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Thread: Desperate for Mohan

  1. #1
    My husband of 27 years is currently being deported due to charge he was forced to plea bargain guilty from 15 yrs ago which ended in an Order of Deportation. We had crummy atty who didn't explain in detail and we moved and never knew after 15 yrs he had this. He was never in hiding. We came home cont family life he worked, etc. Ice shows up a week ago to take him. He is now disabled so they didn't but still has to go. We have an attorney but is having trouble finding the right reason to file mot to stay because the file is in storage. I found out from Deportation officer there was an appeal filed and denied 5/1993, and it was a voluntary departure. The charge back then was
    either Aid & abett or alien smuggling. He was at a party with illegal aliens at the border.
    Was outside with them INS came picked them up.
    They also forced the people to point finger at him. No money for good atty so he was desperate just to get out. If deported can I or our kids refile? If this happen so long ago is there any other remedy.
    Sorry this is long winded. My husband says the investigator practically forced the 2 illegal aliens to confess that my husband was to take them to their destination but he was not there for those intentions. My husband was distraught at that time due to his brothers death (his only brother)went on a drinking binge went off & ended up at the wrong place at the wrong time. My husband stayed in jail for almost 40 days. In those days they'd take him in front of the judge (w/out an atty), he kept pleaing not guilty while I tried to raise money for an atty, it was hard w/3 young children (our
    US born kids,I'm US born too)We were married 12 yrs @ that time. By the time I raised it went to the Border on the Greyhound w/my children, he'd caved in & plead guilty, desperate to just get out. Atty didn't fight it either. My husband asked the judge will this effect my "Green Card". Judge responded I don't know. This was a one time felony. He's not
    gotten into trouble since then. Problem was the
    hearing with the Immigration Judge. Cheap atty again, I guess you get what you pay for because he didn't explain that my husband ended up w/an Order of Deportation.Now it's devastating all of us. He's remained a good citizen ever since then. We have an atty right now but all we get is the file is so old they are still trying to locate it. I don't see why there isn't any type
    of motion or relief that can be filed in the meantime. Even with my husbands current disability their should be. I feel we've made another mistake in hiring an inadequate atty.
    Do you know of a good, good one in Houston, TX?

  2. #2
    My husband of 27 years is currently being deported due to charge he was forced to plea bargain guilty from 15 yrs ago which ended in an Order of Deportation. We had crummy atty who didn't explain in detail and we moved and never knew after 15 yrs he had this. He was never in hiding. We came home cont family life he worked, etc. Ice shows up a week ago to take him. He is now disabled so they didn't but still has to go. We have an attorney but is having trouble finding the right reason to file mot to stay because the file is in storage. I found out from Deportation officer there was an appeal filed and denied 5/1993, and it was a voluntary departure. The charge back then was
    either Aid & abett or alien smuggling. He was at a party with illegal aliens at the border.
    Was outside with them INS came picked them up.
    They also forced the people to point finger at him. No money for good atty so he was desperate just to get out. If deported can I or our kids refile? If this happen so long ago is there any other remedy.
    Sorry this is long winded. My husband says the investigator practically forced the 2 illegal aliens to confess that my husband was to take them to their destination but he was not there for those intentions. My husband was distraught at that time due to his brothers death (his only brother)went on a drinking binge went off & ended up at the wrong place at the wrong time. My husband stayed in jail for almost 40 days. In those days they'd take him in front of the judge (w/out an atty), he kept pleaing not guilty while I tried to raise money for an atty, it was hard w/3 young children (our
    US born kids,I'm US born too)We were married 12 yrs @ that time. By the time I raised it went to the Border on the Greyhound w/my children, he'd caved in & plead guilty, desperate to just get out. Atty didn't fight it either. My husband asked the judge will this effect my "Green Card". Judge responded I don't know. This was a one time felony. He's not
    gotten into trouble since then. Problem was the
    hearing with the Immigration Judge. Cheap atty again, I guess you get what you pay for because he didn't explain that my husband ended up w/an Order of Deportation.Now it's devastating all of us. He's remained a good citizen ever since then. We have an atty right now but all we get is the file is so old they are still trying to locate it. I don't see why there isn't any type
    of motion or relief that can be filed in the meantime. Even with my husbands current disability their should be. I feel we've made another mistake in hiring an inadequate atty.
    Do you know of a good, good one in Houston, TX?

