ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 8 of 8

Thread: need help

  1. #1
    I am an American Citizen since 1997. My husband has been detained in San Hose Main Jail since 09/13/2008 after they picked him from our home. In 2005 he has Notice to appear which we did not receive and he did not appear. We find out he have this notice after we receive the approval for I-130 in 2007. Our lawyer applied for Motion to reopen in 2007, but still no decision as of today. He has not had any criminal activity, but DHS is refusing to let him out on bond. He has a Motion to reopen in 9 Circuit Court with a Stay of Removal, but DHS has been holding him for more then two months now and for what I understand they will hold him till the decision from the Circuit court is received, which may take forever as the deportation officer told my husband few weeks ago.
    We finaly gave up and on 12/23/08 requested the 9 Circuit to lift the stay of removal, so my housband can be deported. My question is: Is there someone who can tell me how long can take for 9 curcuit to give this lift.
    Tahnk you

  2. #2
    I am an American Citizen since 1997. My husband has been detained in San Hose Main Jail since 09/13/2008 after they picked him from our home. In 2005 he has Notice to appear which we did not receive and he did not appear. We find out he have this notice after we receive the approval for I-130 in 2007. Our lawyer applied for Motion to reopen in 2007, but still no decision as of today. He has not had any criminal activity, but DHS is refusing to let him out on bond. He has a Motion to reopen in 9 Circuit Court with a Stay of Removal, but DHS has been holding him for more then two months now and for what I understand they will hold him till the decision from the Circuit court is received, which may take forever as the deportation officer told my husband few weeks ago.
    We finaly gave up and on 12/23/08 requested the 9 Circuit to lift the stay of removal, so my housband can be deported. My question is: Is there someone who can tell me how long can take for 9 curcuit to give this lift.
    Tahnk you

  3. #3
    Who is the judge handling the case? I can have my secretary put in a call to expedite it.
    If Democrats Had Any Brains, They'd Be Republicans

    Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!

  4. #4
    Someone12
    Guest
    Who cares? Just deport his sorry behind. BTW, all of this "anguish" is the fault of ??? yep, your dirtbag illegal alien husband, who chose to thumb his unwashed nose at our laws, threw away the notice (then tried to claim he never got it....yea sure...)and now, adios. Oh, please, now tell us that he is the most hard working man in the US of A, smarter than Einstein, and has never committed a crime (other than sneak into my country, work with a phony SSN, lie to our authorities, just to name a few......and we need him here for what reason?????

  5. #5
    Smarter than Einstein? I'd be willing to bet that he didn't even get past the eighth grade, has lived illegally in America for years...yet believes himself way too important to make any effort to learn - much less actually speak - English. Yeah, I bet that he's a real "winner."

    Now he's about to get an up-close-and-personal experience in the country that he's pretended to love and adore all of these years...you know the one that he's apparently soooo proud of!!

    We won't miss him.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by beni30:
    I am an American Citizen since 1997. My husband has been detained in San Hose Main Jail since 09/13/2008 after they picked him from our home. In 2005 he has Notice to appear which we did not receive and he did not appear. We find out he have this notice after we receive the approval for I-130 in 2007. Our lawyer applied for Motion to reopen in 2007, but still no decision as of today. He has not had any criminal activity, but DHS is refusing to let him out on bond. He has a Motion to reopen in 9 Circuit Court with a Stay of Removal, but DHS has been holding him for more then two months now and for what I understand they will hold him till the decision from the Circuit court is received, which may take forever as the deportation officer told my husband few weeks ago.
    We finaly gave up and on 12/23/08 requested the 9 Circuit to lift the stay of removal, so my housband can be deported. My question is: Is there someone who can tell me how long can take for 9 curcuit to give this lift.
    Tahnk you </div></BLOCKQUOTE>


    Hello Beni and welcome to the forum


    Do not be discouraged with the forum by the forum 3 well wishers here.


    some background info please. You are us citizen that married your husband.

    When did you marry him ?

    Why was your husband in deportation proceedings before 2005? crimes /illegal entry etc.

    Did he enter without inspection or was he a visa overstay?

    You filed the 1-130 for him and it was approved in 2007. Once you found out that there was a deportation order, did your lawyer not tell you that he could be picked up at anytime now that they knew where he was? You told them this when you filed the 1-130 giving current address.

    What does your lawyer say in regards to the decision as compared to some guard at the holding facility? 2 months in detention is not that long. His idea of forever could be 6-9 monts. Once he gets deported, just how long do you think that will take? You will need to file k-3 and have 212 waiver for the deportation and 601 hardship waiver.

    There will have to be an extreme hardship for the waiver to get approved for him to return to usa. The hardship must be real. What is the hardship ?


    I will refer you to immigrate2us.net There you can get support from other members who have been thru the same and will encourage you during this time.

    You can also read about the hardship waiver.

    You may want to do research before you make any decision.

  7. #7
    Hello, 4now thank you for your help!
    Actually in 9 cir there is 3 judge panel for the motions. My husband does not have any criminal background. My husband never used fake papers.He applied for alyssum in 2001 and in 2005 he got denied. We got married in late 2005, and applied for I-130 which got approved, but he needed to leave the country to try to get visa. By this time we find out that there is a deportation order, so our lawyer apply for Motion to reopen in 9 cir based on change condition in 2007. We are still waiting for this motion to get decided. My husband got picked up from home because as they told as he has an open case, but there is no Stay of removal in effect. Our lawyer apply for the stay and got it in 24 hours. So now we have the stay of removal, but he will stay in prison until the 9 cir reach decision on his motion. It has been almost 4 months that he is detained so now we wanted to lift the stay so he get deported and I can file the waver.

  8. #8
    Hi Beni

    You still did not anwser how he came into the country. Did he have a visa or did he sneak in and claim asylum?


    Also... you knew that he was denied asylum in 2005. You got married after that. You knew that deportation would be coming because of the denial. He did not reopen his case at that time.

    You also say that you applied for 1-130. When did you apply? Why did you not apply for the entire Adj of status package in late 2005 when you got married?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: