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  • What can be done?

    My Bff husband came to the US from DR illegally at 17 yo he was caught on the beach coming onto the country he was told by the judge to go to school and given another court date. He spoke no english and was told by other illegals not to go back cause they would deport him. He never went back to court. Now 10 yrs later he is married to us citizen never been in trouble and has 2 children who are citizens. He belives he has a deportation what can he do to get the deportation lifted??? He has been told to go back and reapply to come back legally in 5 yrs as I stated before he is married with 2 5children his wife is disabled and depends on him tremendously. He is afraid to apply for the I-130 because he belives they will come and get him. What should he do?

  • #2
    Originally posted by Concernedfriend View Post
    My Bff husband came to the US from DR illegally at 17 yo he was caught on the beach coming onto the country he was told by the judge to go to school and given another court date. He spoke no english and was told by other illegals not to go back cause they would deport him. He never went back to court. Now 10 yrs later he is married to us citizen never been in trouble and has 2 children who are citizens. He belives he has a deportation what can he do to get the deportation lifted??? He has been told to go back and reapply to come back legally in 5 yrs as I stated before he is married with 2 5children his wife is disabled and depends on him tremendously. He is afraid to apply for the I-130 because he belives they will come and get him. What should he do?
    Unfortunately, there is nothing that he can do at thist time. Your husband's friend has two choices: voluntary or involuntary deportation. Once he is deported, your husband's friend will have a bar of 10 years. If the Dream Act becomes a reality, he will not be eligible since he came when he was 17 years old.

    Your husban's friend got very bad advice from other people and he should have gone back. AT that time, at least he had a chance to remain. Now, he has no chance. I am sorry for the bad news, but it is what it is.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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    • #3
      Originally posted by Concernedfriend View Post
      My Bff husband came to the US from DR illegally at 17 yo he was caught on the beach coming onto the country he was told by the judge to go to school and given another court date. He spoke no english and was told by other illegals not to go back cause they would deport him. He never went back to court.
      That means he was most likely ordered deported in absence.
      He attended the court, he must have received charges, and judge/court must have given him a warning of consequences of not obeying judges order.
      Which means he has no grounds to file motion to reopen and judges order is final.
      It's a mistake that makes ICE very happy. They love people who do stupid things that make their job very easy, to prosecute and remove (otherwise ICE employees would be jobless and would have to look for other places to work).

      Now 10 yrs later he is married to us citizen never been in trouble and has 2 children who are citizens. He belives he has a deportation what can he do to get the deportation lifted??? He has been told to go back and reapply to come back legally in 5 yrs as I stated before he is married with 2 5children his wife is disabled and depends on him tremendously. He is afraid to apply for the I-130 because he belives they will come and get him. What should he do?
      Many obstacles are there.
      First, if there is a final order of removal and he was properly forewarned of consequences then he has no grounds to file Motion to Reopen,the Judges order stays final. So, he must abide by it.

      Second, separate from above , a 10 year bar of admission under 212(a)(9)(B)(i)(II) will apply if he stayed in the country more than a year (waiver I-601 exists , you can look it up on immigrate2us.net).

      Third, even if #1 weren't there, he would still most likely have to depart and apply from abroad because "he was caught on the beach coming onto the country ", which I understand as Entered Without Inspection, unless a petition under section 245(i) was filed for him and was pending before April 30th 2001.

      He can do FOIA and get his immigration records from USCIS before filing anything.
      [IMG:left]http://1.bp.blogspot.com/_71xng3bfgYI/TTr2VioHvHI/AAAAAAAAAF8/S3D_j5sPwTo/s1600/62846660_Dali.jpg[/IMG] [i]When Andre Breton discovered for himself my paintings, he was clearly shocked by excremental details polluting it. I was surprised.

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