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  • why is this happed to me

    hi

    i need to tell you everything so you can tell me what have happed to me.

    story:

    i came to USA in 1994 . i am married to USC in 1999.we filed i-130 in 1/2001.because my visa expired in 1999 i am arrested 2001 and granded for VD.i am told by my lawyer that i should appeal because my i-130 was pending .while my appeal was pending i am arrested again and put
    on deportation until my appeal came through.my appeal was denied 8 months later and i am deported.

    please tell me what went wrong in my case ?

    what can i do get back to my family?

    do you think i should have been allowed to leave voluntary departure insted be deported?

    thanks for your in puts

  • #2
    hi

    i need to tell you everything so you can tell me what have happed to me.

    story:

    i came to USA in 1994 . i am married to USC in 1999.we filed i-130 in 1/2001.because my visa expired in 1999 i am arrested 2001 and granded for VD.i am told by my lawyer that i should appeal because my i-130 was pending .while my appeal was pending i am arrested again and put
    on deportation until my appeal came through.my appeal was denied 8 months later and i am deported.

    please tell me what went wrong in my case ?

    what can i do get back to my family?

    do you think i should have been allowed to leave voluntary departure insted be deported?

    thanks for your in puts

    Comment


    • #3
      You need to stop commiting crimes and getting arrested.

      You need to get a waiver to get back into the country, but that's a snowball's chance in hell now since you were deported.

      You'll need a **** good lawyer to apply for various waivers, visas, etc. for you.

      Good luck

      -= nav =-

      Comment


      • #4
        You over stay your visa and then you got Arrested, NTa was issued to you, you granted VD with 60 days time to depart, You did not depart.
        your VD departure order was coupled with alternate deoprtation. once you got arrested again, you had no option.
        What went wrong? here what went wrong...
        you should have left within departure time, and then either again file for I130 or Transfer approved I-130 to consulate and get immigration visa. you will not have Bar but still need the waiver of inadmissiblity.(ITs in the PAst Now)

        You should have filed a motion to reopen your case, based on marriage to USC, its discretionary as you already had voluntary departure (Read Matter of Valerde pacheeo BIA dec. 4563).
        I dont know if you file a motion or just appeal to immigration Judge, this Motion also timely bared and numerically bounded too.

        What you can do...
        You have to locate your I-130 ( first step)
        If its approved you can file for AOS. on the AOS interview you have to be ready to file waiver of I-601 and I-212.
        Waiver is hard to be approved as you need to prove UNUSUAL Extreme hardship to LPR/USC.
        Its a discussion, not a legal advise..

        Comment


        • #5
          Perhaps this will sound worse than I intend however.....you were a guest in this county. You should have respect enough for your host not to break the law. You did not. You were supposed to leave...you did not. You disrespected your host country a second time when you were arrested again.

          I think the greatness of this country is due to the fact that America is a melting pot of many nationalities, religions and political thought. However...regardless of that...there is enough crime in the US everywhere you go....we dont need to invite others from outside our boarders to give our law enformcement officials and criminal courts more business.

          Comment


          • #6
            How can a person get arrested again after he was released from INS custody once? All he got to do is show up at court, back and forth...
            SEMPER VIPER / Army Strong!

            Comment


            • #7
              i have always wanted to do what is right .but you are right about what i becaome yes i failed because i am not with my family now .i would do same thingh all over again to just be with my family .Because i love my family more than anything .

              I violated my VD because of my lawyer.he had known that i have no right to appeal VD.

              i whis you would help people like me because we are not bad i am not a bad person.

              good luck and thank you

              Comment


              • #8
                Tulsun.. I dont think anyone is saying you are a bad person. Dont feel that way as you know you are not. Are you still married to the USC? and the 2 times that you were arrested, were they both relative to being out of status or for some other crime that just exposed your status. Im only asking so that there is pertinient info for someone to be able to dtermine what can or cannot be done to help you reunite with your family.

                Comment


                • #9
                  You know, when people like you keep fragrantly abusing our laws and breaking thme -- it just makes us all harder on the legal people trying to immigrate.

                  -= nav =-

                  Comment


                  • #10
                    still i believe that my lawyer missled me by saying that i didnot need to leave the country when i appeal VD and also he told me that immigration can not do to me while my appeal was pending.yet while i was waiting for my appeal i was arrested again because immigration issued arast warant for me .

                    if i knew that i have no right to appeal VD i would leave .

                    i do not have any crimianl record .we are church going good people.

                    yes i still can not figured out why i got deported.

                    i hope nobody have to seperated from thier family.it is very hard.

                    Comment


                    • #11
                      Hi Tulsun, unfortunatly, once you're granted VD you MUST leave the U.S. in the allotted time. That is your last chance to prove to the U.S. that your previous overstay was a correctable mistake and that you're a trustable person. Once outside, your spouse can obtain a waiver of inadmissiability since you'd be barred from entry for 10 yrs. due to your 364+ days overstay. Being married to a U.S. spouse does not automatically stop accrue as it did before the law changes, you remain out of status untill BCIS adjusts your status - many average attorneys don't know that either or trust on their ability to challenge this section of the law (unsuccessfully). BCIS is politically smart prolonging this phase to lengthen inadmissiability.

                      In any case, at this time there is no other way for you to return other than by
                      a) waiting the inadmissiabity time out (10 yrs. I think in your case
                      b) your spouse and family obtaining a waiver of inadmissiability which will be mildly put rather extremely difficult after an ignored VD and actual removal. Your chances would have been better if you'd honored the VD.Good luck nevertheless

                      Comment


                      • #12
                        Tulsun, why was you arrested and where are you now?

                        Comment


                        • #13
                          Well, I have question related.

                          What if VD was granted because some Novice attorney advised and alien follows without knowing consequences? appeal waived by the both parties. Still alien hires another atorney and files appeal and did not get appeal answer for long period of time,the voluntary departurre time allocated expires and then decision comes back as denial without comment on VD period. what choice alien has?

                          Another question:
                          What if the alien take the motion to BIA after above and then BIA affirm the decision lets say after a year. what choice alien have? vd perios was already in the Past and cannot be follow. No one gave any extension to VD Period, Neither Judge Nor BIA.
                          Do any one have any idea of the outcome? what are the option to adjust within the US? people should know about the situation above is one step away from Bag and bagage notice.
                          Any one?
                          Its a discussion, not a legal advise..

                          Comment


                          • #14
                            Im surprised at your question Moahn... you should know that a vd is actually a discreationary relief compared to the other option of being forceably removed. Of course it doesn't feel that way for the person who must leave but that's the law. People come back legally into the U.S. all time after they were granted vd, usualy they don't if they're removed.

                            Comment


                            • #15
                              question;

                              what does mean " D/S" on the i-94 ?
                              thanks

                              Comment



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