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  • i had a deportation question

    i was deported about 4 months ago due to an unfair deportation, my family filed for asymlum and it was denied, we were told by our lawyer to sign a voluntary departure, which we did, after we realized that we could of fought the case so we filed for inaffective assistance of the lawyer and with a new lawyer filed a motion to reopen, so with that motion to reopen we thought the time from voluntary departure would be cancelled we stayed and immigration came to get us.being outside the country we were informed that our laywer (the second one) sent our motion to reopen to the wrong place so it was denied. now i need help to find a way to have a pardon or waiver. also my aunt is a US citizen and filed for my family and i about 7 years ago, maybe theres something to do about it..thanks carolina

  • #2
    i was deported about 4 months ago due to an unfair deportation, my family filed for asymlum and it was denied, we were told by our lawyer to sign a voluntary departure, which we did, after we realized that we could of fought the case so we filed for inaffective assistance of the lawyer and with a new lawyer filed a motion to reopen, so with that motion to reopen we thought the time from voluntary departure would be cancelled we stayed and immigration came to get us.being outside the country we were informed that our laywer (the second one) sent our motion to reopen to the wrong place so it was denied. now i need help to find a way to have a pardon or waiver. also my aunt is a US citizen and filed for my family and i about 7 years ago, maybe theres something to do about it..thanks carolina

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    • #3
      Hello Catataro

      Sorry about your lawyer's lack of expertise. Unfortanately it has cost you.

      How come you didnt apply for asylum in Canada after you were denied . canada asylum is a little easier to get sometimes.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
        ... The voluntary departure was the best option as it leaves the door open to come back some time in the future. If you stayed beyond the departure date you ruined that option. </div></BLOCKQUOTE>

        The highlighted sentence just needs to be refined a little bit though. Departing within the alloted time for VD obviates bar from immediate reentry "only" if the overstay is &gt;180 &lt;365 days that spells a three-year bar.

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        • #5
          Seems you misunderstood what I said.

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          • #6
            Alien said her family signed A VD, but the immigration service came "to get us". It sounds to me as if they overstayed the date they agreed to leave on the VD, and they were indeed removed. <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
            Seems you misunderstood what I said. </div></BLOCKQUOTE>

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            • #7
              Sorry. I just cited a specific rule on VD, in reaction to someone's prior 'general' statement, that may or may not apply on the instant case.

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              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">being outside the country we were informed that our laywer (the second one) sent our motion to reopen to the wrong place so it was denied. now i need help to find a way to have a pardon or waiver. </div></BLOCKQUOTE>


                I'm not a lawyer nor do I play one on TV.. if you stayed more than 180 days you will be barred for 3 years, deportation or not.

                If you stayed more than 365 days you will be barred from re-entry for 10 years.

                In either case I believe a waiver would be the i601 which would be available only if you could prove extreme hardship to a USC spouse or LPR.

                I am sure you could get an attorney to file some kind of motion to re-open your asylum case however as a previous poster mentioned that would be quite the hat-trick.
                "Being all fashioned of the self-same dust let us be merciful as well as just"
                Henry Wadsworth Longfellow

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                  ... The voluntary departure was the best option as it leaves the door open to come back some time in the future. If you stayed beyond the departure date you ruined that option. </div></BLOCKQUOTE>

                  The highlighted sentence just needs to be refined a little bit though. Departing within the alloted time for VD obviates bar from immediate reentry "only" if the overstay is &gt;180 &lt;365 days that spells a three-year bar. </div></BLOCKQUOTE>

                  im sorry i didnt understand what you said...would u explain it a little better? thank you

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
                    Alien said her family signed A VD, but the immigration service came "to get us". It sounds to me as if they overstayed the date they agreed to leave on the VD, and they were indeed removed. <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
                    Seems you misunderstood what I said. </div></BLOCKQUOTE> </div></BLOCKQUOTE>
                    yes thats what happened, according to immigration we over stayed from VD but before we were suppposed to leave we filed for motion to reopen, so our lawyer said to just wait for the court to respond, thats why we stayed in the country.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by republicanwriter:
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">being outside the country we were informed that our laywer (the second one) sent our motion to reopen to the wrong place so it was denied. now i need help to find a way to have a pardon or waiver. </div></BLOCKQUOTE>


                      I'm not a lawyer nor do I play one on TV.. if you stayed more than 180 days you will be barred for 3 years, deportation or not.

                      If you stayed more than 365 days you will be barred from re-entry for 10 years.

                      In either case I believe a waiver would be the i601 which would be available only if you could prove extreme hardship to a USC spouse or LPR.

                      I am sure you could get an attorney to file some kind of motion to re-open your asylum case however as a previous poster mentioned that would be quite the hat-trick. </div></BLOCKQUOTE>

                      we were supposed to leave on March 6,2007 and we stayed till immigration came to my house on september 26,2007 so it was a period of 6 months,and we still got the 10 year bar.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by republicanwriter:
                        ... I'm not a lawyer nor do I play one on TV.. if you stayed more than 180 days you will be barred for 3 years, deportation or not. ... </div></BLOCKQUOTE>

                        As far as I know NO LAWYER is posting on ILW.COM's Discussion Board.

                        Voluntary Departure is a form of relief.

                        Catcaro: what I said was that had you left during the alloted time for you to depart (and you've overtayed your visa for "more than 180 days, but less than a year"), the 10-year bar may not have been applied to you. To understand it more fully, please check this link. But as I said, I stated it as a general rule that may not apply to you.

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                        • #13
                          Which country are you claiming assylum from.

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                          • #14
                            argentina

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                            • #15
                              signing the voluntary departure and not leaving is the worse then case denial in immigration. means that you said to judge that you will leave and then not follo the judge's order.
                              To motion for reopening same case, you have 90 days limit time and only one motion can be filed. there are exceptions , may or may not apply to you. There are many bases to reopen the case. but first is the numeric limit and time limt.
                              Its a discussion, not a legal advise..

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