DEPORTATION

My husband has been in removal proceedings for the past few weeks. The reason for the proceedings were for illegal possession of a weapon in a motor vehicle and over staying his welcome in the US which would not have been a problem if he never got into trouble. He served one year. My husband came into this country legally on a I-94 visa which he's been doing for the last past seven years. Last year we decided to get married. His visa expired three weeks after we married. The problem is we never had the chance to start his paper work for immigration. While serving time I filed a I-130 with a receipt date of 02/2001 which hasn't been approved yet. Well, today he was granted volunteer departure w/safeguard meaning he will have to stay detained until departure. I was told he could not come back until he has permanent residency and he also needs a waiver. His Lawyer said he should be able to come back within two years and the waiver shouldn't pose a problem. I was told a different story. I was told hell will freeze over before he gets that waiver. Your advice please! Thank You

My husband has been in removal proceedings for the past few weeks. The reason for the proceedings were for illegal possession of a weapon in a motor vehicle and over staying his welcome in the US which would not have been a problem if he never got into trouble. He served one year. My husband came into this country legally on a I-94 visa which he's been doing for the last past seven years. Last year we decided to get married. His visa expired three weeks after we married. The problem is we never had the chance to start his paper work for immigration. While serving time I filed a I-130 with a receipt date of 02/2001 which hasn't been approved yet. Well, today he was granted volunteer departure w/safeguard meaning he will have to stay detained until departure. I was told he could not come back until he has permanent residency and he also needs a waiver. His Lawyer said he should be able to come back within two years and the waiver shouldn't pose a problem. I was told a different story. I was told hell will freeze over before he gets that waiver. Your advice please! Thank You

Tell him to dress warmly so when hell freezes over he will be ready.

Unfortunately, it is a very complicated situation and you can't really be sure about the outcome as a lot depends on the person that looks your case over and their mood at the time. There are provsions for waivers, therefore they technically are possible even if they are difficult, but even that depends on the type of waiver (212 or 601?) I think 212 is easier. Anyway, don't give up hope. If you don't completely trust the lawyer, check with another. Get the best lawyer you can and GOOD LUCK!!!!

Here we have another one of those silly little American laws ILLEGAL POSSESSION OF A WEAPON. I mean, geez! Why don't we pass out weapons to all illegal aliens as they sneak across the border!! No biggie!!

Yes WOW, I agree. My goodness, what is this country thinking? I cannot believe that the authorities actually deported someone for mere possession of illegal weapons. Why, I bet that Mark Furman or the INS planted those weapons just to have a reason to deport this person. The nerve of those authorities. How dare they follow the law!
Oh, I'm sorry, I thought I was on another planet, one where the rules were backwards from those of the United States. What was I thinking? Of course, it must be all the fault of INS and the US for making all of those pesky rules about filing papers, avoiding crimes, etc. Maybe Stress and her husband were so busy buying and then hiding illegal weapons in the car they just lost track of time and couldn't make it down to the local INS office. What a shame. (it is a certainty they could not have passed through the metal detectors successfully!!!!!)
I know,let's all chip in for an air conditioner- after all, it may be a while before hell freezes over.

Maybe I should have explain myself fully about my husbands situation. My husband became friends with my next door neighbor who is handicap paralyze from the neck down. My husband will go next door to help him when his nurse was not available. He would sometime ask my husband to do other little favors like taking him to the store, walks around the complex whatever. If he asked my husband anything he did it. One day my neighbor brother came to visit he thanked my husband for all what he has done for his brother and to show his gratitude he invited him out for a beer. While on there way for this beer they were stop by the police. The reason police stated that they stopped the car... was for the two bolts that held up the licence plate did not match (I tell no lie). This gave them the right to search the car. With the search police discover three guns two under the driver side and one under the passenger side where my husband was sitting. They were both arrested the driver charged with possession firearms without a permit and my husband charged with conspiracy to possession of firearms( later down graded to illegal possession of a weapon in a motor vehicle). My husband plea to one year neighbors brother plea to eighteen months. Neighbors brother did six months and was out on probation because he's a USC. My husband had to do the whole entire year because of the immigration detained. Was my husband stupid for getting in a car with someone he didn't know..Yes but did he deserved what he got.. NO. So say what you want...by helping this neighbor and coming to know his brother landed him in jail for a year, deported, and taken away from me... all this for being nice. God bless you all for your comments even the nasty ones!

Oh my Gosh.. that is truly terrible. I am soo sorry to hear that. It is a perfect example of how screwed up our immigration system really is.

I really hope things go a lot better for you... you really don' deserve this at all!!!!

Let us know some of the details of your case and maybe someone can help... otherwise at least read mohan's entry about hardship waviers. It has some very good information in it.

Good luck to you!!

I understand your situation, because I was arrested for having my spouse's registered gun unlawfully (not in a glove box, not in a holster, but under the passenger seat) in the car. Adjudication (for open carrying) was withheld, but still it remained a deportable offense (any firearm infraction, violations, crime and subsequently conviction is).

My overall experience with the justice system as well as with INS has been though that it was fair. I have some difficulty believing that they'd made your husband sit in jail for a year if they didn't have some kind of evidence that he was lieng or committing something at any point. Besides you say that he was a person out of status. So that complicates things even further. I'm an LPR for 10+ yrs. and I'm telling you that "minor" thing is haunting me and I didn't even sit one day in jail...