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Thread: Husband deported leaving 2 USC kids and USC wife

  1. #1
    Guest
    I'm am so depressed, sad, and losing hope every single day. But I try to keep my faith that there will be a light at the end of the tunnel. But how far that tunnel will be...it looks like it's far. I'd like to share with you all my sad story. My husband and I got married in jan. 2000. Before we met, he had been living here in the U.S. since 1986. Applied for Political assylum in 1993 in Northern Calif. got denied, appealed and was granted voluntary departure in 1995. He didn't leave because he was working here trying to support his parents and siblings in his country. His Lawyer was trying to appeal it and i guess lost the case. But mind you, he was granted an EAD card and San Francisco office renewed it till 1997. He then moved down south Calif. When we married, we thought that everything would be fine, that I could petition him because i'm a USC. So we got a new attorney, applied for I-130, I 485, and applied under 245i. we even disclosed in the application that
    he had a prior departure or deportation order. They still accepted our money and application. Even issued him an EAD card. On Aug. 2001, we had an appointment date for interview. We were ready with all required paperwork and photos asked for and by this time we had a son. When we faced the officer, he tells us that the file is not there!! That there will be a new interview date. WAIT WAIT WAIT we did and no interview date! Mar. 2002 he is asked to renew his card. He did at the INS office. April 25, he gets picked up at our house and jailed for 3 weeks then detained at INS for a little over a month and got deported! WHAT **** HEAD INS people. Our second child was born Jan 2002. Now i'm left with a home which i can't pay for because i don't work and 2 kids. Our stupid attorney didn't even file for a motion to reopen. I hired a new attorney but am not sure if he's also doing his best to help me. I sometimes wish i can just do all this myself but I have 2 kids and it's hard. I had to sell the house because we would eventually lose it since my husband was our sole income.
    Now the attorney has filed for I-824 to have our approved petition rerouted to the country my husband is at. But how long will that take??? I saw the processing times. They're processing ones in from earlier this year! AARGH! I lived here in the US practically all my life and all my relatives and family are here. I thought they, INS & BUSH want to keep families together? They're tearing mine apart! Can anyone give me some insight on what paperwork with INS I should give or do? And if there's anyway I can expedite things? I'm just getting so sick of this. My mom & I even went to my Congresswoman in person, went to the INS offices and handed out letters..i'm just about at the end of my rope if it wasn't for my kids that keep me going.

  2. #2
    Guest
    I'm am so depressed, sad, and losing hope every single day. But I try to keep my faith that there will be a light at the end of the tunnel. But how far that tunnel will be...it looks like it's far. I'd like to share with you all my sad story. My husband and I got married in jan. 2000. Before we met, he had been living here in the U.S. since 1986. Applied for Political assylum in 1993 in Northern Calif. got denied, appealed and was granted voluntary departure in 1995. He didn't leave because he was working here trying to support his parents and siblings in his country. His Lawyer was trying to appeal it and i guess lost the case. But mind you, he was granted an EAD card and San Francisco office renewed it till 1997. He then moved down south Calif. When we married, we thought that everything would be fine, that I could petition him because i'm a USC. So we got a new attorney, applied for I-130, I 485, and applied under 245i. we even disclosed in the application that
    he had a prior departure or deportation order. They still accepted our money and application. Even issued him an EAD card. On Aug. 2001, we had an appointment date for interview. We were ready with all required paperwork and photos asked for and by this time we had a son. When we faced the officer, he tells us that the file is not there!! That there will be a new interview date. WAIT WAIT WAIT we did and no interview date! Mar. 2002 he is asked to renew his card. He did at the INS office. April 25, he gets picked up at our house and jailed for 3 weeks then detained at INS for a little over a month and got deported! WHAT **** HEAD INS people. Our second child was born Jan 2002. Now i'm left with a home which i can't pay for because i don't work and 2 kids. Our stupid attorney didn't even file for a motion to reopen. I hired a new attorney but am not sure if he's also doing his best to help me. I sometimes wish i can just do all this myself but I have 2 kids and it's hard. I had to sell the house because we would eventually lose it since my husband was our sole income.
    Now the attorney has filed for I-824 to have our approved petition rerouted to the country my husband is at. But how long will that take??? I saw the processing times. They're processing ones in from earlier this year! AARGH! I lived here in the US practically all my life and all my relatives and family are here. I thought they, INS & BUSH want to keep families together? They're tearing mine apart! Can anyone give me some insight on what paperwork with INS I should give or do? And if there's anyway I can expedite things? I'm just getting so sick of this. My mom & I even went to my Congresswoman in person, went to the INS offices and handed out letters..i'm just about at the end of my rope if it wasn't for my kids that keep me going.

