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Thread: How to prevent frm being DEPORTED? and the prblm is....

  1. #1
    hi,

    I am an F-1 student currently graduated and at USA, have been in an immigration problem since an year , as i have been reported of working off-campus, and finally got over it when the immigration judge terminated my case as for the violation was "diminimis" which was stated by the immigration judge.

    But the case proceedings were terminated with prejudice because the prosecutor appealed after the immigration judge has given the termination order.

    Here is the statement from the court I recieved at there , it states as follows:

    ........................................................................................................

    ORDER OF THE IMMIGRATION JUDGE

    After considering the facts and circumstances of this case and as there is no opposition from the parties, it is HEREBY ORDERED that these proceedings be terminated WITH / without prejudice.

    Reason for Termination:

    violation was diminimis

    And is signed by the immigration judge.

    ........................................................................................................

    The with in bold letters above was circled or highlited as because the prosecutor was appealing .

    please help me if anyone reads this , because i have been under this situation for about an year and even after my case was terminated by the immigration judge ,I am not able to decide what happened and how to proceed next..


    My case was that, by doing an off-campus job as a student, for the financial situation I was in at that time , and the natural calamity back in India at that time affecting my dad's fiscal income from agriculture and the Hurricane-rita that affected me at the place of my university ,the judge terminated the case, but still the prosecutor appealed against me.

    so please if anyone has gone through the above ,
    please do give replies..


    thanking you in anticipation.

  2. #2
    hi,

    I am an F-1 student currently graduated and at USA, have been in an immigration problem since an year , as i have been reported of working off-campus, and finally got over it when the immigration judge terminated my case as for the violation was "diminimis" which was stated by the immigration judge.

    But the case proceedings were terminated with prejudice because the prosecutor appealed after the immigration judge has given the termination order.

    Here is the statement from the court I recieved at there , it states as follows:

    ........................................................................................................

    ORDER OF THE IMMIGRATION JUDGE

    After considering the facts and circumstances of this case and as there is no opposition from the parties, it is HEREBY ORDERED that these proceedings be terminated WITH / without prejudice.

    Reason for Termination:

    violation was diminimis

    And is signed by the immigration judge.

    ........................................................................................................

    The with in bold letters above was circled or highlited as because the prosecutor was appealing .

    please help me if anyone reads this , because i have been under this situation for about an year and even after my case was terminated by the immigration judge ,I am not able to decide what happened and how to proceed next..


    My case was that, by doing an off-campus job as a student, for the financial situation I was in at that time , and the natural calamity back in India at that time affecting my dad's fiscal income from agriculture and the Hurricane-rita that affected me at the place of my university ,the judge terminated the case, but still the prosecutor appealed against me.

    so please if anyone has gone through the above ,
    please do give replies..


    thanking you in anticipation.

  3. #3
    You'll have to wait for the Prosecutor to make the next move. In the meantime you should find a legal clinic with experience in immigration. Take every single bit of advice with a grain of salt. No matter what. A lot of people act like they know, but they don't know, they're just speculating...

  4. #4
    Thank you sir for your reply ,
    i do appreciate it..

    If anyone has any idea against my case, please do reply,
    as every point of view is very valuable to me.

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by abhi:
    hi,

    I am an F-1 student currently graduated and at USA, have been in an immigration problem since an year , as i have been reported of working off-campus, and finally got over it when the immigration judge terminated my case as for the violation was "diminimis" which was stated by the immigration judge.

    But the case proceedings were terminated with prejudice because the prosecutor appealed after the immigration judge has given the termination order.

    Here is the statement from the court I recieved at there , it states as follows:

    ........................................................................................................

    ORDER OF THE IMMIGRATION JUDGE

    After considering the facts and circumstances of this case and as there is no opposition from the parties, it is HEREBY ORDERED that these proceedings be terminated WITH / without prejudice.

    Reason for Termination:

    violation was diminimis

    And is signed by the immigration judge.

    ........................................................................................................

    The with in bold letters above was circled or highlited as because the prosecutor was appealing .

    please help me if anyone reads this , because i have been under this situation for about an year and even after my case was terminated by the immigration judge ,I am not able to decide what happened and how to proceed next..


    My case was that, by doing an off-campus job as a student, for the financial situation I was in at that time , and the natural calamity back in India at that time affecting my dad's fiscal income from agriculture and the Hurricane-rita that affected me at the place of my university ,the judge terminated the case, but still the prosecutor appealed against me.

    so please if anyone has gone through the above ,
    please do give replies..


    thanking you in anticipation. </div></BLOCKQUOTE>
    Well, unless I am totally wrong, the judge rendered a decision WITH prejudice, which ordinarily means that the matter or present action has been set aside and that the right to file another suit on that same claim is denied or prohibited.

    I'd say the judge intends that the matter be dropped. Have you consulted with your attorney to get his comments on this?
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    If the government attorney has appealled your case it is not over. The "with prejudice" just means the government cannot begin proceedings against you again, but the appeal of the judge's order will continue.

    You should find someone with appellate work experience before the Board of Immigration Appeals to help you with your case.

    The government is appealing because they want the judge's decision reversed and for you to be deported. This is very serious. You need help.

  7. #7
    Someone12
    Guest
    good bye and good riddance....enough with the phony excuses from visa cheats.

  8. #8
    Abhi: I wonder what would happen to me if I had been an international student in...well, let's say India...and I had knowingly worked without permission?

    Do you really think that they wouldn't deport me for breaking the law?

    You understood the terms of your visa, and the restrictions placed upon you.

  9. #9
    Thank you all for your reply's and suggestions..

    my attorney says that the prosecutor won't hopefully appeal.

    and if the prosecutor appeals ,my attorney said he would help in furthur proccedings with the board of immigration appeals.

    I was working for a month in a small town off- campus , post hurricane rita . .
    The college i was in was going good , where i had employement on-campus for until the hurricane effected this place . and had gone into debts for i had to leave this place and bear all of these expenses..This place had a job crunch .....and for the financial condition I was facing turned me to do this job for a minimum amount and for a month..

    This work for a month affected me for over an year. Do you think I still need more economic strangulation and repentence
    do u think this is legitamate.....
    you will get to know how i feel, when you experience this ...its a living nightmare for me for over an year , and still is with the case and appeal..
    if anyone has experience ,with what would be likely the possibility for the outcome , please do give your opinions ... and I do appreciate all of your reply's.

  10. #10
    Abhi, just ignore the ignorant racists here. I'm American and I want the best and brightest from other countries. I could really care less if someone works without the proper paperwork.

    This is a nation of immigrants, these redneck meth heads that populate this board don't have a clue.

    Good luck with your case. Stay on top of it.

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