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Results 1 to 6 of 6

Thread: Help

  1. #1
    Hello everyone my fiance was just taken from me and my son by immigration. He was convicted of an aggrevated felony. This charge is something that happened 6 years ago. Not only that but they let him go throught the application but they never told him anything or sent him something. I am a US citizen but we are not married but he does have a child who is a US citizen. They told us that we would half to prove hardship on the child nothing with finances though. My finace has been doing well and just started to get his life together. Not only that but i have heard of a waiver but i am not sure if he qualifies for this. Can someone help me and tell me what i should do.Should i keep him here in the states and fight for him or just let them take him back to his country

  2. #2
    Hello everyone my fiance was just taken from me and my son by immigration. He was convicted of an aggrevated felony. This charge is something that happened 6 years ago. Not only that but they let him go throught the application but they never told him anything or sent him something. I am a US citizen but we are not married but he does have a child who is a US citizen. They told us that we would half to prove hardship on the child nothing with finances though. My finace has been doing well and just started to get his life together. Not only that but i have heard of a waiver but i am not sure if he qualifies for this. Can someone help me and tell me what i should do.Should i keep him here in the states and fight for him or just let them take him back to his country

  3. #3
    You could become the next victim of one of the worst provisions of immigration law and it gets better if the father is not an LPR.
    So he's got a minor child and he paid his debt to society. It does not matter. He may be asked to prove that his removal from the U.S. will result in "extreme hardship" to the child, but isn't that obvious? Even mothers are separated from infant children all the time because such separations are only minor inconveniences (and they wonder why people re-enter illegally). So we've established that growing up without a father or a mother is not "hardship". Growing up without your parent's support is not hardship either, and I wonder why there's criminal statutes dealing with child support and why failure to pay child support is a big offense in the eyes of the BIA. But anyways, say that the Attorney General determines that the removal will result in "extreme hardship". Since the child is under 21, the father may not adjust, the law says he's not an immediate relative of his own child. So the dad will be removed even when the AG determined that such removal will result in extreme hardship. If any regular person were to subject a child to "extreme hardship" having a way to avoid it, well, that'd be a clear case of criminal child endangerment or neglect.
    USCIS is not the bad guy here, they only enforce the law as written. But the law does not need to be changed right? Of course not.
    You need a lawyer and a very good one. You MUST speak with a lawyer ASAP to get all the answers to your legal questions.
    -THIS IS NOT LEGAL ADVICE-

  4. #4
    Well we had a lawyer and he said that there is no use to continue to fight but i was just trying to get the opinion of everyone else.I mean i think that it ****s.our child relies on him all the time and i dont know if i can put him through more distress then he already is going through.i mean i love him and i miss him.I just heard about something about a waiver do you think that is good

  5. #5
    He gets a waiver, and then what? It'd be complicated for you to file the petition for him because of the removal proceedings, but it could be possible, in theory. In any case, the law is not designed to help families, the law is not designed to facilitate legal immigration. Instead, the law was designed to fit some fictitious reality thus forcing people to make a difficult choice between family and legal immigration. Guess who actually emerges a winner 99% of the time?
    I don't know the particulars of your situation and it's not my place to post any advice, you should always consult with an attorney and I mean a good attorney. But the facts remain, forget about the father, the U.S. citizen kid is being punished by the law and will very likely be subject to extreme hardship, regardless of what the law actually considers hardship to be. People always talk about how aliens are a burden for society, but in this case, the removal will most likely result in a new welfare recipient.
    -THIS IS NOT LEGAL ADVICE-

  6. #6
    Well I spoke with another lawyer yesterday and he says that I just need to let him go home. There is to much time spent on this and if the govener or someone high up does not do anything then he is just shot. I know you are not giving legal advice you are actually helping me understand all these matters and I think that the law needs to be changed and it ****s that he child is going through this. I have just come to the decision that I am going to go and be with him and i dont care. i will do anything that i want to be with my man

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