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  • Need urgent help..deportation... if anyone can help me

    I email this question to sammy but I guess Iam not lucky to get his answer ,I appriciate if anyone can help me.. I almost lost hope.
    I took Voluntary departure and never left. Yes I came Inspected. I got married after 2 weeks of final hearing and hired another attorney. he took
    money for filing AOS package and also took seperately
    for Motion to reopen but filed motion without fees also just 3days before the deadline, due to that
    motion was rejected, he never inform me,but again
    filed the same motion with fees but it was late by 20
    days. judge denied my motion as untimely. Again He
    never inform me about judges decision, everytime he
    told me that motion is still pending, the he filed for
    EAD and when I went to pick up EAD Officer told me
    that your motion is denied and send me to record
    office in Newark to get a copy . I did that and ran
    back to his office where I found out that he had
    decision in my file too. He did motion again which was
    opposed by INS and Denied
    again. Then again he didnot inform me after six month
    when I ask him about my case he checked my file and
    File another motion based upon the married to USC and
    I-130 approved in BIA which was denied too,
    discretionary. he filed appeal to reconsider but was
    denied.
    Then he filed for 3rd circuit court as BIA abused its
    discretion and Judge wrongly made decision as untimely
    appeal but result came as I,m Law abiding person and I
    tried to file motion as timely but was not filed
    timely and ther are no wrong doing by EOIR part.
    The record shows that
    he filed motion without fees and I have proof that he
    took money from me as his fees and motion fees 46 days before the motion filed.
    I never cummit or involved in any crime . Paid all my
    taxes from last 11 years.
    My wife never worked, and we have three kids Us born,
    Wife is citizen.
    I have I-130 approved.
    Please give your comments if anyone is in the same situation, or know the way hoe to reopen the old case?

  • #2
    I email this question to sammy but I guess Iam not lucky to get his answer ,I appriciate if anyone can help me.. I almost lost hope.
    I took Voluntary departure and never left. Yes I came Inspected. I got married after 2 weeks of final hearing and hired another attorney. he took
    money for filing AOS package and also took seperately
    for Motion to reopen but filed motion without fees also just 3days before the deadline, due to that
    motion was rejected, he never inform me,but again
    filed the same motion with fees but it was late by 20
    days. judge denied my motion as untimely. Again He
    never inform me about judges decision, everytime he
    told me that motion is still pending, the he filed for
    EAD and when I went to pick up EAD Officer told me
    that your motion is denied and send me to record
    office in Newark to get a copy . I did that and ran
    back to his office where I found out that he had
    decision in my file too. He did motion again which was
    opposed by INS and Denied
    again. Then again he didnot inform me after six month
    when I ask him about my case he checked my file and
    File another motion based upon the married to USC and
    I-130 approved in BIA which was denied too,
    discretionary. he filed appeal to reconsider but was
    denied.
    Then he filed for 3rd circuit court as BIA abused its
    discretion and Judge wrongly made decision as untimely
    appeal but result came as I,m Law abiding person and I
    tried to file motion as timely but was not filed
    timely and ther are no wrong doing by EOIR part.
    The record shows that
    he filed motion without fees and I have proof that he
    took money from me as his fees and motion fees 46 days before the motion filed.
    I never cummit or involved in any crime . Paid all my
    taxes from last 11 years.
    My wife never worked, and we have three kids Us born,
    Wife is citizen.
    I have I-130 approved.
    Please give your comments if anyone is in the same situation, or know the way hoe to reopen the old case?

    Comment


    • #3
      he only replies to ladies...LOL

      Comment


      • #4
        You have no case whatsoever. Stop giving money to the lawyer. He obviously is unethical. He should have told you that you have no case to begin with. You should file a complaint with the local bar association.

        Comment


        • #5
          While it is admirable to have paid your taxes, you have violated the laws of this country and no lawyer can remedy that.

          Comment


          • #6
            Don't listen to Michael he doesn't know anything about laws, you are probably eliglible for cancelation of removal or something like that, mohan might be able to help you.

            I think you have a case however, you will have to fight it in Federal Court, but you must file a complaint with bar of attorneys of your state!!!

            Comment


            • #7
              I didnot violated any law. I came here inspected , and filed for political asylum, I told my lawyer that I am getting marrried to USC within two week , he suggest me to ask for voluntary departure. so it happend and Lawyer charged me ton of money for voluntary departure. I didnot know the consequences. I thought Marriage case will be adjusted eariler then political asylum.
              I came here for Help not for discouragement, I need a solution.
              If there are no possiblities then I am ready to go back. I only stayed here for my wife and children and still support them. If BCIS want them to go on public support (which I will never let them till Iam here)then its their choice.
              No more negative comments please.

