My Fiance is being held

[arizonafrog 0]

Hi all; My fiance who I have been involved with for 4 years is being deported for the 2nd time, its kinda hard he is from Mexico and he has been in the states since he was a baby, he came to the country leagly, here is something crazy his mom is us citizen because her father is a us born citizen and a world war II vet, I have seen some visa info on my fiance and aproval for that but I think when he was younger he was not a good kid and was put into the correctional system and slipped threw the cracks and was not dported but what INS is saying is he should of been, well about a year and ahalf ago he was deported because they could not find the paper work his partents had filed as a baby, but he was back home by the next day after being deported that time. now he was picked up for not having lights on his bike and they ran his info and found he was here again well now he is in a federal holding area. I dont know what to do. He doesnt know anyone or anything in his country, all hi family is here all of them are legal he has me here and his daughter. I dont know where to go from here. I dont want them to take him away and I dont want him to spend time in jail. HELP ME please!!!!! Is it posable to fix anything his parents didnt do or pick the ball up that his parents droped??? the last time he got deported he did it out of his own will and they didnt ban him from the country now who knows

[Cassie 8]

Get a lawyer. Quickly.

[Sylvia_n_Joseph 3]

There is another forum immigrate2us that deals with a lot of deeply troubled mexican to US immigration

issues where you should find a lot of help

There is another forum immigrate2us that deals with a lot of deeply troubled mexican to US immigration

issues where you should find a lot of help

[spookyturtle 9,466]

Contact Laurel Scott at visacentral.net or Heather Poole at humanrightsattorney.com You need immediate help before he gets deported again.

[SusieK 3]

where was he born? in mexico yes?

if he was in the USA legally, then did he have a social security card etc??

and yes that thread can help you alot -

Good luck

Edited September 29, 2008 by SusieK

[emt103c 10]

If his mom is a born US citizen, then it is quite possible he is a citizen as well and he cannot be deported legally. You do have to prove that he is a citizen.

http://travel.state.gov/law/info/info_609.html

Acquisition of U.S. Citizenship By a Child Born Abroad

Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301© of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

2) the father had the nationality of the United States at the time of the applicant's birth;

3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A) applicant is legitimated under the law of their residence or domicile,

B ) father acknowledges paternity of the person in writing under oath, or

C) the paternity of the applicant is established by adjudication court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309© INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

1997

American Citizens Services

It sounds like he was already deported and then reentered the country illegally? As in EWI'd back from Mexico after deportation??? If he is deported again or leaves the country without being able to prove he is a citizen he would be given what is called a 9C bar. He would not be eligible for an immigration waiver until he'd been out of the country for 10 years.

You guys need to consult the attornies listed and get this straightened out as quickly as possible. If the information you posted is correct, it sounds like he is a citizen and you just have to prove it. . .but you are correct that it is a complicated situation.

[TRELAWNY PARISH 10]

Hi all; My fiance who I have been involved with for 4 years is being deported for the 2nd time, its kinda hard he is from Mexico and he has been in the states since he was a baby, he came to the country leagly, here is something crazy his mom is us citizen because her father is a us born citizen and a world war II vet, I have seen some visa info on my fiance and aproval for that but I think when he was younger he was not a good kid and was put into the correctional system and slipped threw the cracks and was not dported but what INS is saying is he should of been, well about a year and ahalf ago he was deported because they could not find the paper work his partents had filed as a baby, but he was back home by the next day after being deported that time. now he was picked up for not having lights on his bike and they ran his info and found he was here again well now he is in a federal holding area. I dont know what to do. He doesnt know anyone or anything in his country, all hi family is here all of them are legal he has me here and his daughter. I dont know where to go from here. I dont want them to take him away and I dont want him to spend time in jail. HELP ME please!!!!! Is it posable to fix anything his parents didnt do or pick the ball up that his parents droped??? the last time he got deported he did it out of his own will and they didnt ban him from the country now who knows

He needs an "Immigration Attorney" -- no way around that. I'm not sure what state you're in, put they have attorneys/charaties who may offer their service either FREE or reduced (but that's extremely limited). You said he was deported the last time but at his own will, I think you meant he left voluntarily. Did he go through a immigration court when he left the last time?

[Beautiful_years 0]

So sorry hope you got an attorney? whats the situation now?

I wish you well?