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  • Removal Question

    My husband, who is (was) a legal permanent resident, was ordered to be removed from the US in April of 2000. He is still in the US, and is currently being held for INS pickup. Is there anything that can be done so that he may stay in the US? He has been here since 1974. His parents and all his brothers and sisters are in the US. HIs father naturalized and the majority of his siblings are US born I am a US citizen, and he has five children and one grandchild who are all citizens. Please let me know what you think, so that I may proceed with hiring an attorney if I need to do so. Thank you for your time.

  • #2
    My husband, who is (was) a legal permanent resident, was ordered to be removed from the US in April of 2000. He is still in the US, and is currently being held for INS pickup. Is there anything that can be done so that he may stay in the US? He has been here since 1974. His parents and all his brothers and sisters are in the US. HIs father naturalized and the majority of his siblings are US born I am a US citizen, and he has five children and one grandchild who are all citizens. Please let me know what you think, so that I may proceed with hiring an attorney if I need to do so. Thank you for your time.

    Comment


    • #3
      What did he do to be ordered removed. LPR's are not generally removed.

      Please give us this information and perhaps we can help you in some way!

      and contacting a lawyer couldn't hurt... it would be one more opinion!!!

      Good Luck!

      Comment


      • #4
        In 1990 he was pulled over after going hunting, and they got him on a concealed weapon charge. In November of 1997, INS took him, since the 1996 reform made him eligible for removal. We were going through removal proceedings, beginning to do an adjustment of status, when I (stupidly) wrote his next hearing date on the wrong spot on the calendar. He ended up going a day late. Since he missed the court date, he was automatically ordered to be removed. I'm currently getting the supporting documents together for a cancellation of removal, but I'm not sure if that will work since he's already been ordered removed. Any help and advice is GREATLY appreciated!!

        Comment


        • #5
          Hi. I wish I had more information to tell you, but I am afraid that this is not my area of expertise.

          However, first, get a lawyer!!!

          Also, you must be aware that I am not at all sure how missing a hearing will affect the case. However as the crime was committed prior to 1996, the 1996 law should not apply, only that which was in place prior to the reform.

          When doing research for our case, I came across several court documents and decisions that indicated that the 1996 law cannot be applied to "crimes" committed prior to that time.

          Therefore, with a good lawyer, I think you might have a good chance to make a good case, and have your husband's LPR status retroactively reinstated.

          I wish you the very best of luck with this!!!!

          Comment


          • #6
            Thank you so much for the advice Spouse! I guess I have lots more research to do. Any ideas as to where to start? Right now I'm trying to gather funds to hire a lawyer, but it's difficult since he was our sole source of income and I have yet to be successful in finding a job. He's been in immigration's hands since yesterday, and I have no clue where he is or how to find out. Last time he was sent to Bradenton, but I called earlier and he's not there This waiting game really kills me!

            Comment


            • #7
              You might want to check with the Catholic Organization in your area. They often help basic immigration issues for free, and might be able to recommend a lawyer that would work for less money.

              However, that doesn't necessarily mean that you have the best lawyer.

              To go for the best possible lawyer... I am not really sure what to tell you, but you might try calling non-immigration lawyers offices and see who you get recommended the most often.

              Or post what area you live in and see if anyone knows of a really good lawyer in that area.

              Otherwise, just call around in the yellow pages, and see who you get the best feeling from.

              I wish you a lot of luck!!

              Comment


              • #8
                He had 16 years to become a citizen, and he never did. That's nice.

                >beginning to do an adjustment of status

                I thought he already HAD a gc?

                Was his crime ONLY having a gun on him??? I HIGHLY doubt a judge will deport him if that's all he's done in 30 freakin' years of beinga LPR. But i have a feeling he's probably ahd other things that are not mentioned here.

                -= nav =-

                Comment


                • #9
                  Spouse: I live in Orlando, Florida. I've looked at the Catholic Charities website to try and get info, but had no luck. I have a number for them in St. Petersburg, so I'll try there. Thanks!

                  Moondin: He arrived in the US in 1974 at age 10. He didn't get his LPR until 1990, and a few months later ended up with the concealed weapons charge, which was a felony. As far as I know, if you have a felony conviction you can't apply for citizenship, or am I wrong? Other than a few traffic violations, he's done nothing else wrong.

                  Comment


                  • #10
                    Hi Susana

                    YOu are not telling an accurate story here.

                    Was your husband already out of legal status when you married him? It sounds like it.
                    It appears from what you wrote that your husband was already in removal Proceedings when you married him/ or shortly after.
                    Is that correct?

                    YOur marriage as base for AOS was to be done in immigration court in order to take him out of removal proceedings. Is that correct?

                    What kind of "rifle" was this that was used for hunting that got classified as a concealed weapon?

                    If you want to get the help that we can give you. Please be more clear in the facts, and timeline. I know this is upset time b/c you need to get him out. Many Lawyers will give first consult free or at reduced rate. Make sure you find one with expertise in this area of immigration.. otherwise it may be money wasted. Now try to relax and concentrate so that you can make the best choices for sake of husband and family.

                    Comment


                    • #11
                      >beginning to do an adjustment of status

                      I thought he already HAD a gc?

