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  • What's is the real true

    I started my case as asylum in 2001(I did with 02 mo before my I94 expired)In that year the judge denied my case and gave me v.departure waiving my right to appeal.I did appeal in less than one month to BIA.Then in 2003 I got married ,then we filed I130,I485.In 05/04 the Citizenship approved without go to interview,because we did sent all the documents necessary.But before the I130 to be approved I did appeal to N.Circuit.The N.Circuit denied now 08/04,because they tell me that I'm not elegible for adj.status for 10 years ban,because I didn't leave the country or because I did waived my right to appeal.And they tell me if I did Motion to Reopen within 30 days when I lost with BIA, I could have right now for adj.status.(I really don't understand) I always did pay attorney to represent me,and always the Judges from N.Circuit just found mistakes in my case because of the Attorneys gave me wrong advise.
    NOW THREE ATTORNEYS GAVE ME TWO DIFFERENT ADVISE
    The first one - Told me that I still have right to do v.departure because my case It was all the time pending, and in my case I'm not waiver(but now it's closed definitly)and then I need go back to my country,and wait for maximum 01 year until the Consulate call me for available visa,then I can came back and have green card without any other procedures anymore.But He says that can be more longer.
    The second attorney - Told me that I'm being deported,and no matter what it's going to be in my records for future visa available and they may not give me green card and denied my marriage(that it's approved already)
    It's going to be hard to try prove hardship, because my husband suppose to go with me if he really loves me.No matter what country.He told me if I have chance 1,5 or more maybe 05 years.And that I don't have any rights anymore to try to do v.departure, because if they give me that right I still reopen my case.
    The first one charge us 900,00.
    The second charge us 3.000,00.
    There is other than suggest me to do habeas corpus to see if the judge grant to me to stay and do it adj.status(The answer can be 01 mo,06 mo or 1,5)it depend how luck we are.It's going cost 3.500,00. (Just for try 10 or 20% chance of me stay,if not I need leave US for 10 years ban)
    Me and my husband we are really stressed a lot, we trying keep going our lives because we have to,like many others.It's really painful.
    We feel like we are wasting time and money, because since I started I did spent already 11.000,00.I have employm.autoriz, and social security card (from my process as asylum),
    It's impossible to my husband to go in my country because he doesn't spaek my language, and it's other system different,and he won't have change for find job because there is jobs or future in my country(it's sad but it's real),I'm trying desesperatly to go to Canada that my husband can visit me there if it will take 05 or 10 years)We have house here in US,but it seems to me that it doesn't matter.
    My husband he's 46 and me 41.When we can have chance to have one normal life maybe at 60.It's not to bad if there is any hope.I just know that I did not comitted any crime.My life it's clean.I just meet my husband in wrong time in my life.But we still love each other,and he always tell me don't give up.I'm glad we didn't have any children that could be suffering this situation.Thanks for just reading this and share with me and my husband our problem.

  • #2
    I started my case as asylum in 2001(I did with 02 mo before my I94 expired)In that year the judge denied my case and gave me v.departure waiving my right to appeal.I did appeal in less than one month to BIA.Then in 2003 I got married ,then we filed I130,I485.In 05/04 the Citizenship approved without go to interview,because we did sent all the documents necessary.But before the I130 to be approved I did appeal to N.Circuit.The N.Circuit denied now 08/04,because they tell me that I'm not elegible for adj.status for 10 years ban,because I didn't leave the country or because I did waived my right to appeal.And they tell me if I did Motion to Reopen within 30 days when I lost with BIA, I could have right now for adj.status.(I really don't understand) I always did pay attorney to represent me,and always the Judges from N.Circuit just found mistakes in my case because of the Attorneys gave me wrong advise.
    NOW THREE ATTORNEYS GAVE ME TWO DIFFERENT ADVISE
    The first one - Told me that I still have right to do v.departure because my case It was all the time pending, and in my case I'm not waiver(but now it's closed definitly)and then I need go back to my country,and wait for maximum 01 year until the Consulate call me for available visa,then I can came back and have green card without any other procedures anymore.But He says that can be more longer.
    The second attorney - Told me that I'm being deported,and no matter what it's going to be in my records for future visa available and they may not give me green card and denied my marriage(that it's approved already)
    It's going to be hard to try prove hardship, because my husband suppose to go with me if he really loves me.No matter what country.He told me if I have chance 1,5 or more maybe 05 years.And that I don't have any rights anymore to try to do v.departure, because if they give me that right I still reopen my case.
    The first one charge us 900,00.
    The second charge us 3.000,00.
    There is other than suggest me to do habeas corpus to see if the judge grant to me to stay and do it adj.status(The answer can be 01 mo,06 mo or 1,5)it depend how luck we are.It's going cost 3.500,00. (Just for try 10 or 20% chance of me stay,if not I need leave US for 10 years ban)
    Me and my husband we are really stressed a lot, we trying keep going our lives because we have to,like many others.It's really painful.
    We feel like we are wasting time and money, because since I started I did spent already 11.000,00.I have employm.autoriz, and social security card (from my process as asylum),
    It's impossible to my husband to go in my country because he doesn't spaek my language, and it's other system different,and he won't have change for find job because there is jobs or future in my country(it's sad but it's real),I'm trying desesperatly to go to Canada that my husband can visit me there if it will take 05 or 10 years)We have house here in US,but it seems to me that it doesn't matter.
    My husband he's 46 and me 41.When we can have chance to have one normal life maybe at 60.It's not to bad if there is any hope.I just know that I did not comitted any crime.My life it's clean.I just meet my husband in wrong time in my life.But we still love each other,and he always tell me don't give up.I'm glad we didn't have any children that could be suffering this situation.Thanks for just reading this and share with me and my husband our problem.

    Comment


    • #3
      Dear Peter,
      From what i understood, you only have the option to give it a chance with the judge, the 20% worth the money.

      I really feel sorry for your situation, but you should try all what you can do to save your life and your family.

      Good luck.

      Comment

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