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Husband deported leaving 2 USC kids and USC wife

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  • Husband deported leaving 2 USC kids and USC wife

    I'm am so depressed, sad, and losing hope every single day. But I try to keep my faith that there will be a light at the end of the tunnel. But how far that tunnel will be...it looks like it's far. I'd like to share with you all my sad story. My husband and I got married in jan. 2000. Before we met, he had been living here in the U.S. since 1986. Applied for Political assylum in 1993 in Northern Calif. got denied, appealed and was granted voluntary departure in 1995. He didn't leave because he was working here trying to support his parents and siblings in his country. His Lawyer was trying to appeal it and i guess lost the case. But mind you, he was granted an EAD card and San Francisco office renewed it till 1997. He then moved down south Calif. When we married, we thought that everything would be fine, that I could petition him because i'm a USC. So we got a new attorney, applied for I-130, I 485, and applied under 245i. we even disclosed in the application that
    he had a prior departure or deportation order. They still accepted our money and application. Even issued him an EAD card. On Aug. 2001, we had an appointment date for interview. We were ready with all required paperwork and photos asked for and by this time we had a son. When we faced the officer, he tells us that the file is not there!! That there will be a new interview date. WAIT WAIT WAIT we did and no interview date! Mar. 2002 he is asked to renew his card. He did at the INS office. April 25, he gets picked up at our house and jailed for 3 weeks then detained at INS for a little over a month and got deported! WHAT **** HEAD INS people. Our second child was born Jan 2002. Now i'm left with a home which i can't pay for because i don't work and 2 kids. Our stupid attorney didn't even file for a motion to reopen. I hired a new attorney but am not sure if he's also doing his best to help me. I sometimes wish i can just do all this myself but I have 2 kids and it's hard. I had to sell the house because we would eventually lose it since my husband was our sole income.
    Now the attorney has filed for I-824 to have our approved petition rerouted to the country my husband is at. But how long will that take??? I saw the processing times. They're processing ones in from earlier this year! AARGH! I lived here in the US practically all my life and all my relatives and family are here. I thought they, INS & BUSH want to keep families together? They're tearing mine apart! Can anyone give me some insight on what paperwork with INS I should give or do? And if there's anyway I can expedite things? I'm just getting so sick of this. My mom & I even went to my Congresswoman in person, went to the INS offices and handed out letters..i'm just about at the end of my rope if it wasn't for my kids that keep me going.

  • #2
    I'm am so depressed, sad, and losing hope every single day. But I try to keep my faith that there will be a light at the end of the tunnel. But how far that tunnel will be...it looks like it's far. I'd like to share with you all my sad story. My husband and I got married in jan. 2000. Before we met, he had been living here in the U.S. since 1986. Applied for Political assylum in 1993 in Northern Calif. got denied, appealed and was granted voluntary departure in 1995. He didn't leave because he was working here trying to support his parents and siblings in his country. His Lawyer was trying to appeal it and i guess lost the case. But mind you, he was granted an EAD card and San Francisco office renewed it till 1997. He then moved down south Calif. When we married, we thought that everything would be fine, that I could petition him because i'm a USC. So we got a new attorney, applied for I-130, I 485, and applied under 245i. we even disclosed in the application that
    he had a prior departure or deportation order. They still accepted our money and application. Even issued him an EAD card. On Aug. 2001, we had an appointment date for interview. We were ready with all required paperwork and photos asked for and by this time we had a son. When we faced the officer, he tells us that the file is not there!! That there will be a new interview date. WAIT WAIT WAIT we did and no interview date! Mar. 2002 he is asked to renew his card. He did at the INS office. April 25, he gets picked up at our house and jailed for 3 weeks then detained at INS for a little over a month and got deported! WHAT **** HEAD INS people. Our second child was born Jan 2002. Now i'm left with a home which i can't pay for because i don't work and 2 kids. Our stupid attorney didn't even file for a motion to reopen. I hired a new attorney but am not sure if he's also doing his best to help me. I sometimes wish i can just do all this myself but I have 2 kids and it's hard. I had to sell the house because we would eventually lose it since my husband was our sole income.
    Now the attorney has filed for I-824 to have our approved petition rerouted to the country my husband is at. But how long will that take??? I saw the processing times. They're processing ones in from earlier this year! AARGH! I lived here in the US practically all my life and all my relatives and family are here. I thought they, INS & BUSH want to keep families together? They're tearing mine apart! Can anyone give me some insight on what paperwork with INS I should give or do? And if there's anyway I can expedite things? I'm just getting so sick of this. My mom & I even went to my Congresswoman in person, went to the INS offices and handed out letters..i'm just about at the end of my rope if it wasn't for my kids that keep me going.

