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What are our options? Need help

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  • What are our options? Need help

    Wife and her parents/brothers applied for political asylum 11 years ago....It was granted to my wifes parents and younger/older brothers 1997....My wife was ordered deported when she missed her hearing ...She missed the hearing because she was very ill that day. Motion to reopen denied 1998.... Form I-485 filed pursuant to section 245 on november 2001. She was again ordered deported....besides waiting 5 years to reapply, any options?

    Im a physician born and raised in california

    She is a registered nurse trained here in the U.S.

    Can anyone recommend good immigration lawyer in southern california?

  • #2
    Wife and her parents/brothers applied for political asylum 11 years ago....It was granted to my wifes parents and younger/older brothers 1997....My wife was ordered deported when she missed her hearing ...She missed the hearing because she was very ill that day. Motion to reopen denied 1998.... Form I-485 filed pursuant to section 245 on november 2001. She was again ordered deported....besides waiting 5 years to reapply, any options?

    Im a physician born and raised in california

    She is a registered nurse trained here in the U.S.

    Can anyone recommend good immigration lawyer in southern california?

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    • #3
      deport illegal aliens

      Comment


      • #4
        How she entered?
        once the deportation proceeding becomes final and final administrative orderentered in absentia, only way is to file a motion to reopen the case with the proof that she was sick and evidence should be provided in the motion if motion was denied then appeal to reconsider if the appeal is denied then should have went to circuit court and ask for the remand the case back to INS and BIA where alien can adjust the case.
        I don't know Political asylum base, case can be open with another approach under CAT.
        Which part of So. CAli you are looking for Attorney.

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        • #5
          I know a person who made a mistake of filing frivolous Asylum case. After almost five years of being pending it was denied and a final order of deportation was issued in abcentia. My friend didn't even know it! The lawyer never bothered to tell that a notice to appear was issued.

          After graduating college (bachelor in Computer Science) having an income way into 6 digits and almost ten years later my friend marries a USC. The spouse filed I-130 on my friend's behalf. Guess what! It was approved! Unbelievable. But after filing I-485 my friend was called to the BCIS office without knowing why, taken into BCIS detention and after the motion to reopen the old asylum case was denied, appeal denied was deported!!!

          That shows you the wickedness of the BCIS. Why did they approve the I-130 and deported the person anyway?! I understand the critics of overstayed illegals "there's action, there's a reaction, blah, blah, blah... gotta pay for your mistakes" but on a human side BCIS doesn't give a flying f..ck about people's lives. My friend was paying more taxes then most of the "legal" fox on the block combined.

          Families being torn apart for many years, hard working and decent people living everything they worked for behind, kids growing up without their parent. How humane is this?!

          Now my friend is in the long and painful process of getting back. And guess what it WILL happen sooner or later despite the lost years and disruption of a normal life.
          So, what's the f..cking point of doing this to hardworking and educated people?! While all sorts of uneducated and criminally inclined trash is being let into the country?! Many questions, no answers until the BCIS will be reformed for good.

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          • #6
            think this way.
            once alien marry to USC/LPR .I-130 filing is the first step to get adjustment, I-130 only proves that marriage is bonafide and alien can be adjusted based on marriage but, there are more things attached in the process. till approval there is no impact of previous over stay. BCIS don't check if the Alien is overstay or not ,if alien files for I-130/140. They check at the time of Adjustmenti.e I-485. Thats how the immigration law is, its not a surprise for I-130 approval. its normal procedure.

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            • #7
              I agree with Mohan; the I-130 by itself doesn't mean much, it only approves that the person is sponsored with a basis. It doesn't mean that the person has a basis to really adjust his or her case, there are still plenty of factors that could bar a person from doing so (permanently or just temporarily).

              That's a major heart breaker and mistake most people make then they start getting the initial approvals. The current laws have been drafted with the approval (or ignorance) of all. Good luck to you all!

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