  3. #3
    Guest
    p.s. Just wanted to make another note, my husband & I did everything INS required us to do to adjust his status here in the U.S. Nothing we did is fake. He has had a valid SSN card, renewing his EAD card, paying his taxes. He's never even been convicted or committed any crime. All this and it takes them 7 years to deport him. Why not when we applied for I-130 and 245i etc!

  4. #4
    Guest
    First thing you must do.

    Send your story to every congressmen and senator
    who will vote for immigration reforms. And president BUSH, and even future president candidates as well. This story is heart breaking and our leagal system must realize that INS needs to be reformed and all of 1996 laws needs to be rolled back.

    What you should do under current laws:
    Your husband deportatin triggered merely due to
    immigration violations, first thing he must do, apply I-112(permission to reapply after deportations). Once this is approved you will apply for immigrant visa. Because, he applied AOS(adjustment of status - I am guessing your AOS application time, because you married in 2000) well after Jan-1998, so he accrued illegle time of more than one year. It is very possible INS consulate apply him 10 years bar. If consul applies this bar, then he has to file i-601 at cosulate office. when i-601 is approved he will be good to go.

    Please read topic "Topic: Support Return of Fairness to Immigration Laws" in this discussion group if this bill passed many familes will be united again.

  5. #5
    Guest
    Thank you for the reply 'crying man'. Yes, I did write to 2 congress people in my district, actually, 1 of which her office was trying to help us but said there is only so much they can do because INS gets mad at them for intervening too much as her caseworker told me. Also sent a 3 page letter to Pres. Bush. & also Laura Bush. I'm sure it didn't get to their hands.

  6. #6
    Guest
    Why did your husband not leave in 1995? Staying with relatives here is not a good enough reason to ignore distinct and definite instructions from the INS. No questions asked. Clear as crystal and in writing. This is a perfect example of what irks Americans. If your boss told you you had to leave your job, would you stay anyway? If the restaurant manager told you you'd have to leave the restaurant if you weren't dressed properly, would you stay anyway? If a police officer pulled to the side of the road and told you not to hitchhike, would you do it anyway? If a game warden told you that it was not hunting season, would you hunt anyway? Surely, a person ought to respect the laws of a nation even more when the United States Government asks him to leave voluntarily. What did your husband think would happen to that VD order? That it would disappear into thin air? Once he was notified concerning another INS matter, why did he not say, wait, there's another matter of a previous VD, is that no longer in effect

  7. #7
    Guest
    As far as I can see your situation it's very complicated. And as long as this congress is in session, unfortunatly, you can be pretty much assured that no changes will take place. To the contrary...

    Your now spouse was offered VD in 1995 which he ignored, as far as I know, INS doesn't take that lightly at all (and rightly so). That he received employment authorization was for humanitarian reasons and not as an indicator that he was being adjusted...

    Your marriage to him is too young as that it could be beneficial at this stage. As the previous poster stated, if you're willing, have the financail and emotional resources, your support, attempts and involvement in law changes may make a difference if you may get together as a family someday again.

    I wish you and your children strength and good luck!

  8. #8
    Guest
    There is a story similar like yours, this family lives in NY. The reason why your husband was deported though you have done everything he was required to do to adjust his status based on his marriage to a USC is because of the "Absconder List Apprehension Program". They are picking up people with previous deportation order.

    Check this link: demangeez.com

  9. #9
    Guest
    Yes, I read about that list. Picking up people with previous orders. But my question & disappointment is that when we applied for the I-130...actually, our lawyer said that was approved because we were going to have the interview for the I-485. Didn't happen though, like I said, the file wasn't there. My disappointment & anger is because we disclosed on the application & checked off the part where it said if he ever had a deportation. WHY THEN did it take them so long to deport him??? Why do they keep accepting our applications & renewing he EAD card if they were just going to do that? If we had know this was going to happen, we would've not started a family so soon. Gosh, and he was already punished! Like as if he was a criminal, jailed for 3 weeks! Detained for more than a month & he couldn't even touch his kids nor I. I think that's payment enough!

  10. #10
    Guest
    If one has a deportation order entered against oneself, why s/he would risk and apply for adjustment of status? Didn't your lawyer know that? Or he didn't let you know?

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