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how to remove deportation from my husband who was denied second time his asylum?

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  • how to remove deportation from my husband who was denied second time his asylum?

    I have a problem. I am a US citizen and my husband is not. His asylum was denied second time and EAD is expired. I am dependent on him and we have a child. In case, if he has a deportation- how can he remove it if it was given in 2003 and if not, then can I apply for the petition for him to get a green card?
    Please anybody suggest me something useful.

  • #2
    I have a problem. I am a US citizen and my husband is not. His asylum was denied second time and EAD is expired. I am dependent on him and we have a child. In case, if he has a deportation- how can he remove it if it was given in 2003 and if not, then can I apply for the petition for him to get a green card?
    Please anybody suggest me something useful.

    Comment


    • #3
      www.immigrate2us.net

      Did he enter legally, and when?

      Comment


      • #4
        Depending on how he entered the country. You can simply file an I-130 petition for a relative. You can also file an I-765 for him so he can work while the I-130 is in process. Depending on where you live, can file all three applications concurrently (I-130, I-765 and I-485).

        Comment


        • #5
          Thank you guys for the reply,
          My husband has entered at the year of 2000 in december illegaly. WIthout visa. He was taken in immigration jail in El Paso, 3 months later he was released and afterwards he was called for the hearing,
          first hearing had denied for the assylum and afterwards he filed to the state court of texas for appeal and it was denied too. He got denial in 2003 from immigrational. afterwads, in the letter stated if during 30 days of that denial he will not file for the 3rd circuit he will get final order or deportation and letter in the return back to his country Russia.
          He did not speak English at that time so he could not file ti and he had low income he could not find a proper lawyer to do that for him. Now, I have called to immigrational adviser she said thta nothing can be done and he should wait for 6 years in not working and nothing. I know it is not true. Something can be done. He did not receive a letter of the deportation. Therefore, he does not know whether there is deportation or not. So what if there is deportation- how can he take it off?

          Comment


          • #6
            He entered the country illegally?
            you won't find much luck...besides he already violated more than the one law...he never returned and refused to obey the order by US government to return to his home country aka deportation...

            If you break the law,your a.s.s. is grass..
            and again folks, being married to a US citizen does not mean s-h-i-t, you can ALWAYS any time be denied and deported,if you come illegally here.Same can happen for folks getting in here with a tourist visa,and getting married,just because they did not wanna file for a finacee visa,even they can be deoported.

            I can not give any help or advice for people who break the law...it would be an insult for me,who came here as many others "by the book" by law!!!

            Comment


            • #7
              was he released on supervision visitation from El Paso? It looks to me that he don't have asylum case. it may be he didn't meet the merit to get an asylum. did you filed I 130 ? if yes what was the result?
              Its a discussion, not a legal advise..

              Comment


              • #8
                I did not file I 130. Cause I was afraid that INS might find his case and deport him.

                Comment


                • #9
                  Oh yeas by the way HBKHBK,
                  usually those who break the law cause of certain circumstances they write in these forums for help. And if you don't want to help- than why did you write like that? To show off and insult me. Cause I am depressed right now and dont know what to do. How would you feel if you were in my case. I wonder? I guess you would not know- cause you never have been.

                  Comment


                  • #10
                    you need good lawyer, who can do the filing for you because you don't have any way , not right now. if you would have filed I 130 and got it apporved you might had chances. here how it will go,

                    first you file I 130 , and when you get call for Interview then prior to interview date you must file a motion to reopen the same case in BIA( I kow it is lat and case will be denied necause there is time limit to filing ) but most probebly on the interview he will not be detained because he has Motion pending, same time you will file for stay based upon the motion, BIA will not act on it. this filing a motion is to just take a time off from getting picked up.
                    Once the i 130 is approved, then your attorney will go to immigration counsel and he will be able to file a joint motion. service will join the motion if he has no crime and have enough hardship to USC/LPR. jointly agreed motion concent in writing has to be obtained. once the motion is opened , immigration judge will terminate this case and he will be able to adjust laterz.
                    Its a discussion, not a legal advise..

                    Comment


                    • #11
                      Sharon, no disrespect or whatever, but You would not be in that situation if he would have came here LEGALLY,like most people do.

                      And if I were in your shoes?
                      sweetie, I came to this country Legally,I could have done illegally to,but guess what.I choose to come here legally by the law,otherwise I would have put my wife in a situation that you are in right now - sad and depressed.
                      Don't blame me for that,if he would have came her legally and got married to you by the ins rules.You guys would be happy now and you would not be in a stage that you are in now.

                      I did not mean to insult you,I am saying,its an insult to me,trying to help people,who try to by-pass the law and entered illegally and expect the same results as someone being here legally.That makes no sence to me.

                      I wish you the best,but you also need to understand my point of view.Again, did not mean to disrespect you.But your man broke the law big time!

                      Comment


                      • #12
                        Oh yes- mohan
                        what are the other ways that deportation can be taken off besides what you just had suggested?

                        Comment


                        • #13
                          other then that the only slim chances are to open the same case if his country condition is changed to worsen. he must have proof which should only belongs to hi to meet the merit. CAT to group or certain religion or community is not enough unless he can prove that it heppend to him or his family or may will happend to him if removed. other then that there is no chace.
                          Its a discussion, not a legal advise..

                          Comment


                          • #14
                            Dear Mohan
                            I have just asked suggestion from one known lawyer and she told me to wait 3-4 years in order for my husband can file the Suspension of deportation or removal. During these 3-4 years my husband's State ID will not be able to be renewed since he does not have a permission to work. Can he file form for his authorization to work form in order to receive card, therefore his social security will be valid for at least like 2-3 years until he can adjust to a status?therwise, on the income taxes he is not allowed to show that he is working.

                            Comment


                            • #15
                              not true.. your attorney is playing games with you.. there is no provision of suspension for Alien who already had had his removal proceedings done.
                              first of all ther is no suspension of deportation anymore after the act of 1996, which implemented on sept 30th 1996 and effective date was april 1st 1997. this Law called Illegal Immigration Reform act of 1996. Suspension was changed to removal and Physical presence time period was extended from 7 years to ten years, OSC was changed to NTA, HArdship is changed to Unusual extreme to USC/LPR only.
                              Any Alien put into deportation/Removal proceedings willhave to issued NTA/OSC, which stops the physical clock from running ( aquiring Physical presence prior to NTA or OSC). BAsed on that his physical clock is already stoped. CHECK 1 800 898 7180. Now you tell me how the alien can be eligible for suspension/stay of removal who's cannot aquire ten year physical presence..
                              Your Attorney is BU LL...
                              Its a discussion, not a legal advise..

                              Comment



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