Deportation Question

[JDA]

I'm an American Citizen and my wife is being Deported. She entered the country legally with a tourist visa 15 yrs ago but she overstayed the visa.

10 yrs ago, she was arrested, fingerprinted then released by immigration. Apparently, her hearing was some time in the past 9 or 10 yrs but she didn't go (they never said she had to go, they never gave her any paperwork and she never got anything in the mail also her language skills then were not very good).

A year ago, we were married and we decided to file for a green card. We got a lawyer, and we got the interview with immigration. The work authorization and adjustment of status was denied, but the I-130 was approved.

At the interview, the work authorization was brought up and the officer asked her if she was ever arrested and she answered no. She lied to him because she was scared.

Now she is in deportation and being held in custody. Our lawyer has agreed to take the case and wants to try and reopen the original case where she was arrested.

My question to you all - Fight the deportation or pay the ticket for her to get her out of here and try from her home country?

Note - there are two minor children involved who are American citizens. Also, she has no other offenses..not even a speeding ticket.
A state senators office is going place an inquiry on her case and give me as much info as possible. But that's all they can do.

So far, my take on this whole thing is I'm leaning towards working with immigration to just get her a flight out of the country, I'll pay for it...at least she will be out of jail. I'm not to hopeful for a stay of deportation. I think the lawyer will file, and the gov will just deny it. I'm looking for advice whether I should spend the cash to fight or just get the plane ticket.

Please - constructive comments only. Looking at the other posts on this forum, if your just going to bash me then just don't post please.

[JDA]

I'm an American Citizen and my wife is being Deported. She entered the country legally with a tourist visa 15 yrs ago but she overstayed the visa.

10 yrs ago, she was arrested, fingerprinted then released by immigration. Apparently, her hearing was some time in the past 9 or 10 yrs but she didn't go (they never said she had to go, they never gave her any paperwork and she never got anything in the mail also her language skills then were not very good).

A year ago, we were married and we decided to file for a green card. We got a lawyer, and we got the interview with immigration. The work authorization and adjustment of status was denied, but the I-130 was approved.

At the interview, the work authorization was brought up and the officer asked her if she was ever arrested and she answered no. She lied to him because she was scared.

Now she is in deportation and being held in custody. Our lawyer has agreed to take the case and wants to try and reopen the original case where she was arrested.

My question to you all - Fight the deportation or pay the ticket for her to get her out of here and try from her home country?

Note - there are two minor children involved who are American citizens. Also, she has no other offenses..not even a speeding ticket.
A state senators office is going place an inquiry on her case and give me as much info as possible. But that's all they can do.

So far, my take on this whole thing is I'm leaning towards working with immigration to just get her a flight out of the country, I'll pay for it...at least she will be out of jail. I'm not to hopeful for a stay of deportation. I think the lawyer will file, and the gov will just deny it. I'm looking for advice whether I should spend the cash to fight or just get the plane ticket.

Please - constructive comments only. Looking at the other posts on this forum, if your just going to bash me then just don't post please.

[Young Man]

This is a very serious matter. it can affect your whole family including minor children. So please take it very seriously and do as your lawyer says. In my opinion she should not leave the US unless there is no option left.

[dmartmar]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">...the officer asked her if she was ever arrested and she answered no. She lied to him, because she was scared.

There are two minor children involved who are American citizens.

My question to all of you is - should I fight against her deportation or just pay her ticket back home? </div></BLOCKQUOTE>

It is SO OBVIOUS that she put her own self personal interests first, before those of you and your children. That should tell you right there what this marriage was all about for her. Your children were just "pawns" in her game of chess.

But I have to ask; why did you not speak up for you or your children and tell the officer the truth?

[Someone12]

could not have said it better myself....this illegal visa cheat just wants a GC, nothing else. Another village i d i o t succumbs to temptation.

[JDA]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">It is so OBVIOUS that she put her own self personal interests first, before those of you AND your children. That should tell you right there what this marriage was all about for her. Your children were just "pawns" in her game of chess.

Get rid of her butt! </div></BLOCKQUOTE>
It's also OBVIOUS that you didnt answer my question.

I need some LEGAL advice, not ridicule. I have a lawyer, I want more LEGAL opinions...not just "your screwed..look what she did"

Tell me the % of chances that the case will be reopened and not denied? Tell me what if spending money on this will work out in the end? Or will the end be 10 yrs away and $100,000 later.

This money could be better spent in her home country living there.....what are my chances?

[keh]

Fight this! There is good law on your side in this matter, and make sure that the attorney you are using is experienced with these kinds of cases. If the person you have hired does not litigate in immigration court on a regular basis, get a new lawyer who does.

You have a valid defense, and your wife, under no circumstances, should leave the country until all possibilities are exhausted. When she leaves, she'll be subject to a 10 year bar (at least).

[Artrus]

Funny, your case is identical to my wife's case but lucky (or not so lucky because she had a miscarriage of our baby upon receiving the news)for her she was let go on her own after the I-130 was approved so we could take her to a hospital. We filed a motion to reopen the case that was denied, we appealed and that was denied to! Now we have filed with the Federal government so as long as she can show the ICE officers that she is in appeals process, she won't get taken away. My advise to you is the same our lawyer's, don't let her be sent to her country, there's a 10 year bar and unless you can get the children and you to go and live in her country your family will be separated for that long under the current laws. In case she goes back to her country, she must file for a 212 waiver but she needs to prove extreme hardship to her US citizen family and the separation alone is not a good reason.
Good luck!

