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Thread: Need urgent help..deportation... if anyone can help me

  1. #1
    I email this question to sammy but I guess Iam not lucky to get his answer ,I appriciate if anyone can help me.. I almost lost hope.
    I took Voluntary departure and never left. Yes I came Inspected. I got married after 2 weeks of final hearing and hired another attorney. he took
    money for filing AOS package and also took seperately
    for Motion to reopen but filed motion without fees also just 3days before the deadline, due to that
    motion was rejected, he never inform me,but again
    filed the same motion with fees but it was late by 20
    days. judge denied my motion as untimely. Again He
    never inform me about judges decision, everytime he
    told me that motion is still pending, the he filed for
    EAD and when I went to pick up EAD Officer told me
    that your motion is denied and send me to record
    office in Newark to get a copy . I did that and ran
    back to his office where I found out that he had
    decision in my file too. He did motion again which was
    opposed by INS and Denied
    again. Then again he didnot inform me after six month
    when I ask him about my case he checked my file and
    File another motion based upon the married to USC and
    I-130 approved in BIA which was denied too,
    discretionary. he filed appeal to reconsider but was
    denied.
    Then he filed for 3rd circuit court as BIA abused its
    discretion and Judge wrongly made decision as untimely
    appeal but result came as I,m Law abiding person and I
    tried to file motion as timely but was not filed
    timely and ther are no wrong doing by EOIR part.
    The record shows that
    he filed motion without fees and I have proof that he
    took money from me as his fees and motion fees 46 days before the motion filed.
    I never cummit or involved in any crime . Paid all my
    taxes from last 11 years.
    My wife never worked, and we have three kids Us born,
    Wife is citizen.
    I have I-130 approved.
    Please give your comments if anyone is in the same situation, or know the way hoe to reopen the old case?

  2. #2
    I email this question to sammy but I guess Iam not lucky to get his answer ,I appriciate if anyone can help me.. I almost lost hope.
    I took Voluntary departure and never left. Yes I came Inspected. I got married after 2 weeks of final hearing and hired another attorney. he took
    money for filing AOS package and also took seperately
    for Motion to reopen but filed motion without fees also just 3days before the deadline, due to that
    motion was rejected, he never inform me,but again
    filed the same motion with fees but it was late by 20
    days. judge denied my motion as untimely. Again He
    never inform me about judges decision, everytime he
    told me that motion is still pending, the he filed for
    EAD and when I went to pick up EAD Officer told me
    that your motion is denied and send me to record
    office in Newark to get a copy . I did that and ran
    back to his office where I found out that he had
    decision in my file too. He did motion again which was
    opposed by INS and Denied
    again. Then again he didnot inform me after six month
    when I ask him about my case he checked my file and
    File another motion based upon the married to USC and
    I-130 approved in BIA which was denied too,
    discretionary. he filed appeal to reconsider but was
    denied.
    Then he filed for 3rd circuit court as BIA abused its
    discretion and Judge wrongly made decision as untimely
    appeal but result came as I,m Law abiding person and I
    tried to file motion as timely but was not filed
    timely and ther are no wrong doing by EOIR part.
    The record shows that
    he filed motion without fees and I have proof that he
    took money from me as his fees and motion fees 46 days before the motion filed.
    I never cummit or involved in any crime . Paid all my
    taxes from last 11 years.
    My wife never worked, and we have three kids Us born,
    Wife is citizen.
    I have I-130 approved.
    Please give your comments if anyone is in the same situation, or know the way hoe to reopen the old case?

  3. #3

  4. #4
    Michael
    Guest
    You have no case whatsoever. Stop giving money to the lawyer. He obviously is unethical. He should have told you that you have no case to begin with. You should file a complaint with the local bar association.

  5. #5
    Michael
    Guest
    While it is admirable to have paid your taxes, you have violated the laws of this country and no lawyer can remedy that.

  6. #6
    Don't listen to Michael he doesn't know anything about laws, you are probably eliglible for cancelation of removal or something like that, mohan might be able to help you.

    I think you have a case however, you will have to fight it in Federal Court, but you must file a complaint with bar of attorneys of your state!!!

  7. #7
    I didnot violated any law. I came here inspected , and filed for political asylum, I told my lawyer that I am getting marrried to USC within two week , he suggest me to ask for voluntary departure. so it happend and Lawyer charged me ton of money for voluntary departure. I didnot know the consequences. I thought Marriage case will be adjusted eariler then political asylum.
    I came here for Help not for discouragement, I need a solution.
    If there are no possiblities then I am ready to go back. I only stayed here for my wife and children and still support them. If BCIS want them to go on public support (which I will never let them till Iam here)then its their choice.
    No more negative comments please.

  8. #8
    Pascal,

    I would seek out another attorney right away that can help you with your case. It is getting too complicated and too risky to rely on newsgroups.

    Some have mentioned that you can find a good immigration attorney through www.aila.org

    I would also suggest you post your request on a larger forum like:

    http://britishexpats.com/forum/forum...?s=&forumid=35

    They have several immigration attorneys that may be able to help you.

  9. #9
    Pascal,
    there are quite some good lawyers in the ILW attorneys list. You can search by specialization and location, e.g. type in "deportation" and it will bring out some attorneys specialized in that area. Pick a few and call them to discuss your case on the phone. Depending who appears strong to defend you, follow up with him/her. Some may help with referrals too.

    Yes, you can file a complaint with the state bar. You have to compile your case well though against that attorney, otherwise it may be dismissed for lack of evidence.
    Good luck!

  10. #10
    Mohan is not responding to you for a smart reason, he's playing "good cop" Hey Mo, you rocks :-)

    Let me be the tempting "bad cop" delivering the bad news, as always; First off, there is no avenue available once you take VD and don't leave. It doesn't matter how sugar coated you want it, how much TLC you need or whatsoever, this is the fact! There is no lawyer in this world that can bend this part of the law for you. You would have had a chance if your removal order was still pending one way or the other. Having entered inspected, paying taxes for 11 yrs. most was going in your favor. Some cases go on for long years, but once you take the VD you gotta go by the book or you're messing up your last chances.

    If you gonna start whinning, no need to read the rest; from your post and specifically this sentence "I thought Marriage case will be adjusted eariler then political asylum" I take it that you felt as if you had a choice between marriage AOS or politcal asylum and you were picking the "faster" one for convinience. BCIS is well aware of these kind of fraud cases and you probably could never prove a political asylum (which 90%+ are considered fraudelent by BCIS - read; BCIS, not me - anyway) or the bona fida part of your marriage. A marriage to a U.S. citizen that takes place during removal is not to be considered for chancelation purposes!

    The VD was granted to you to give you a last solid chance to prove the bona fida of any of your intentions. Because your spouse would be taking over from this part on and it would satisfy BCIS about your motivations, for a legal return to the U.S..

    The arguments about your lawyer having done such a miserable job don't matter. BCIS does not have to take that into account. Most of their decisions regarding your case are discreationary anyway and you don't have a claim to that discreation! I would urge you to either get the best attorney in the U.S. who can dig up loop wholes and magically find some routes for you that I'm absolutly not aware of, or to leave before you increase your out-of-status presence. From abroad you can try to obtain a waiver of inadmissiable, hardship dadididadada...

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