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Thread: Any advice or comments would help.....

  1. #1
    My husband was arrested two weeks ago on a deportation order for in absentia. The attorney said it was because he did not go to a court date. We never knew he had one as the letter went to an old address. Iam a US citizen, and my husband is not legal here. The attorney filed a motion to reopen. The attorney says not to worry, but I do worry. My question is this: He has Multiple Sclerosis, we are legally married and have three children. He is also the only one supporting our family, as I am a full time student. And he did not know he had an order of deportation since he did not get the notice. Oh, and he has no criminal record. Will all of this help him, or will the judge not care? Do we have a good or decent chance at having this case reopened? And if so, will he bond? The attorney says she has had lots of good outcomes on cases like these, but every case is different. Any other advice would really be appreciated. My children and I really miss him.

  2. #2
    My husband was arrested two weeks ago on a deportation order for in absentia. The attorney said it was because he did not go to a court date. We never knew he had one as the letter went to an old address. Iam a US citizen, and my husband is not legal here. The attorney filed a motion to reopen. The attorney says not to worry, but I do worry. My question is this: He has Multiple Sclerosis, we are legally married and have three children. He is also the only one supporting our family, as I am a full time student. And he did not know he had an order of deportation since he did not get the notice. Oh, and he has no criminal record. Will all of this help him, or will the judge not care? Do we have a good or decent chance at having this case reopened? And if so, will he bond? The attorney says she has had lots of good outcomes on cases like these, but every case is different. Any other advice would really be appreciated. My children and I really miss him.

  3. #3
    You didn't have to open another thread.

    Yes, the fact that your husband entered with inspection and his removal was based only on violation of visa terms, his lawyer is right, it's a winnable case by virtue of his marriage with you. Granting that, as you said, he doesn't have any other grounds of inadmissibility. The attorney could file a motion for bond hearing for his conditional release.

  4. #4
    Okay thank you so much. the place where he is being detained (other men in there have been in for over 6 months and they told my husband he would probably be also) and I just was not understanding why so long. It has been 12 days now.

    If the judge does agree to reopen the case, what will happen next if you dont mind me asking? I do have an attorney but did not want to ask that question until I know he will get out.

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by cookies:
    My husband was arrested two weeks ago on a deportation order for in absentia. The attorney said it was because he did not go to a court date. We never knew he had one as the letter went to an old address. Iam a US citizen, and my husband is not legal here. The attorney filed a motion to reopen. The attorney says not to worry, but I do worry. My question is this: He has Multiple Sclerosis, we are legally married and have three children. He is also the only one supporting our family, as I am a full time student. And he did not know he had an order of deportation since he did not get the notice. Oh, and he has no criminal record. Will all of this help him, or will the judge not care? Do we have a good or decent chance at having this case reopened? And if so, will he bond? The attorney says she has had lots of good outcomes on cases like these, but every case is different. Any other advice would really be appreciated. My children and I really miss him. </div></BLOCKQUOTE>

    Change your attorney immediately if you have to come to public board and ask laymen for advice or comments on your husbands' legal case.

    Anyway...

    What will matter?
    Whether the NTA or order of deportation was properly served and sent to the last address on file.
    Your claim of changed address won't make any difference as long as letter was sent / delivered to last known address. Your husband will be held responsible for not updating his address with USCIS.

    What is the definition of proper USPS mail service?
    Your attorney must be familiar with specific case ruling and know it. Does he know it?

    Next, if your husband found at fault of not updating his address and if it's established that OoD or NTA was delivered to last known address, then deportation in absentia will be confirmed - unless there is a clearly documented error of previous attorney who caused it to happen by negligence.

    If order of deportation is confirmed your husband will almost certainly be deported and will have to apply for readmission from overseas , with the additional waivers that will be very difficult to obtain.

    How come you didn't know he was ordered deported in absentia? Didn't you do FOIA or anything since you were married?

    Your childrens' "missing your husband" is not something meeting court standard of extreme hardship, which wouldn't overcome order of deportation in absentia anyway. Nor does his sclerosis count, in fact doesn't matter if he will die of kidney failure tomorrow since he is not a US citizen.

    Go get a good lawyer. There are some really good ones but you will need to do some serious research to find one.
    http://www.anbsoft.com/images/usflag_med.jpg

    "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

  6. #6
    Good lord....one of you says it is a winnable case and the other says he will be deported.

  7. #7
    If the motion to reopen for in absentia is denied, can it be appealed?

  8. #8
    OldE is scaring you a bit here. Whilst it's true he could be removed (deported is an old term), you have one very big thing in your favor. That he is the breadwinner in the family. This is certainly a good point to bring under the standard of extreme hardship for winning an I-601 waiver case. Other factors that often work are any kind of long term illness (to the USC) where the immigrant has to help out, much like homecare in effect.

    For more information on I-601 waivers look here. Good luck.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by cookies:
    Good lord....one of you says it is a winnable case and the other says he will be deported. </div></BLOCKQUOTE>

    It's quite natural in any discussion board on the net. That you'll get varied responses in any given case. Try consulting with different lawyers and for sure you'll also get different opinions. The same thing is true for us non-lawyers here on this site.

  10. #10
    thank you all so very much and I will look into the I-601...god bless..

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