Friend in deportation proceedings

[Langa 2]

Hello VJ Family,

I am writing to see what you guys think of this situation and also see if i can get any advise for my friend. My friend is married to a US Citizen and applied to adjust her status in early 2009 (i think). She was then called in for an interview in Decemember 2009. At the interview she admitted she worked illegally and admitted to using a fake Social Security number and she provided the SSN to the IO. The IO wrote all the information down on a form and asked my friend to sign it and so she did. She then received a letter a few weeks after the interview saying her application had been denied and she has 30 days to appeal. She was not able to appeal on time because of financial problems. After the 30 days she received another letter saying she was now in deportation and she has to go to court in August. Well, now she has been working on getting a lawyer to represent her. Since her case is in deportation, the lawyers are asking anything from US$8000-$12,000 upfront before the can take her case. My friend does do not have that kind of money and her husband is the only one working.

Now my question is, what are her chances of getting out of deportation status with a case like this? Does any one of you know or ever heard of case like this and can an immigration lawyer actually get her out of this situation? Is it worth her paying $12,000 if her chances are very slim or should she just go back home? She was told that there is a chance that when she goes to court she may be detained. Don't get me wrong i'm not losing hope here but it's been very hard for me to see how she can get out this after admitting to all this. I just don't want to see her spend so much money she does not have when the chances are next to nothing.

Sorry for the long email but I wanted to give you a little background of the case. I'm worried for her, she is so stressed out and she is pregnant too.

Thanks for your help in advance!

[canadian_wife 1,822]

In my opinion, she cannot do anything on her own. If she is in removal proceedings, a lawyer is necessary. If she does not have one, then her chances of remaining in the US are extremely slim

Contact Laurel Scott, she offers free chats on Wednesday where you can ask your question about her chances

scottimmigration.net

Good luck

[Otto 83]

Sounds like the cards are certainly stacked against her.

The choice seems pretty clear - get representation and take her chances or face what might likely be an absolute certainty. There may be organizations out there that can assist with legal fees (religious organizations come to mind) which might offer a glimmer of hope in a dark situation.

[Nartaki 7]

Hello VJ Family,

I am writing to see what you guys think of this situation and also see if i can get any advise for my friend. My friend is married to a US Citizen and applied to adjust her status in early 2009 (i think). She was then called in for an interview in Decemember 2009. At the interview she admitted she worked illegally and admitted to using a fake Social Security number and she provided the SSN to the IO. The IO wrote all the information down on a form and asked my friend to sign it and so she did. She then received a letter a few weeks after the interview saying her application had been denied and she has 30 days to appeal. She was not able to appeal on time because of financial problems. After the 30 days she received another letter saying she was now in deportation and she has to go to court in August. Well, now she has been working on getting a lawyer to represent her. Since her case is in deportation, the lawyers are asking anything from US$8000-$12,000 upfront before the can take her case. My friend does do not have that kind of money and her husband is the only one working.

Now my question is, what are her chances of getting out of deportation status with a case like this? Does any one of you know or ever heard of case like this and can an immigration lawyer actually get her out of this situation? Is it worth her paying $12,000 if her chances are very slim or should she just go back home? She was told that there is a chance that when she goes to court she may be detained. Don't get me wrong i'm not losing hope here but it's been very hard for me to see how she can get out this after admitting to all this. I just don't want to see her spend so much money she does not have when the chances are next to nothing.

Sorry for the long email but I wanted to give you a little background of the case. I'm worried for her, she is so stressed out and she is pregnant too.

Thanks for your help in advance!

Well it is a crime to use an unauthorized social security number, a felony to begin with, ie that is tantamount to identity theft. Usually unauthorized employment is excused when married to a US citizen, however felonies are not excused.

If she cannot afford a lawyer she can get one of those "community based organizations" who might work pro bone in your case.

I am really sorry, but this is a huge legal problem. However, I do wish you and your friend best of luck.

[sachinky 465]

What visa did she enter on? What was the reason given for denial of the AOS?

Given the circumstances, there's nothing she can do on her own. She needs to retain legal counsel.

However, the odds are certainly stacked against her and I don't see it coming out well for her.

Edited April 25, 2010 by sachinky

[Minya's wife 25]

If your friend wants to have a chance at remaining in the US, and not getting deported "with prejudice" she would do well to not consider money a factor in hiring legal representation at this point. She committed two illegal acts, admitted to it and then signed what was essentially a confession. She needs competent legal representation. As suggested above, try religious organizations...Catholic charities comes to mind, but I think her case is a tad more complicated and it requires experienced legal help that I"m not sure would be available on a pro-bono basis.

Why would your friend admit to using a fake SS number, and more importantly, why did she sign anything put in front of her? I'm assuming she went to the interview with her husband, since she was adjusting status based on marriage? Why did he allow her to sign? It sounds like neither your friend, nor her husband are familiar with the basics of crime and confession....do not sign anything put in front of you unless you understand what you're signing.

I would get a lawyer experienced in removal proceedings/deportations ASAP....try to see if they accept payments, or borrow the money for this.

[Greenparot 1]

Considering a U.S. citizen would be looking at serious jail-time for using a fake SSN; I highly doubt even with a lawyer your friend will win her case.

Good luck, hope it works out. But, realistically in that situation I would start preparing for life outside the U.S. permanently.

[NigeriaorBust 4,087]

Hiring a good lawyer is about the only option at this point. She has given Immigration a signed confession and is probably looking at a ban. Knowing breaking laws is not something immigration takes lightly. Immigrate2us has some great lawyers, although they are mostly dealing with unlawful presence. You friend is going to need a lot of luck to stay here.

[justashooter 430]

your friend needs to accept the consequences of her illegal activities and start packing. she should depart voluntarily, surrender her GC to appropriate authorities on departure, and notify the immigration court her hearing is scheduled in of time/place/POE of her departure, after making sure it is recorded by the authorities there.

too many people come to USA and violate it's laws and then say "but i didn't know". those of us here legally are tired of hearing the excuses.

[Justine+David 218]

Ignorance of the law is no excuse in these United States...hope this will be a lesson to anyone out in cyber land reading it...

to the OP, hopefully her spouse can go live with her in her native country...hope they find happiness there.

Edited April 25, 2010 by Justine+David

[Myopia 93]

It is a shame that your friend didnt appeal her case because all she did was make things harder on herself.

Here is one link that may be helpful for you. It is possible to fight deportation even with using a fake social security number if she can prove that she didn't know that it belonged to someone else. In light of the fact that she had issue with getting the money for the initial appeal..I would advise your friend to read up and study on case histories, legal rulings, procedures etc so that she at least has a shot at her case being presented in the best manner to the Immigration Judge.

Her being pregnant may not help at all especially if she fell pregnant after the decision was made. It would look a little too convenient.

She really needs to be proactive.

What was the reason that she was denied in the letter?

If she was able to appeal then there must have been an appealable reason for her denial.

I never used a social security number in all my time here as an overstayer. I never claimed to be a citizen and I never claimed any financial benefits for my American Children(Although I was berated many times for not putting my children first and not claiming the financial assistance). I always knew that these things could end up biting me on my you know what when it came time to adjust my status. Im sorry that your friend didn't realize that.

All the best

Working with Fake SSN

[belinda63 3,038]

So pretty much she was here either illegally or overstayed, worked illegally with a fake ssn, married, was denied AOS, didn't bother to either appeal or do a voluntary departure and NOW wants to fight to stay in the country?

What did she really think was going to happen when she failed to appeal the case? Did she think the US would let her continue to remain her illegally? A voluntary departure would have been a much, much better choice.

But this is all water under the bridge, hope for the best but plan for the worst.

[mrs. wife! 3]

So guys... I'm confused.

Is she being deported because she used somebody's else SSN or because she disclosed she worked without authorization?

Also, you guys are saying that she shouldn't have signed the paper. What should she have done then? Say she wanted a lawyer and refuse to sign it?

It never happened to me, I'm just interested to know.

Thanks.

[Brother Hesekiel 2,236]

Somebody for whom Adjustment of Status is filed (in this case by her US citizen husband), is forgiven any overstay and any illegal work. What is not forgiven is a crime, in this case identity theft.

Your friend made not one, but several mistakes.

1) She worked on somebody else's SSN. That's identity theft, and if the person whose number she used, is a US citizen, she is perhaps even guilty of misrepresentation as a USC, a non-waiverable offense, deportable with a ban for life without the chance of a waiver.

2) She did not take the whole immigration issue seriously. Had she consulted an attorney before filing for AOS, she would not have made the mistake in disclosing having used somebody else's SSN. Her attorney would have prevented her from shooting herself in the head. Heck, had she asked us here, we would have helped her out.

3) She did not appeal. I second what was said before: what was she thinking? That the whole thing would just be dropped? Again, she was not taking the Immigration issue seriously.

At this point, she will need a qualified attorney. No need to chill out ten grand for one. What's needed is a consultation at $350 an hour about the chances and the strategy used at the deportation hearing.

I recommend to contact Laurel Scott. That's $350 well spent.

At this point, only a pro will be able to assess her chances.

[Langa 2]

To everyone who has responded to my post, I really appreciate all your input/advice/concerns.

Honestly I am not sure what my friend was thinking and what the outcome is going to be. Her reason for not appealing on time was that she was trying to put some money together for an attorney to represent her but ran out of time. I think the attorney wanted like $4000 0r $5,000 upfront in order to appeal the case.

Honestly I fear the worst but I have to stay optimistic. She has found a really good immigration attorney and has said she can be successful in the case. I am worried but as my friend I don't want her to give up. The odds are really against her, I see it, but just have to keep hoping for the best!!