                      He did have a GC. When he was in removal proceedings, the judge told him to file I-485, adjustment of status. I didn't understand why then, nor do I now. IMO it should have just been thrown out, since it wasn't an aggravated felony. But then they wouldn't have had the opportunity to get any money out of the case, I guess. Who knows? I'm a novice at all this immigration business. We have been together since 1996, and he already had his GC then, so I'm pretty much clueless as to how all of this works.

                      Does anyone have a link to where I can read the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996? TIA

                      Comment


                      • #12
                        Well, Suzanna, your case is very complicated! You need to involve at least one attorney if you want to resolve this issue. Prior to 1996, people with firearms offenses petitioned the INS for removal, applied for chancelation of deportation and adjustment of status to that of LPR, after that they started off with a clean slate. Any firearms offense is a deportable offense, but minor offenses are not inadmissiable, that was the basis for that precudure. Now your spouse probably started this process, but then two things happened; the law changes (?) and the missed hearing. If he missed the hearing, and you did not do something about it, then he's most likely ordered "removed in absentia". If he doesn't leave after that order, there is very little relief or oportunity to remain - or return legally to the U.S.

                        Up untill 1999 or so, people with certain pre-1996 convictions were able to petition for the waivers available as if the 1996 laws were not retroactively applied to them for a short time period of 18 months or so. Now that you missed out on all of these (I assume), you should get a good criminal defense lawyer and see what can be done about the orginal conviction and then the immigration status.

                        In my opinion it is not going to be an easy battle, since his conviction occured less than 5 yrs. after he became a lawfull resident of the U.S. which raises issues of "good moral character". Too complicated to be solved on a forum!

                        Comment


                        • #13
                          Originally posted by 4now:
                          Hi Susana

                          YOu are not telling an accurate story here.

                          Yes I am I'll start over from the beginning.

                          He came to the US from Mexico at age 10, in 1974. Whether it was legally or illegally I have no clue. His social security record of employment starts in 1983, so I assume he was legal by then in one fashion or another. In 1990, June I think, he received his LPR. In September of 1990, he got the concealed weapons charge. We got together in 1996. In November 1997, one week after a miscarriage, Border Patrol showed up at our door. They told me they were looking for someone by the name of Jose, that was using our address. I told them I didn't know any Jose. They asked if there were any Mexicans living in the house, which I told them yes, my fiancée is. He asked to see a picture of him, which I showed them. Trevino said that wasn't who they were looking for. I asked him if he had a picture of this "Jose", so he got the file from the car. He showed me the picture, and it was the picture from Enrique's green card. Anyway, to make a long story short-Enrique called Trevino as requested, who asked him to come to the Winter Park BP office, so they could do a visual confirmation that he wasn't "Jose" We went the following day, and they took him into custody then and there and sent him to Bradenton. I guess the whole "Jose" scenario was just a ruse to get him in there. He was in Detention in Bradenton for 36 days when the released him on his own recognizance. Near the end of 1998, after the birth of our first child, he received his first NOA for the immigration court. I guess he told the IJ about me, who asked if we had plans to get married. We had already had a date set for November 12, 1999. The IJ told him that after the marriage to file the AOS, so I guess it was based on marriage. He had a court date of April 4th 2000, but I put it mistakenly on the calendar on April 5th. He went to court on this date, but obviously it was too late. We got the notice in the mail shortly after that he was ordered to be removed due to his failure to appeal in court. We appealed the decision, which was denied. We never heard anything from them again, until January of this year. He was pulled over for an expired tag, and the computer showed he had a warrant for immigration. ICE picked him up from the county jail Monday morning, took him to the ICE office at the airport for an interview, then to another county jail. He was only there for a few hours before they took him again, but I don't know where.


                          Was your husband already out of legal status when you married him? It sounds like it.
                          It appears from what you wrote that your husband was already in removal Proceedings when you married him/ or shortly after.
                          Is that correct?

                          I guess so!

                          YOur marriage as base for AOS was to be done in immigration court in order to take him out of removal proceedings. Is that correct?

                          Yes

                          What kind of "rifle" was this that was used for hunting that got classified as a concealed weapon?

                          It was a .22 caliber rifle. It was on the floorboard of the backseat, covered with a blanket instead of being in plain sight. He received a year's probation for the charge.

                          If you want to get the help that we can give you. Please be more clear in the facts, and timeline. I know this is upset time b/c you need to get him out. Many Lawyers will give first consult free or at reduced rate. Make sure you find one with expertise in this area of immigration.. otherwise it may be money wasted. Now try to relax and concentrate so that you can make the best choices for sake of husband and family.
                          I've gotten the name of a lawyer from another lawyer. The one I spoke to said our options were "A motion to reopen the removal proceedings. A request to the district director for what they call "Deferred Action." and that the man he referred me to specializes in this.

                          Thanks for the help and I hope I made it more clear for you

                          Comment


                          • #14
                            Best of luck to you!!!!

                            Comment


                            • #15
                              Go to "shusterman.com", look-up the "deportation" links.
                              You should find cases and how 1996 laws apply to pre-96 convictions.
                              You could also check Imm.Courts and Fed.Circ.Crt rewievs of similar cases.

                              From what I have read it seems to me that once in a whirwind, there is almost NO chance to get out.

                              Good luck.

                              Comment



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