    Comment


    • #3
      p.s. Just wanted to make another note, my husband & I did everything INS required us to do to adjust his status here in the U.S. Nothing we did is fake. He has had a valid SSN card, renewing his EAD card, paying his taxes. He's never even been convicted or committed any crime. All this and it takes them 7 years to deport him. Why not when we applied for I-130 and 245i etc!

      Comment


      • #4
        First thing you must do.

        Send your story to every congressmen and senator
        who will vote for immigration reforms. And president BUSH, and even future president candidates as well. This story is heart breaking and our leagal system must realize that INS needs to be reformed and all of 1996 laws needs to be rolled back.

        What you should do under current laws:
        Your husband deportatin triggered merely due to
        immigration violations, first thing he must do, apply I-112(permission to reapply after deportations). Once this is approved you will apply for immigrant visa. Because, he applied AOS(adjustment of status - I am guessing your AOS application time, because you married in 2000) well after Jan-1998, so he accrued illegle time of more than one year. It is very possible INS consulate apply him 10 years bar. If consul applies this bar, then he has to file i-601 at cosulate office. when i-601 is approved he will be good to go.

        Please read topic "Topic: Support Return of Fairness to Immigration Laws" in this discussion group if this bill passed many familes will be united again.

        Comment


        • #5
          Thank you for the reply 'crying man'. Yes, I did write to 2 congress people in my district, actually, 1 of which her office was trying to help us but said there is only so much they can do because INS gets mad at them for intervening too much as her caseworker told me. Also sent a 3 page letter to Pres. Bush. & also Laura Bush. I'm sure it didn't get to their hands.

          Comment


          • #6
            Why did your husband not leave in 1995? Staying with relatives here is not a good enough reason to ignore distinct and definite instructions from the INS. No questions asked. Clear as crystal and in writing. This is a perfect example of what irks Americans. If your boss told you you had to leave your job, would you stay anyway? If the restaurant manager told you you'd have to leave the restaurant if you weren't dressed properly, would you stay anyway? If a police officer pulled to the side of the road and told you not to hitchhike, would you do it anyway? If a game warden told you that it was not hunting season, would you hunt anyway? Surely, a person ought to respect the laws of a nation even more when the United States Government asks him to leave voluntarily. What did your husband think would happen to that VD order? That it would disappear into thin air? Once he was notified concerning another INS matter, why did he not say, wait, there's another matter of a previous VD, is that no longer in effect

            Comment


            • #7
              As far as I can see your situation it's very complicated. And as long as this congress is in session, unfortunatly, you can be pretty much assured that no changes will take place. To the contrary...

              Your now spouse was offered VD in 1995 which he ignored, as far as I know, INS doesn't take that lightly at all (and rightly so). That he received employment authorization was for humanitarian reasons and not as an indicator that he was being adjusted...

              Your marriage to him is too young as that it could be beneficial at this stage. As the previous poster stated, if you're willing, have the financail and emotional resources, your support, attempts and involvement in law changes may make a difference if you may get together as a family someday again.

              I wish you and your children strength and good luck!

              Comment


              • #8
                There is a story similar like yours, this family lives in NY. The reason why your husband was deported though you have done everything he was required to do to adjust his status based on his marriage to a USC is because of the "Absconder List Apprehension Program". They are picking up people with previous deportation order.

                Check this link: demangeez.com

                Comment


                • #9
                  Yes, I read about that list. Picking up people with previous orders. But my question & disappointment is that when we applied for the I-130...actually, our lawyer said that was approved because we were going to have the interview for the I-485. Didn't happen though, like I said, the file wasn't there. My disappointment & anger is because we disclosed on the application & checked off the part where it said if he ever had a deportation. WHY THEN did it take them so long to deport him??? Why do they keep accepting our applications & renewing he EAD card if they were just going to do that? If we had know this was going to happen, we would've not started a family so soon. Gosh, and he was already punished! Like as if he was a criminal, jailed for 3 weeks! Detained for more than a month & he couldn't even touch his kids nor I. I think that's payment enough!

                  Comment


                  • #10
                    If one has a deportation order entered against oneself, why s/he would risk and apply for adjustment of status? Didn't your lawyer know that? Or he didn't let you know?

