I sponsored my husband under the LIFE act back in 2001. Our I-130 was approved and so was the EAD. Everythig was going fine and we were scheduled for our AOS interview. At the AOS interview the interviewing officer informed us (and our lawyer) that my husband had an open order of deporation. The attorney explained to him that the order was from 1992 and that in 1994 the oder was upheld and my husband was deported and sent back to his native Honduras. My husband came back WOI and has lived in the US since then. The interviewing officer told us and the lawyer that all we needed to do was reopen the case and then have it closed. Well everyone is saying that they have no jurisdiction to reopen and close the case. We tried for a I-212 that was denied. We are at our wits end with this and do not know what to do! What we do not understand is why BCIS (Formally INS) would provide a work permit all of these years. We were also informed that the LIFE act does not help people that were deported or ordered deported. If this is the case then why did the US Govt take our $1000. We were under the impression that by paying that fine, it gave you "amnesty" for entering the county WOI. We have US kids, own our house, all 5, yes 5, of our cars, have a successful business and pay our taxes (What ever documentation an interviewing officer would want to see we would be able to produce withOUT a problem). Does anyone have any advice? Anything that anyone has would be VERY greatful!
What happened to you happened to many. First of all, just because has EAD doesn't mean it's okay. If there's a pending case and appeal, the USCIS usually grants work permit. The Life Act was not for those with deportation orders or have been deported. Why they still got your $1,000? The USCIS just like most of the government agencies are after your dollars. Sorry...you got s c r e w e d.
Did you consult with an immigration attorney before you filed the I485-A supplement? and if you did, did you also inform that attorney that there was an outstanding deportation order against him at the time?
USCIS will let anybody file an petition/application with the proper fee. It will go to a file until it is time for adjudication.. for approval or denial. It is up to you as an individual to have the best advice from a professional before you file any applications.
Now I dont know if Mohan still visits this board, but you may want to direct a thread to Mohan who could give you expert advice in this matter.
Yes, we have 3 Immigration attorneys on this! (you couldn't imagine the amount of money spent)! But we are so baffled because the interviewing officer informed us of what to do! If he is not eligle then fine send me a letter stating that with a refund of the $1000 that was spent. His original order was made in absentia back in 92. (When he came to the US he was a minor, so when he was apprehended in 88 was taken to like a half way house for minors--mind you this is a place that INS took him and works with). The only problem is he (and others) were only allowed to stay for 10 days and you have to leave. Where does a minor know where to go? He was sleeping on the streets until he noved to Oklahoma. (he at the time didn't know where he was going so what address change was he going to fill out). INS sent the letter for him to appear in court, now this letter is sent back to INS return to sender no one by that name is there (We have copies of this). So of course he missed his court date and was ordered deported in absentia. Well he was apprehended in 1994 in Colorado. When he was apprehended he was informed that he had an order of deportation and what would he like to do? He signed the papers and voluntarily went back to Honduras. At that point I am thinking that the deporation warrant is no longer in effect. I guess that is why I am so confused.
If Mohan or anyone else can provide somemore info that would be great! THANKS!
of course, y14gemini has conveniently forgotten that none of these problems would have happened had her dirtbag scumball illegal alien $hit-for-brains irresponsible border-jumping visa cheat obeyed our laws in the first place. And now the village i d i o t cannot understand the situation - which is a product of having an IQ below 90.
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