince our embassy officials that you would be returning to Argentina after finishing your studies....and there is NO chance of that happening...so yea,,,apply and expect to be denied. The US of A does not want or need visa cheating, phony asylum claimants taking up space in MY country....
I agree with Someone12. Any claim of asylum from Argentina is BOGUS, and the OP's father knew that from the very beginning. Yet another example of illegal aliens thinking that they're way too important to follow America's laws.
Catcaro: You say that you lived in America for six years, and that you're nineteen years old now. By my calculations, that means that you lived in Argentina for thirteen years - it's funny how that doesn't appear to count. I'm sure that you'll feel quite at home in Argentina, as most immigrants from south-of-the-border - whether legal or illegal - seem to have difficulty remembering that they're no longer in their countries of origin. Now, you and your family can speak Spanish forever...and you won't ever have to pretend to miss your "heritage and your culture" ever again.
someone12 im not gonna fight or anything but u dont even know my case and u dont even kno if i payed taxes or not or if i was a good person there or not...and for the rest of the americans who r writing mean things, i appriciate it, i thought this blog would be helpful and not agressive like it is. i really feel disappointed because i learned alot while i was in america and i loved it, but i see that some people on this blog r juz tryin to defend their country in an ignorant way.
catcaro,Dont give up,If I were you I would get a college degree and then apply for a visa.Dont listen to this ignorants .someone 12 ,he never grew up,just live like if he were 12 and sundevil,he just scape from hell.come on guys ,most of you came here illegal and now are judging other people,getting a green card is never going to change who you are an immigrant.And all of us are immigrants,Europeans,americans all of us.We dont own anything.In psalms24:1 The earth is the lord"s and everything in it.we live and die and we dont take anything with us ,not even our hate.
Posts: 138 | Location: Home | Registered: 01-14-2008
Little advice if you want USC understand about illegal , As illegal or immigrant in US, We have to understand them too, why they act like that. You never know maybe in their real life they do has some of illegal friends, or they do has dilema of illegal wife or husband that brought them to this forum. They just act like that on this forum so if you think they are not helping you, just ignore them and using their advice to make your step to be better. I bet if your country the one has GC and good money where ppl want to make better life to your country you will acting like them too.
Sundevil, are you a USC now? Can't remember whether you are or not now.
I was also wondering whether you have dual citizenship or did you give up or made to give up your native country's one?
-------------------------------------------------------------------------------------------- God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too Mr S.U.
catcaro - you are an arrogant snot, who doesn't know what it's like to defend one's country...after all, dirtbag, you and your lying family abandoned yours, under false pretenses....there is no such thing as asylum from Argentina...your father/mother and your entire toilet-cleaning family lied to our border and immigration officials, and lost their case...so leave. The bible does not rule the US of A, god doesn't dole out greencards, so bible quotes do nothing. Grab some kleenex, pack your bags and go back to Buenos Aires, douchebag.
sounds like Fredy has spent far too much time cleaning stables....he has no clue about the rule of law nor do you....you and your family lied and lost, so adios...
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