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Results 1 to 4 of 4

Thread: what to do, to avoid deportation

  1. #1
    When I started my case as asylum the judge decided vol.departure without appeal, or she could removed from USA.I did accept,but I did appeal in 2001.My case it was pendent when I got married in 2003, then I did I130 and I485, (2003).But I lost my appeal again in 2004, then I appealed to Ninth Circuit, then the Citizenship aproved our married.They saying that I lost my rights when I did accept that v.departure, that it was imposed by the judge, and I will not be elegible for 10 years bar.But the local Homeland Security send me letter that I should do it v.departure, and then they will pay for my ticket.On 09/2004.I love my husband so much, we can't be apart, because we have life together, house.But unfortunatly with this stress I'm having problems with my hurt, what complicated for me.The doctor told me that I may have hard attack, because I had surgery in my hurt, when I was young.I know if I'm sick they can deport me soon.My husband he's just desesperate about it, and angry.How came they can do this for us, we pay taxes, we did everthing right, I spent all ready 11.000,00 with attorneys, and the end,what?

  2. #2
    When I started my case as asylum the judge decided vol.departure without appeal, or she could removed from USA.I did accept,but I did appeal in 2001.My case it was pendent when I got married in 2003, then I did I130 and I485, (2003).But I lost my appeal again in 2004, then I appealed to Ninth Circuit, then the Citizenship aproved our married.They saying that I lost my rights when I did accept that v.departure, that it was imposed by the judge, and I will not be elegible for 10 years bar.But the local Homeland Security send me letter that I should do it v.departure, and then they will pay for my ticket.On 09/2004.I love my husband so much, we can't be apart, because we have life together, house.But unfortunatly with this stress I'm having problems with my hurt, what complicated for me.The doctor told me that I may have hard attack, because I had surgery in my hurt, when I was young.I know if I'm sick they can deport me soon.My husband he's just desesperate about it, and angry.How came they can do this for us, we pay taxes, we did everthing right, I spent all ready 11.000,00 with attorneys, and the end,what?

  3. #3
    Maybe posting your topic 4 more times will stop deportation!!!

  4. #4
    BY puting your post again and again will not help you. it will not change a thing. Basically your claim don't have merit for asylum.
    Immigration judge looked at your case before deny and follow the procedure of Voluntary departure. these days voluntary departure only granted if you waive your right to appeal. You did waive your right.it won't stop you to file the appeal again but it makes the order final if you don't leave. so your order of voluntary departure become final if you did not left within the period allowed to leave. your order shuold be coupled with alternatation of deportation. Means that if you don't leave voluntarirly, USCIS will force you to leave either by your own expenses or They will bear the expenses.
    Next you got married and filed for adjustment and also appeal. I bet you didnot filed stay of removal.(mistake) stay of removal is not automatice because you waived the right of appeal, also your voluntary departure time will not be tolled either. You can file the I130 but you are not allowed to file I-485 at this point because USCIS has no jurisdiction over 485. To get your adjustment you have to open same case and file for adjustment. I 130 will not protect you for deportation, its just a first step of AOS and INS looked that your marriage is enter in good faith, thats all.
    I don't under stand if you just appeal or Try to reopen your same case, you post is not clear in this part.

    Your case is under current law and in current law if Alien should not depart after the voluntary departure he will be ineligible for any sort of relief for 10 years ( previously 5 years),and also civil panelties. also alien hardship is not included in waiver also ,so yur heart attack problem is not counted either.
    Your circuit court appeal is also denied( i don't know why you appeal in circuit court, what was the reason), still you should have filed stay of removal while appeal in circuit court so you can be protected from Bag and baggage letter till circuit court decision but you didn't.
    Now CIS issued you bag and baggage letter stating that either you should depart your self( self deported) or they will deport you.
    In both ways deportation is certain. my advise is to get out of here by your own expenses and do the consulate processing in your country. if you stay more after the date given by USCIS you will be fugitive and panelties will be hard. be sensible

    You should know where you stand.paying to attorneys will not get you adjustment but to know what he was doing may help, I think everybody in immigration process should learn and ask question to his attorney what he is doing and why and how that can protect him from deportation.
    Its a discussion, not a legal advise..

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