Announcement

Collapse
No announcement yet.

Desperate for advise

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Desperate for advise

    Hi guys!
    Here's the facts:
    -Approved I-130 (2005)
    -Wife ordered removed (not arrested)
    -Appealed original deportation order (from
    1995). Denied
    -Appealed to BIA (denied)
    -Filed with 3rd circuit court
    -Received respondents opposition for stay of removal based on not having enough "Douglas factors"
    -Wife is not "Agravated felon" very good moral character
    -Wife has to leave 10 year old child behind if deported (from previous marriage)
    -Very likely child will have to go to foster care if wife deported since ex-husband has history of domestic violence
    -Ex-husband is the one that placed an order banning child from leaving state of New Jersey
    and some judge actually went for it even so he's got a history of domestic violence plus 12K owed in child support.
    -Do not have child with wife (3 miscarriages)
    Any advise will be greatly appreciated.
    Thanks

  • #2
    Hi guys!
    Here's the facts:
    -Approved I-130 (2005)
    -Wife ordered removed (not arrested)
    -Appealed original deportation order (from
    1995). Denied
    -Appealed to BIA (denied)
    -Filed with 3rd circuit court
    -Received respondents opposition for stay of removal based on not having enough "Douglas factors"
    -Wife is not "Agravated felon" very good moral character
    -Wife has to leave 10 year old child behind if deported (from previous marriage)
    -Very likely child will have to go to foster care if wife deported since ex-husband has history of domestic violence
    -Ex-husband is the one that placed an order banning child from leaving state of New Jersey
    and some judge actually went for it even so he's got a history of domestic violence plus 12K owed in child support.
    -Do not have child with wife (3 miscarriages)
    Any advise will be greatly appreciated.
    Thanks

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Artrus:
      Hi guys!
      Here's the facts:
      -Approved I-130 (2005)
      -Wife ordered removed (not arrested)
      -Appealed original deportation order (from
      1995). Denied
      -Appealed to BIA (denied)
      -Filed with 3rd circuit court
      -Received respondents opposition for stay of removal based on not having enough "Douglas factors"
      -Wife is not "Agravated felon" very good moral character
      -Wife has to leave 10 year old child behind if deported (from previous marriage)
      -Very likely child will have to go to foster care if wife deported since ex-husband has history of domestic violence
      -Ex-husband is the one that placed an order banning child from leaving state of New Jersey
      and some judge actually went for it even so he's got a history of domestic violence plus 12K owed in child support.
      -Do not have child with wife (3 miscarriages)
      Any advise will be greatly appreciated.
      Thanks </div></BLOCKQUOTE>

      Are you a US citizen?
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        Forgot that very important piece of info. Yes, I am a USC

        Comment


        • #5
          In the end, you will only have these two options:

          1) let her go
          2) move back to her home country

          Don't bother fighting for it. It'll just get denied again.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Artrus:
            Forgot that very important piece of info. Yes, I am a USC </div></BLOCKQUOTE>

            So she married you while in removal proceedings? What was the reason for deportation order?
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

            Comment


            • #7
              She applied for AOS while married to her abusive ex-husband, i-130 was approved but since she was deported in absentia back in 1995 she had to wait for a 212 waiver that finally came in 2000. All this time made her marriage more unbearable so they divorced in 2003 before the interview could take place at the consular office in Ecuador. I married her 2 years ago and applied for AOS, the interview came, the i-130 was approved but she was ordered to leave altough she was not detained. The 212 waiver that she holds is somewhat of a mistery to us since nobody is able to tell us if its valid or not (have called USCIS repeatedly and cannot get a straight answer). My congressman's office told us to go ahead and leave the country since the 212 waiver will allow her to come right back but at this point we are skeptical.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Artrus:
                She applied for AOS while married to her abusive ex-husband, i-130 was approved but since she was deported in absentia back in 1995 she had to wait for a 212 waiver that finally came in 2000. All this time made her marriage more unbearable so they divorced in 2003 before the interview could take place at the consular office in Ecuador. I married her 2 years ago and applied for AOS, the interview came, the i-130 was approved but she was ordered to leave altough she was not detained. The 212 waiver that she holds is somewhat of a mistery to us since nobody is able to tell us if its valid or not (have called USCIS repeatedly and cannot get a straight answer). My congressman's office told us to go ahead and leave the country since the 212 waiver will allow her to come right back but at this point we are skeptical. </div></BLOCKQUOTE>
                Sorry, but first advice would be to disregard the advice offered by the congressman's office.

                Something doesn't add up for me. She was here unlawfully in 1995, deported (for what reason you've not declared). She marries and her then US husband files an I130 petition, plus a 212 waiver for her to immigrate. OK, so far. But why the need to return to Ecuador for consular processing? If the I212 was approved, she'd enter the US on a visa as a CR-1 (possibly an 1R-1 if married over 2 years at that point). No need to return or leave again. Then there's the 3rd Circuit Court denial for the deportation to consider. It's not computing.....

                You need competent immigration counsel.
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                Comment


                • #9
                  Deported in 1995 in absentia for EWI. She waited for 3 years for the 212 waiver to come in. Once the 212 came in she was already separated from her then husband so no action was taken as far as scheduling interview with consular services for she needed to depart the country and come back once a visa was ready for her. While married, ex-husband refused to travel to South America to process AOS. Yes! something does not compute and every lawyer we've taken just puts us deeper in the mud.

                  Comment


                  • #10
                    you'll need a good lawyer to get this untangled.

                    Is your wife covered by 245(i)? I don't see anybody mentioning that.

                    About the approved waiver, I wouldn't count on it. It was approved because of the hardship your wife's ex-husband would suffer if she can't live in the US. He is not sponsoring her any more...The situation is very different now. So, I am sceptical too that the consulate will issue your wife an immigrant visa based on that approved waiver while you are the petitioner.

                    Comment


                    • #11
                      its a complicated case you need help of good attorney. My suggestion, alien should not leave because of the new decission on waiver 212 by the supreme court it may not be valid anymore.
                      there are certain options she have to adjustment.
                      Its a discussion, not a legal advise..

                      Comment


                      • #12
                        why was she ordered to be removed in the first place...

                        Thats the ONLY answer thats actually important.
                        Why was she ordered to leave this country the very first time in 1995?

                        U are making this whole thing complicated,by the way you list the "facts" all it matter is this.

                        How did she entere the US in the first place?
                        Did she commit a crime" felony???

                        bottom line is,the main reason why she was removed from this country...anything else is unimportant...

                        Comment


                        • #13
                          And why after she was ordered removed, she stayed anyway, a crime in and of itself?

                          Comment


                          • #14
                            Here is only advice you need: get away from this womnan. She is trouble. She says her ex husband was an abuser and you simply take her word for it. She is a criminal. End of story. You stay with her and you will pay a heavy price.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">She says her ex husband was an abuser and you simply take her word for it. </div></BLOCKQUOTE>

                              And SOM, you and I both know what that means.

                              Comment

                              Sorry, you are not authorized to view this page

                              Home Page

                              Immigration Daily

                              Archives

                              Processing times

                              Immigration forms

                              Discussion board

                              Resources

                              Blogs

                              Twitter feed

                              Immigrant Nation

                              Attorney2Attorney

                              CLE Workshops

                              Immigration books

                              Advertise on ILW

                              EB-5

                              移民日报

                              About ILW.COM

                              Connect to us

                              Questions/Comments

                              SUBSCRIBE

                              Immigration Daily



                              Working...
                              X