                    Comment


                    • #11
                      "why did you risk...",
                      It's too late to ask why. It's done. Besides, she explained that he stayed to support his family back home. Perhaps not the wisest move, but it's been done. People make mistakes. The point is now, how to try to reunite the family. They are already - ALL of them - being punished for mistakes made in the past. No need to continue punishing them.

                      It seems to me that the INS was at fault for not having the papers/interview records. It seems they "lose" a lot of stuff. Can I ask, where is your husband from?

                      If you are not happy with your immigration lawyer, perhaps you should seek another. You may want to write to the Catholic Immigration Services for help. Many lawyers will tell you they can "fix" your case, knowing full well you don't stand a chance, but take your money anyway.

                      You should definitely find out which waivers you need to apply for first, and start that process. Also, would it be possible to reopen your case?

                      Good luck to all of you. I believe that unless serious crimes were committed, a USC deserves to be with his or her spouse, and the children should definitely be with their father. You must have a chance at a hardship waiver with two USC children. keep writing to your representatives.

                      My fiance and I are planning on living in Brazil or Canada. You may want to consider such an option. But it's incredibly sad to have to leave home

                      juju

                      Comment


                      • #12
                        This Absconder list is part of the 9/11 campaign against terrorism. I understand your situation,I honestly do. Hang in there, stand firm and God will shine some light. I hope I can give you some encouragement, like what some others have pointed out, look on the brighter side, be thankful that he is still alive and out from the INS detention center.

                        God bless.

                        Juju, nice to see you back

                        Comment


                        • #13
                          Thank you Juju, A friend and all of you for your comments & advice. I already got rid of our first lawyer, he was supposedly specializing in immigration, but sure didn't seem to know what he was doing. I had to do lots of research myself & asking around to the INS officers. They told me if he doesn't know what he's doing get RID of him. I believe that we are in this stupid mess because of that STUPID lawyer who just took our money & took my vulnerability & ignorance of law. Now this new lawyer, think he knows what he's doing it's just that he's so busy with other cases that it took him almost 2 months to start & turn in the I-824 application to have my husbands petition sent to the embassy.

                          I wonder which one we should apply for too...the I-212 or I-601? And what I feel that we shouldn't be punished anymore than we have been already. We tried to do what's right , not like so many other illegal immigrants who just stay undercover with fake SSN, fake ID's etc. Everything my husband had was legal. And plus my gosh, he had contributed so much here. & me being a USC & 2 kids USC & my entire family which I have an Uncle who served as a Marine in the Vietnam war & another in the Army. Even the INS officer that took a look at my case when my husband was in jail for 1 week still said she doesn't see that we did anything wrong with our filing. Unfortunate that file wasn't there at time of our interview & 9/11 happened.

                          But yes, I thank GOD that he's no longer in detention. There they would be treated like they were in the military. Had a time limit to eat, & what they didn't finish they couldn't bring back. Oh it was awful! But i'm hanging on for my kids. They keep us going. One day I hope, when they grow older, maybe they can be someone with a position to help reform & give immigrants that are married to USC a better chance at living a normal life.

                          Comment


                          • #14
                            Processing for waivers of inadmissibility are done on Form I-601 and are filed with the respective consulate or embassy. The waiver is filed at the time the applicant is found to be inadmissible. Processing times for approval of the waiver can vary from post to post (it will be sent to INS for adjudication.)

                            For those individuals who may have previously been 'ordered deported/removed' from the United States, it will also become necessary for them to file Form I-212 in order to reenter the United States. This process cannot only be lengthy but requires the expertise of a competent attorney for appropriate filing and documentation. A permission to reenter the United States is separate and apart from the waiver of inadmissibility.

                            Comment


                            • #15
                              MomISsad, you say,

                              "We tried to do what's right , not like so many other illegal immigrants who just stay undercover with fake SSN, fake ID's etc. Everything my husband had was legal. And plus my gosh, he had contributed so much here."

                              Please be aware that your husband DID break the law on numerous times:

                              1. he remained illegally in the U.S. from 1987 until 1993 -- for 6 years (until he applied for asylum) while
                              2. working without authorization during those 7 years.

                              In addition,

                              3. he did not leave in 1995 after the Immigration Judge refused his asylum application, instead he

                              a) became once again illegal, and

                              b) working illegally from 1995 until he was caught, while lying to the INS in 1996-1997 that he was still waiting for the asylum case so that they would renew his EAD.

                              Your husband had 13 years of illegal presence in the U.S., period of time during which he worked without INS authorization.

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