              Comment


              • #8
                Pascal,

                I would seek out another attorney right away that can help you with your case. It is getting too complicated and too risky to rely on newsgroups.

                Some have mentioned that you can find a good immigration attorney through www.aila.org

                I would also suggest you post your request on a larger forum like:

                http://britishexpats.com/forum/forum...?s=&forumid=35

                They have several immigration attorneys that may be able to help you.

                Comment


                • #9
                  Pascal,
                  there are quite some good lawyers in the ILW attorneys list. You can search by specialization and location, e.g. type in "deportation" and it will bring out some attorneys specialized in that area. Pick a few and call them to discuss your case on the phone. Depending who appears strong to defend you, follow up with him/her. Some may help with referrals too.

                  Yes, you can file a complaint with the state bar. You have to compile your case well though against that attorney, otherwise it may be dismissed for lack of evidence.
                  Good luck!

                  Comment


                  • #10
                    Mohan is not responding to you for a smart reason, he's playing "good cop" Hey Mo, you rocks :-)

                    Let me be the tempting "bad cop" delivering the bad news, as always; First off, there is no avenue available once you take VD and don't leave. It doesn't matter how sugar coated you want it, how much TLC you need or whatsoever, this is the fact! There is no lawyer in this world that can bend this part of the law for you. You would have had a chance if your removal order was still pending one way or the other. Having entered inspected, paying taxes for 11 yrs. most was going in your favor. Some cases go on for long years, but once you take the VD you gotta go by the book or you're messing up your last chances.

                    If you gonna start whinning, no need to read the rest; from your post and specifically this sentence "I thought Marriage case will be adjusted eariler then political asylum" I take it that you felt as if you had a choice between marriage AOS or politcal asylum and you were picking the "faster" one for convinience. BCIS is well aware of these kind of fraud cases and you probably could never prove a political asylum (which 90%+ are considered fraudelent by BCIS - read; BCIS, not me - anyway) or the bona fida part of your marriage. A marriage to a U.S. citizen that takes place during removal is not to be considered for chancelation purposes!

                    The VD was granted to you to give you a last solid chance to prove the bona fida of any of your intentions. Because your spouse would be taking over from this part on and it would satisfy BCIS about your motivations, for a legal return to the U.S..

                    The arguments about your lawyer having done such a miserable job don't matter. BCIS does not have to take that into account. Most of their decisions regarding your case are discreationary anyway and you don't have a claim to that discreation! I would urge you to either get the best attorney in the U.S. who can dig up loop wholes and magically find some routes for you that I'm absolutly not aware of, or to leave before you increase your out-of-status presence. From abroad you can try to obtain a waiver of inadmissiable, hardship dadididadada...

                    Comment


                    • #11
                      I like the honest and straight answer. thank you kurdis.
                      Regarding my situation, YES I had choice between political asylum and Marriage cases. I am professional and also had chance to get Sponsorship too which would have took 7 + years, but I choose the shorter route and I,m in mess. I had three years went by with political asylum and had all the proofs, I even have physical torture proof on my body which will never go away.I was qualified for CAT and filed it . One mishapps happend tho, My lawyer who filed the case for asylum was bared from practice and I didnot know that thats why I hired another attorney who gave me advise For Voluntary departure.
                      Marriage is not fake here either, We have three kids from this marriage, I,m still married.
                      the marriage was already proven bonafide when BCIS approved my I-130. And having kids and still living together for last 8 years and raising children proves that marriage is bonafide.
                      lets say I will deport myself. My childern and my wife ,they never visited my country, don't know the language, they have to stay here because my wifes parents and other relatives are here. what chance they have to make their living other then going on public support?
                      Its not that they are Illegal, they are citizens born citizens.
                      in conclusion if it is right what you said of no relief or way out means Immigration Law of this country is really strange who puts their own citizen on public support. The immigration Law who seperate the families.

                      I guess the piece of paper is more important then three citizens life.

                      Comment


                      • #12
                        I don't like slamming a man when he's down, but this kind of comment can't be ignored:
                        in conclusion if it is right what you said of no relief or way out means Immigration Law of this country is really strange who puts their own citizen on public support. The immigration Law who seperate the families.

