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Thread: Removal Question

  1. #1
    My husband, who is (was) a legal permanent resident, was ordered to be removed from the US in April of 2000. He is still in the US, and is currently being held for INS pickup. Is there anything that can be done so that he may stay in the US? He has been here since 1974. His parents and all his brothers and sisters are in the US. HIs father naturalized and the majority of his siblings are US born I am a US citizen, and he has five children and one grandchild who are all citizens. Please let me know what you think, so that I may proceed with hiring an attorney if I need to do so. Thank you for your time.

  2. #2
    My husband, who is (was) a legal permanent resident, was ordered to be removed from the US in April of 2000. He is still in the US, and is currently being held for INS pickup. Is there anything that can be done so that he may stay in the US? He has been here since 1974. His parents and all his brothers and sisters are in the US. HIs father naturalized and the majority of his siblings are US born I am a US citizen, and he has five children and one grandchild who are all citizens. Please let me know what you think, so that I may proceed with hiring an attorney if I need to do so. Thank you for your time.

  3. #3
    What did he do to be ordered removed. LPR's are not generally removed.

    Please give us this information and perhaps we can help you in some way!

    and contacting a lawyer couldn't hurt... it would be one more opinion!!!

    Good Luck!

  4. #4
    In 1990 he was pulled over after going hunting, and they got him on a concealed weapon charge. In November of 1997, INS took him, since the 1996 reform made him eligible for removal. We were going through removal proceedings, beginning to do an adjustment of status, when I (stupidly) wrote his next hearing date on the wrong spot on the calendar. He ended up going a day late. Since he missed the court date, he was automatically ordered to be removed. I'm currently getting the supporting documents together for a cancellation of removal, but I'm not sure if that will work since he's already been ordered removed. Any help and advice is GREATLY appreciated!!

  5. #5
    Hi. I wish I had more information to tell you, but I am afraid that this is not my area of expertise.

    However, first, get a lawyer!!!

    Also, you must be aware that I am not at all sure how missing a hearing will affect the case. However as the crime was committed prior to 1996, the 1996 law should not apply, only that which was in place prior to the reform.

    When doing research for our case, I came across several court documents and decisions that indicated that the 1996 law cannot be applied to "crimes" committed prior to that time.

    Therefore, with a good lawyer, I think you might have a good chance to make a good case, and have your husband's LPR status retroactively reinstated.

    I wish you the very best of luck with this!!!!

  6. #6
    Thank you so much for the advice Spouse! I guess I have lots more research to do. Any ideas as to where to start? Right now I'm trying to gather funds to hire a lawyer, but it's difficult since he was our sole source of income and I have yet to be successful in finding a job. He's been in immigration's hands since yesterday, and I have no clue where he is or how to find out. Last time he was sent to Bradenton, but I called earlier and he's not there This waiting game really kills me!

  7. #7
    You might want to check with the Catholic Organization in your area. They often help basic immigration issues for free, and might be able to recommend a lawyer that would work for less money.

    However, that doesn't necessarily mean that you have the best lawyer.

    To go for the best possible lawyer... I am not really sure what to tell you, but you might try calling non-immigration lawyers offices and see who you get recommended the most often.

    Or post what area you live in and see if anyone knows of a really good lawyer in that area.

    Otherwise, just call around in the yellow pages, and see who you get the best feeling from.

    I wish you a lot of luck!!

  8. #8
    He had 16 years to become a citizen, and he never did. That's nice.

    >beginning to do an adjustment of status

    I thought he already HAD a gc?

    Was his crime ONLY having a gun on him??? I HIGHLY doubt a judge will deport him if that's all he's done in 30 freakin' years of beinga LPR. But i have a feeling he's probably ahd other things that are not mentioned here.

    -= nav =-

  9. #9
    Spouse: I live in Orlando, Florida. I've looked at the Catholic Charities website to try and get info, but had no luck. I have a number for them in St. Petersburg, so I'll try there. Thanks!

    Moondin: He arrived in the US in 1974 at age 10. He didn't get his LPR until 1990, and a few months later ended up with the concealed weapons charge, which was a felony. As far as I know, if you have a felony conviction you can't apply for citizenship, or am I wrong? Other than a few traffic violations, he's done nothing else wrong.

  10. #10
    Hi Susana

    YOu are not telling an accurate story here.

    Was your husband already out of legal status when you married him? It sounds like it.
    It appears from what you wrote that your husband was already in removal Proceedings when you married him/ or shortly after.
    Is that correct?

    YOur marriage as base for AOS was to be done in immigration court in order to take him out of removal proceedings. Is that correct?

    What kind of "rifle" was this that was used for hunting that got classified as a concealed weapon?

    If you want to get the help that we can give you. Please be more clear in the facts, and timeline. I know this is upset time b/c you need to get him out. Many Lawyers will give first consult free or at reduced rate. Make sure you find one with expertise in this area of immigration.. otherwise it may be money wasted. Now try to relax and concentrate so that you can make the best choices for sake of husband and family.

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