  3. #3
    Mike.. I just pulled up the website. They look like they know what they are doing.
    I am so grateful for all your advise and help. Your a Gem. Thank you!!!.

  4. #4
    Oh Mike I forgot to tell you I will be contacting them in the morning. Thanks again.

  5. #5
    Someone12
    Guest
    it's good to see that dumba$$ douchebags like mike2007 and others believe in the siren song of immigration attorneys....these charlatans will only take your illegally-earned money...none have any power or authority over our immigration process...that is why they are immigration attorneys....no one else would have them.

  6. #6
    lulutx ,,call them tomorrow and ignore this dirty pig

  7. #7
    you know wut my dad was legal he didnt break the law im pretty sure every "american citizen" has broken the law were not all perfect just cause we were born in the US dont mean we have to treat humans that are from a diffrent country any diffrent i dont understand why u are so harsh to people you dont even know i hope u are really good in with god cause he is the one said who said thou shall not jugde one another and here you are commenting on something you will never go through how dare you. You know what may god bless you and your family cause what goes around comes around. Good luck with your life

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
    it's good to see that dumba$$ douchebags like mike2007 and others believe in the siren song of immigration attorneys....these charlatans will only take your illegally-earned money...none have any power or authority over our immigration process...that is why they are immigration attorneys....no one else would have them. </div></BLOCKQUOTE>

    I have to clench my teeth while I'm doing this, because this time around I have to, really, I have to agree with someone12.

    I'm also from 100% immigrant family. Accordingly, I sympathize with all immigrants like myself and, yes, both legal and illegal. As much as possible, I try to help the needy without any reservations. (You can read back my old posts to confirm that I'm not lying).

    I only have these words for you: don't ever, ever give away your hard-earned money to any lawyer who promises favorable outcome out of your husband's situation. They will initially charge you 3k or more. Don't pay this amount until she/he discusses with you the details of your husband's case and what he's actually faced up with, what he's planning to do, and at least what's the expected outcome.

    You may end up losing a husband and deep in debt.

    Without passing any judgment, just the law involved, let me tell you in passing your husband's situation.

    He violated: ... an offense ... relating to alien smuggling, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent (and no other individual) to violate a provision of this Act... (your post doesn't suggest that he falls under this "exception")... This offense, unfortunately, is defined as an AGGRAVATED FELONY under section 101(a)(43) of the Immigration and Nationality Act, as amended.

    Some lawyers may promise you the moon and the stars through this and that relief or waiver, but beware, again, this is what the law actually says...

    Conviction of an offense deemed to be an aggravated felony under 101(a)(43) INA carries drastic penalties under immigration law, including removal from the U.S. and a lifetime bar to readmission as a lawful permanent resident.

    An individual convicted of an aggravated felony is ineligible for: 1. Voluntary departure; 2. Establishment of good moral character; 3. Establishment of eligibility for naturalization, suspension of deportation or registry; 4. Asylum; 5. Withholding of removal; 6. Establishment of eligibility for 212(h) INA relief; and 7. Cancellation of removal.

    The law is harsh, but that's the law, and no amount of sagacious lawyering could change that.

    Despite all this, indeed, I'm dead honest with you, I wish I'm wrong.

  9. #9
    Each case is unique, mike. Also I didn't pass any judgment, I just warned the OP to be very careful before letting go of her money. I tried very hard to be balanced in my post, that's all. Oh, I also said, I wish I'm wrong. If you can prove me wrong, I'll rejoice with the OP.

  10. #10
    RN, your comments related to the aggravated felony are quite clear; but we don't know the legal status, if any, that the alien held at the time of the conviction, we don't know if the alien was or was not an LPR at that time. Also, since this it's an aiding and abetting charge disposed by a plea deal, the plea is controlling and part of the ROC; we don't know anything about the plea agreement or the record of conviction and accordingly it's a little premature to say that offense will be considered one "related to alien smuggling" with any degree of certainty.

    - THIS IS NOT LEGAL ADVICE -

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