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  • Orders of Deportation/Removal

    Doesn't ICE or the gov't have to provide me with my husband's order of deportation if he was sent back to his home country for overstay?

    I keep requesting one from the Field Director in San Antonio and have yet to receive an answer or any paperwork relating to my husband's detention and subsequent removal. help...

  • #2
    If your husband had a removal hearing then he should have an order of removal. However, if your husband came in from a visa waiver country, most of Western Europe, Japan, etc., he is not entitled to a removal hearing, he has waived that right under the visa waiver program. Once he overstayed he was immediately subject to removal without a hearing. The only thing he was supposed to have is a so called credible fear interview to see if he will be persecuted or tortured upon removal. If he expressed no fear, or they didn't believe he had a fear of persecution or likelihood of torture then he is simply put on a plane back to his country.
    Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

    Comment


    • #3
      with no order?

      Originally posted by senowen:
      If your husband had a removal hearing then he should have an order of removal. However, if your husband came in from a visa waiver country, most of Western Europe, Japan, etc., he is not entitled to a removal hearing, he has waived that right under the visa waiver program. Once he overstayed he was immediately subject to removal without a hearing. The only thing he was supposed to have is a so called credible fear interview to see if he will be persecuted or tortured upon removal. If he expressed no fear, or they didn't believe he had a fear of persecution or likelihood of torture then he is simply put on a plane back to his country.

      Comment


      • #4
        There is no order. Sounds weird, but that's the way it is. Sorry.
        Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

        Comment


        • #5
          thanks a bunch. i have gotten more help from you guys in the last month than any other place!! maybe i can actually sleep tonight.

          so, i guess with no order, i don't need the I-212 form, just the I-601 waiver for the overstay. we will have him do consuar processing (I-130 is in process since a month ago).

          Originally posted by senowen:
          There is no order. Sounds weird, but that's the way it is. Sorry.

          Comment


          • #6
            Not so fast. There is no "removal order" but he is considered to have been removed from the U.S. I'm not even sure he is immediately eligible to apply for readmission. You should contact a competent attorney.
            Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

            Comment


            • #7
              good riddance....and who gives a $hit about some deportee??? No one is deported because they had an overdue video....no, one is deported because one violated or thumbed their noses at our laws....and thus, who needs them back in our country, ready to rob banks, steal cars, scam welfare bennies or steal jobs or identity? Answer: only morons with IQs in the low 80s...anyone with more than a half a brain would wave good bye to these law breaking scam artists....bye bye

              Comment


              • #8
                And, the reason for over stay was?

                Comment


                • #9
                  If the person is removed after a hearing, a copy of the order of removal must be provided to the alien.

                  This is not legal advice, it's only a reading of the regulations. You may want to check with a good immigration attorney.

                  -THIS IS NOT LEGAL ADVICE-

                  Comment


                  • #10
                    Shame on you for trying to kick me while I'm down. My family has been torn apart by this. I would strongly suggest to you to write to you legislative representatives and try to change our country's laws through the proper channels, not through this forum. I came here to find help, not your harsh words. I am trying to do everything by the book, that's why I'm here.

                    So, unless you are a Native American who actually deserves to be here, do not add your meaningless comments.

                    Originally posted by Someone12:
                    good riddance....and who gives a $hit about some deportee??? No one is deported because they had an overdue video....no, one is deported because one violated or thumbed their noses at our laws....and thus, who needs them back in our country, ready to rob banks, steal cars, scam welfare bennies or steal jobs or identity? Answer: only morons with IQs in the low 80s...anyone with more than a half a brain would wave good bye to these law breaking scam artists....bye bye

                    Comment


                    • #11
                      thanks. there was no hearing. he waived it through the visa waiver program.

                      Originally posted by Houston:
                      If the person is removed after a hearing, a copy of the order of removal must be provided to the alien.

                      This is not legal advice, it's only a reading of the regulations. You may want to check with a good immigration attorney.

                      -THIS IS NOT LEGAL ADVICE-

                      Comment


                      • #12
                        i know this is going to sound tough, but u have to put every thing in order and deal with one thing at a time. U cant get him over here until he has sorted out the problem in France. Going to a lawyer today is a waste of time and money. No good starting a fight with with immigration before he is able to move over here. If immigration said yes today he wont be over because he is still in jail in France.

                        I remember hearing the name walsh or something about child protection, maybe someone on here knows what i am talking about, and can give u the correct name. Then read up on it and u have some idea how severe they treat cases like this.

                        Lets get the man out of jail first. If he is unable to take his daughter out of France, which is probably what is going to happen because they wouldnt go thru all the trouble of getting her back if they were going to give her to him again, will he want to leave or stay in france? Its something ur going to have to confront too.

                        If she is unhappy with her mom, ur going to have to build a strong case to get her back, he is in jail, so its up to u. Documentation, lots and lots and lots of documention. Its going to be a long fight. If he loses this case then he is going to have a criminal record, which is going to make it a lot more difficult to get here, but that is then the time to consult an immigration lawyer when he can actually move here. Obviously money is going to be tight now he is gone so dont do anything that can possibly hinder u in the future.

                        Comment


                        • #13
                          Answer: i guess no one gave you right answer..

                          IF your husbad is deported, he already have Removal notice.. .( if he went to proceedings in front of the judge then judge gave him a letter .. that is removal letter.. In case if he was granted Voluntary departure and he didnot leave within time, that VD order will be stipulated with Removal order. he become fugitive after that date., any time he will be picked up byDHS and be deported.. no letter will be issued.
                          IF he got detained and never went into proceedings then.. he will be issued NTA while detained.. ON that NTA he will have choice to fight for his case... He will have achance to get hearing and then if got deported Judge will issue him removal.OR
                          If he sign up his removal he will be removed ASAP when his travel arrangement is made.. He will have letter by then.
                          Its a discussion, not a legal advise..

                          Comment


                          • #14
                            [QUOTE]Originally posted by sombodyknow:
                            Shame on you for trying to kick me while I'm down. My family has been torn apart by this. I would strongly suggest to you to write to you legislative representatives and try to change our country's laws through the proper channels, not through this forum. I came here to find help, not your harsh words. I am trying to do everything by the book, that's why I'm here.

                            So, unless you are a Native American who actually deserves to be here, do not add your meaningless comments.


                            Shame on us? You're doing things by the book? If your husband did things by the book, you wouldn't be in this situation. Don't blame people for being harsh on you, some of us do not support illegals.

                            Comment


                            • #15
                              Mohan - you are actually correct and incorrect. You are correct in that there is a kind of removal notice that should have been issued. somebodyknow, your husband should have been issued both a "Notice and Order of Expedited Removal" form I-860, and a "Notice to Alien Ordered Removed/Departure Verification" form I-296. I just found out that these forms are given Visa Waiver violators when caught.

                              But, Mohan you are also incorrect when you said that an NTA would be issued in this sort of case or that removal could be fought in this sort of case. If someone comes in on the Visa Waiver Program you are absolutely not given a NTA and are not allowed to challenge your removability from the U.S. You are only given a hearing if you pass a credible fear interview. That hearing is only to adjudicate the asylum application and you cannot challenge removal in that hearing, which is why those hearings are called "asylum only" hearings.
                              Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

                              Comment

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