[JDA]

Thank you for your replies, they have been helpful.

She is in jail now though, while we apply to repopen the case, she sits in jail. The only way to get her out is to send her back home and work on this from there. According to the Senators office, there are lots of people who do this and get it approved but it takes 6 to 9 months.

But if I fight, she sits in jail the whole time until the case is reopened. the lawyer wants $5000 for this. I dont have this kind of money to just throw away. That's why I wanted to know my chances on the case being reopened.

[Houston]

You need a good lawyer to work on your case. The proceedings will be reopened if there's evidence of defective service and the alien appears to be eligible for the form of relief sough.

One problem here is that the alien was arrested and given **** notice of proceedings. She could be charged with "having knowledge" of her obligations before the court, and that alone is a difficult factor very hard to overcome. Also, mandatory looks like a possibility given her circumstances, but there should be some forms of relief available.

But then there's the I-212 waiver. There's a conflict between INA and CFR when it comes to this provision. There's no clear precedent or even a circuit split when it comes to this, but there's lots of grounds for a good argument in light of Succar and the recent 9th circuit precedents.

You need to hire an attorney with experience, one that's up to date with the latest developments and opinions. Only then, you'll be able to obtain the legal advice you need. A message board is not the place to inquire about such delicate situations.

On a different note, it's your WIFE you're talking about. There's plenty legal offices that offer charity work. You do what you want, but while you debate your finances here with this board your wife sits in detention, day in and day out.

-THIS IS NOT LEGAL ADVICE-

[Prof.]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by JDA:
Thank you for your replies, they have been helpful.

She is in jail now though, while we apply to repopen the case, she sits in jail. The only way to get her out is to send her back home and work on this from there. According to the Senators office, there are lots of people who do this and get it approved but it takes 6 to 9 months.

But if I fight, she sits in jail the whole time until the case is reopened. the lawyer wants $5000 for this. I dont have this kind of money to just throw away. That's why I wanted to know my chances on the case being reopened. </div></BLOCKQUOTE>

JDA,

Your situation is very complex and require a very very good attorney who can do this effectively. Couple of obstacles for you and wife: previous arrest by USCIS and her release doesn't absolve her from deportation. If she claimed that she never received the letter from USCIS about her need to appear before an immigration judge, it is not going to fly with the judge. In most cases, the govt is given a free pass on such matters.

Secondly, you cannot condone the fact that she lied to IO recently during the interview. Under oath, this is egregious and unforgivable. She could have been forward about this and explain why she never showed up for the proceedings. For now, she is seen as having attempted to lie to USCIS in an attempt to procure an immigration benefit. A serious crime...

Lastly, once she is deported, it is the end of her being in the US. You can only see her in 2016 or 2017 after the 10 yrs ban expires. I've never known anyone to have came back to the US after being in the US for that long time. Unless this was a situation where she had a terminally ILL child, in which her deportation would cause undue stress or harm to her child, who is a US citizen. I will admit too, even this one will be a tough cookie to ram down the throat of aroused USCIS officers and ICE.

I am sorry that your wife is in jail, it seems as if her release will eminate from a lawyer's intervention. Go to USCIS website, under DO offices, chose your own office and see the organizations which offer various immigration services. Moreover, go there and explain your case to them. Yes.. a good lawyer can file a motion to reopen such a case on your behalf...

Good luck....

I stayed at the Hilton last night....

[macyuhoo]

This Someone12 has always been a J-E-R-K. Nothing good to say. What do you expect from someone who's a 12 years old kid? He must shut up or f-u-c-k up !

The case indeed is serious. But, to the person's favor is the two US citizen kids. An extreme hardship can be proven; so there's still some hope in this. Certainly, he needs a good immigration lawyer.

[Prof.]

JDA,

I will recommend this law firm in Los Angeles. www.rreeves.com

Please visit their website, and read the success stories. It seems as if they have dealt with cases similar to yours, so call them and see what they can do for. However, freedom comes at a hefty price...

So be prepared to pay huge sums... but I rather pay for the freedom of my love one, to an ttorney with proven results. It seems as if this law firm has proven results...

Good luck....

[macyuhoo]

Forget about Atty. Reeves. My pal had a sad experience with him personally. If you want the details of the story and incident, I'm more than willing to share it here.

[JDA]

Thank you all for your helpful replies.

I have not given up, but..as I said, my wife is in Jail. Even if I pay the hefty sums of money, there is not guarantee she will win the day.

I think my best bet is to just get her out of the country. Then, I can take the children there and come back and work on liquidating all of our assets.

Yes, I will be moving there with her. It's kind of like that old movie "War Games", where the computer at the end of the movie say's "The only way to win the game is..not to play"

It's the same thing with immigration and our situation. Why make an attorney rich? That money can go MUCH ****her in Central America.

I have a couple of other attorney's I'm attempting to talk too. And see what there take is.

I understand the posters comment about Freedom and it isn't free. But, being illegal/undocumented and looking over your shoulder is not freedom either, nor is fighting a system that really doesn't want you (immigration), so why fight them.

That is why I posted, what is the cost benefit ratio. End result, $10,000 later and still nothing. There was recently last Sunday a NY times article that talked about this very thing. The main character of the times story ended up leaving and going to Honduras after thousands being spent over years and still nothing.

I think I would rather just live with my family there. Beautiful country and the weather is nicer than here.

Update - Looks like I might have a new lawyer, this guy used to work at immigration..meet with him tonight. Wish me luck