INS denied extenstion for ailing dad: what to do? Urgent!!

[tomhu]

Hi:

My dad came to visit me sometime in 2001 and, unfortunately, had a stroke and was hospitalized. Later, as that initiated dementia in him, he had a second degree burn and his condition deteriorated rapidly since then and now he needs 24 hour care (for bathing, feeding, dressing etc). We applied for his extension which was granted four times. However, INS denied the 5th one (his last I-94 expired on Nov 2003) stating rule that extension cannot be given for more than one year. We got the decision in early May 2003 and immediately filed for motion to reconsider along with a new extension application. His doctor wrote letters all along stating his medical condition (with hospital and medical records) that he cannot take trans continental flight at his condition. Yesterday, INS responded that they denied the motion to reconsider. I am going to talk to my attorny day after tomorrow. Just want to know your view on my situation: what would be best for me now. I applied for citizenship this past March (pingerprint is scheduled late June) and the Norfolk center is processing April 2003 cases. Should I appeal or just do nothing until I become citizena and can apply for his adjustment of status (hoping that INS would not issue any deportation order on him meanwhile)? If I appeal, is there a chance that INS would issue a deportation order on him if I lost the case? Please help what might be best for me at this situation? I know I will talk to the attorny, however, sometimes they can screw things up.

Thanks.

[tomhu]

Hi:

My dad came to visit me sometime in 2001 and, unfortunately, had a stroke and was hospitalized. Later, as that initiated dementia in him, he had a second degree burn and his condition deteriorated rapidly since then and now he needs 24 hour care (for bathing, feeding, dressing etc). We applied for his extension which was granted four times. However, INS denied the 5th one (his last I-94 expired on Nov 2003) stating rule that extension cannot be given for more than one year. We got the decision in early May 2003 and immediately filed for motion to reconsider along with a new extension application. His doctor wrote letters all along stating his medical condition (with hospital and medical records) that he cannot take trans continental flight at his condition. Yesterday, INS responded that they denied the motion to reconsider. I am going to talk to my attorny day after tomorrow. Just want to know your view on my situation: what would be best for me now. I applied for citizenship this past March (pingerprint is scheduled late June) and the Norfolk center is processing April 2003 cases. Should I appeal or just do nothing until I become citizena and can apply for his adjustment of status (hoping that INS would not issue any deportation order on him meanwhile)? If I appeal, is there a chance that INS would issue a deportation order on him if I lost the case? Please help what might be best for me at this situation? I know I will talk to the attorny, however, sometimes they can screw things up.

Thanks.

[xandtrick]

You should be able to appeal that decision but I think you only have 15 days to file.

Definatelt talk to a lawyer ASAP.

Good luck.



http://www.immigrate2us.net

[tomhu]

Thanks Xandtrick. Any input on filing an appeal vs not doing anything? What I wonder is if filing and appeal and getting denied on that would automatically (or folllowing immediately) generate a deportation order for him or not. Also, if I dont do anything (waiting for my citizenship to be granted which it looks like another year from now), is INS gonna track him down and arrest/deport etc?

[Pandora]

Tomhu: even if your appeal was to be denied, it would buy you some time and still keep your father in some kind of status. If you just ignore the decision, he starts to be out-of-status and becomes a removable alien by statute (law) immediatly which makes the latter process of trying to adjust his status much more complicated.

On which ever grounds you're planing to petition for your father, that you must explore with an attorney, but as far as I can see and your naturalization so close your only problem is your stretch for 'time'.

You should definitly and timely appeal and gather more evidence that he's not fit for any oveerseas travel and apply for another kind of visa at this time even if he was to be denied, it will take time to process and buy you ... you're right: more time! Good luck and sorry for what happened to your father.

[tomhu]

Today I talked with my lawyer. Basically he said I got two options:

1. Let my dad go home which is not possible at his physical situation (actually, his doctor also wrote down in her letter very clearly that he cannot take transcontinental flight).

2. Do nothing and wait for my citizenship to be granted (which may happen sometime in next April/May, I assume). He told me I cannot file any other appeal. Finding that hard to fathom though. He also told me upon my question that denial the motion to reconsider does not automatically generate a notice to appear (NTA). Even if that happens, the process would most likely not happen before my citizenship application gets granted so we should be safe.

Any suggestions or comments here, PLEASE!!!!

[Tak]

Second option is ok. After being citizen, you can file I-130 and Wavier if required at that time. Chill out

[ARQU]

Sorry to hear about your fathers failing health - best wishes to him and your family...

I would call another lawyer for a second opinion. There is a lot riding on this!

ARQU

[xandtrick]

If you would receive a deportationorder for your father and you have written statements by doctors saying he cannot undertake this journey you could always file suit in a regular court of law against the US governement arguing inhumane treatment. You might make the news doing so but no reasonable judge will allow him to be deported.

Good luck.