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Trying to help a friend

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  • Spouse
    replied
    The general rule under 1996 law is that if you re-enter after a previous immigration violation, you are ineligible to enter and are barred for the duration of the original time.

    The only chance to alter this would be through some sort of retroactive waiver (that would make the re-entry technically legal) or to get some sort of special pardon.

    She may want to look into her chances to go to another country as well, since any chance she has with this one - if it exists at all, will be a long and complicated road.

    Canada offers permanent residency to professionals, she could check to see what would be required of her to obtain this status.

    Perhaps she could get a work visa to another country such as australia, New Zealand, or something (or even a south american country like Chile?) most work visas would included a child as a dependent!

    It sounds truly awful and I wish her the best of luck!!! I would suggest that she look for immigration lawyers that might actually have expertise in this area - perhaps you could help her to do so, as you can probably help to determine if they really have experience or if they are just interested in profiteering!

    Leave a comment:


  • josephine schmo
    replied
    I couldn't imagine living here all your life and then being deported to a country you don't even know or remember. I feel really bad for her. Good luck.

    Leave a comment:


  • Stormie
    replied
    She pled guilty in the early 90's. I think she was deported, I do not believe she left on her own.

    Leave a comment:


  • mohan
    replied
    its tough situation. she was already deported, reentry will makes her ineligible for another five years. depending on the situation , a good attorney can persue her case in two different directions. One she was here since age of 4. she has to prove that with the evidence, based on that good attorney can make her case for 10+ year physical presence and also grandfathering IRRIRA act of 1996.( no matter if the NTA is issued at later stage), Next part is good moral ,if she can prove that, it can be cencellation of removal, attorney can motion for deportation and prove it wrong, it can be argued that she should have not deported in the first place because she is here since age of 4, and relief was available before deportation. Good attorney can argue for wrong deportation and erred by INS because Alien was not exhausted. there are many technical points to prove, if you are attorney you know what i,m talking about.
    Once case was subbmitted on technical ground and blended with Hardship waiver to USC which includes US is only known country to her and the evidence of mexico officials to sen it back. there might be worth a shot.
    Make sure to prove the Case before IRIIRA whcih change the whole bases,including standard of hardship.
    As I said its a hard case, because of repeated Immigration violations, ( EWI,felony, ReEntry after deportation) she must seek a good help.
    Forget to write, Attorney should not take the back track of filing 212 waiver first and then file for AOS, he should do the motion first , and once case is in court then she can only be adjusted. Otherway around will be hard to deal with and scer wup the whole case.

    Leave a comment:


  • ardainia
    replied
    Oh...those pescky felony drug convictions. Praytell, when did this happen? As far as I know there is no waiver for a felony conviction. Also, was she deported from the US or did she leave voluntarily?

    Leave a comment:


  • Stormie
    replied
    Long story short. My friend's sister pled guilty to a felony (trafficking) because she was at the wrong place at the wrong time. (Loser boyfriend took her to a drug house that ended up being raided). She did her time, participated in all the programs including getting her Associates Degree with honors. She was deported a few years ago to Mexico( she does not speak Spanish and has lived here since she was 4 years old- 34 now) Her parents are deceased, her only family (siblings and her only child who is a minor child) are in the US (and his dad is a deadbeat). Mexican officials turned her away at the border because they did not believe she was a Mexican citizen. Managed reentry into US. Several positives including stable employment. Currently in custody based on being stopped at a road block. No criminal activity. Is there any hope of a waiver and avoiding sentence for illegal reentry? I am an attorney, took immigration law, but it is not my area of practice. She was eligible for a waiver before the changes in the law in '96 but INS did not conduct her hearing until '99.

    Leave a comment:


  • Stormie
    started a topic Trying to help a friend

    Trying to help a friend

    Long story short. My friend's sister pled guilty to a felony (trafficking) because she was at the wrong place at the wrong time. (Loser boyfriend took her to a drug house that ended up being raided). She did her time, participated in all the programs including getting her Associates Degree with honors. She was deported a few years ago to Mexico( she does not speak Spanish and has lived here since she was 4 years old- 34 now) Her parents are deceased, her only family (siblings and her only child who is a minor child) are in the US (and his dad is a deadbeat). Mexican officials turned her away at the border because they did not believe she was a Mexican citizen. Managed reentry into US. Several positives including stable employment. Currently in custody based on being stopped at a road block. No criminal activity. Is there any hope of a waiver and avoiding sentence for illegal reentry? I am an attorney, took immigration law, but it is not my area of practice. She was eligible for a waiver before the changes in the law in '96 but INS did not conduct her hearing until '99.
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