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Thread: I do not know what to do

  1. #1
    In december 2005 me and my wife went for our I-130 interview, we tought everyhing was going to be OK but instead they wanted to detain and deport her. It turns out she was deported in absentia back in 1995 and they wanted to "fulfill" such order. The interview went ahead anyways and the I-130 was aproved. My wife was let go on her own recognaisance with the promise she'd buy a plane ticket to her country. Our lawyer advised we file a motion to reopen to prevent the removal for the time being; when that was denied, we appealed to the VA center and that just came back denied. We've reached the end of the line, we don't know what else to do, my wife has a 10 year old daughter born in the US from a previous marriage and I would hate to see them split for ten years since the ex-husband has gone to court to prevent my wife from taking her daughter out of the state.

  2. #2
    In december 2005 me and my wife went for our I-130 interview, we tought everyhing was going to be OK but instead they wanted to detain and deport her. It turns out she was deported in absentia back in 1995 and they wanted to "fulfill" such order. The interview went ahead anyways and the I-130 was aproved. My wife was let go on her own recognaisance with the promise she'd buy a plane ticket to her country. Our lawyer advised we file a motion to reopen to prevent the removal for the time being; when that was denied, we appealed to the VA center and that just came back denied. We've reached the end of the line, we don't know what else to do, my wife has a 10 year old daughter born in the US from a previous marriage and I would hate to see them split for ten years since the ex-husband has gone to court to prevent my wife from taking her daughter out of the state.

  3. #3
    I find it very hard to beleive that someone in such dire sircumstances would come to a public board to ask an advise as to what to do and seriously expect to get a needed help.

    Your wife's case is in proceedings, you claim, and she was ordered deported in absentia back in 1995 and the order was confirmed , then you appealed it (10 years later?) and it once again was confirmed (by VA center? You mean BIA?).

    It basically means that there is no way she will be able to stay here any longer, unless you can prove that there was an unethical attorney involved who is ultimately and entirely responsible for mishandling of her case which in turn resulted in order of deportation in absentia, that she wasn't aware of it [not through fault of her own] , and thus her failure to timely file an appeal or leave the country would not be held against her (and by "proof" Court doesn't mean "he said-she said" kind of hearsay/innuendo, but a convincing evidence, a proof of factual finding by Aggreivance Committee and etc.).

    Another venue for her to stay would be to apply for WD under CAT - in such case she would have to prove that it is more likely than not that she will be tortured if forced to return back home.
    (Being a female p.orn-star from Iran may be of help).

    There is nothing more you should expect to hear from lay people such as ourselves when it concerns of the case as difficult as you describe.

    So, why don't you go make an appointment and talk to a practicing immigration attorney, who just be, MAY BE able to advise you what (if ANY) further legal action your wife can take to prevent her immediate deportation ?(my lay-guess is that none)
    ___________________________________

    [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

    One day it will have to be officially admitted that

  4. #4
    АЙ И, why do you think she can't get some kind of waiver?

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">why do you think she can't get some kind of waiver? </div></BLOCKQUOTE>

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">OP Posted:

    motion to reopen....was denied, we appealed to the VA center and that just came back denied. We've reached the end of the line... </div></BLOCKQUOTE>

    In theory, there are waivers.
    She may pursue those abroad (still needs a competent immigration attorney, to look at case law and advise whether it worth the try).
    ___________________________________

    [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

    One day it will have to be officially admitted that

  6. #6
    ИЕ, я just can't believe !Ты такой умница !! И НЕ МИЛЛИОНЕ* !! БЛЯ ПИЗДЕЦ !!

    p.s. разве end of line означает ПолныйПиздетЦ?

  7. #7
    Artrus,

    The EXACT thing happened to me and myhusband. My husband is now in the KROME facility in Miami. We have a lawyer and will be persuing his case abroad through the US Embassy. The thing that ****s about this whole thing is, we pay this government every month for the business that we own. We have US citizen children, but no one seems to care. Like my husband says he is just a number nothing else. What BCIS (formally INS) doesn't seem to understand is this is a trickle down effect that will effect everyone from me to the kids, to the people that are working for him and the builders he is working for. But here in the US you have killers and perverts, some who hold quite high positions with in this government! So just jeep fighting it if you can! And good luck!

  8. #8
    Someone12
    Guest
    so what you are really saying is that your husband is above our laws....this is such a common occurence amongst illegals....find the village i d i o t to marry and whine for a waiver, never mind that he decided not to obey our laws in the first place.
    I think it would be much better, easier and safer for the United States to eliminate ALL waivers...period....then we would see a tremendous drop in the number of bogus marriages entered into by illegal aliens and their braindead supporters.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">we pay this government every month for the business that we own. We have US citizen children, but no one seems to care. </div></BLOCKQUOTE>

    Your business and your children have nothing to do with your husband's actions.

    Your husband has everything to do with his own actions.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">so what you are really saying is that your husband is above our laws....this is such a common occurence amongst illegals....find the village i d i o t to marry and whine for a waiver, never mind that he decided not to obey our laws in the first place.
    I think it would be much better, easier and safer for the United States to eliminate ALL waivers...period....then we would see a tremendous drop in the number of bogus marriages entered into by illegal aliens and their braindead supporters. </div></BLOCKQUOTE>

    I don't know who's worse: the dumb immigrant who commited the crime or the dumb USC that sees no problem with the crime itself.

    How about eliminating all the waivers AND all the dummies who support the use of them?

    Everyone knows waivers are double-edged swords, which is why they're offered. They serve two purposes, one more than the other. Just applying for one...

    ...let me just leave it at that.

  10. #10
    My wife has to leave the country

    Another pooopster bites the dust
    ___________________________________

    [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

    One day it will have to be officially admitted that

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