                        I'm sorry, but the person responsible in this situation is yourself. You caused this by choosing the shortest way to get to GC, by not checking whether your lawyer serving your best interest, by agreeing for VD without knowing its full meaning and effect. Remember, when in doubt, always get 2nd, 3rd, 4th opinions. You make your family suffers by choosing and taking the actions that you did.

                        Its similar to a happy family that will suffers because the dad commit a crime and now have to pay the consequences in form of jailtime. How could you blame the law for their suffering when its their dad that commit the offense?

                        I guess its just part of human nature to blame others first when mishaps happens, instead of reflecting on themselves.

                        Comment


                        • #13
                          I,m not blaming anyone. I came here legally, apply for asylum when I was still in status. got work permit for three years, did everything by the book, might have been approved if I didnot ask the attorney to close this case.
                          I didn't know at that time about the any immigration law , I never took interest, it was a lawyer thing for me. It was my mistakes that without knowing I agree with attorney and take it for granted. I just start reading about Law after 245i.
                          Its no problem for me go get deported my self, I can make my living anywhere in the world.
                          I posted my case herer after giving hope anyway.
                          If you think Law is great , Yes I,m Law abiding person. I don't think I break any law by supporting my family here. I unknowingly agreed to voluntary departure. Very next day paid to attorney to file motion, and attorney didnot file motion on time , first he filed the motion just 3 days before the deadline and didnot attached any fees, Motion rejected due to no fees attached , then he filed same motion without informing me after 20 days of deadline expired with fees attached. It was denied as untimely. I still had a change to correct the problem if I didnot mess up by attorney.
                          Moreover he didnot inform me and always told me that motion was in time. based on that we fight till circuit court and finally found out this in circuit. INS was right, circuit court was right. only problem was my attorney
                          To let you guys know that He us USC too, and that USC who Know the Law , Who took every penny in advance and didnot want to pay to BCIS.
                          Yeah, ITs my fault. I don't think all the citizens know all the LAws Thats why I don't know much about the Law and who knows for little money and greed ness they SC REW aliens.
                          WHY THER IS NO LAW TO PUNISH THESE PEOPLE?

                          Comment


                          • #14
                            I know what you mean Marmaduk by
                            slamming someone who's down already, and frankly, I hate myself for doing it, too. I just can't help it, I like to call things by their name and have a real hard time being nice or supercoating something than there is no sugar around... I'm working on this project of self-improvement and will accomplish it someday (to tell the truth without hurting the audience)... wish me luck or pray for me if you so will!

                            Now, Pascal, you must have had a case initially that you were not removed. At least so much of a case that you were granted VD. But you must understand that asylum in the U.S. is not necessarily given to really deserving people. Many deserving people with real physical proof do not get it because they have no polical agenda or lobby beyind them such as that their native country is an ally with us etc. Another fact that BCIS is very aware of is also (and I'm repeating myself here) that many people who have no real claim to asylum, that they are trying to obtain this just as a route of obtaining LPR status here.

                            Then you first came, since you didn't want to wait for your asylum approval, you opted for the marriage because of convinience as you said it yourself. You were even considering other routes such as labor etc. Your intentions differ from what you're claiming, that is what's against you.

                            Our immigration laws can appear unjust at times, true, nothing is perfect, but it's the best we can do. I, and many other Americans and lawfull residents here feel that foreigners do not have the right to complain about our system then it's not going their way! Then a lot of foreigners break and abuse our system, that is just contributing to changing the laws in a way where perhaps deserving people will be disregarded with the masses that have been abusing it. Getting married and having children is not something that will guarantee you to stay here after so and so many years. That would be of course the most humane solution, but again this route has been abused by so many before you (ask Swissnut!) that we get to the same point I've been telling you about 2 sentences ago... it's all a action and reaction of human interaction. Once you're given the VD you need to leave in 30 days if I remember correctly. If you didn't you must consider which route to take as there are not "many" options (to my knowledge; none). Good luck!

                            Comment


                            • #15
                              thanks for your comment Kurdis. Yes Intention was to stay here or somewhere other then my country because, torture and paying bribe to police every time, If not In US then any other country. Also have to start family life one day so I did.
                              Vd was granted with 6 month time to leave not 30 days, Law was different at that time. As I said I had a good case of Political asylum and had proof , I've seen worse cases apporved , I have all the evidences too.
                              I just wrote about the attorney who took money 3 times more then actual fees( not only his fees but application file fees also took 3 times more then actual, and still didnot did his job. Put me in the situation that I cannot even adjust my staus by Law.

                              Comment

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