Opinions or Outlooks

[angelo1990 0]

Ok well. As of now my mother and me are in deportation removal procedures. We have an individual interview in November and as far as we know, this is the final decision the judge will make.. Let me rewind a couple of years to bring you up to date. My mom came with me when i was about a year and a half old on a visa and we overstayed. I am now 20 years old. On a trip to Niagara Falls in about 2005 or so we were detained by CBP and we have been in court ever since. We tried several lawyers that never really don't do anything. We have tried to apply for the 10 year, but we are not applicable because we did not have some formed signed in the early 2000s to be eligible. My father is a resident of the USA, and my little brother is a natural born citizen. Is there any hope in this case you guys think? Wouldn't we be considered low priority cases before Obama's current immigration policy? We are getting medical reasons and witnesses to prove extreme hardships on out family if it was separated, our case has taken its toll on our family, we are never at ease, because of the uncertainty we face. Has anyone had any similar experiences or know of any similar case?

Thanks everyone for listening

[Tim/Mav 305]

The outlook looks pretty slim.

It appears your were aware of illegal presence?

If Immigration Attorneys are not going to help. That looks Bleak. A hardship would not matter if you knew your were breaking the Law.

It appears the Father took care of the family for years and was never detected until one day. (In 2005, you would be about 13 years old)

There is something missing from your post. ICE/CBP would have you detained but that is not the case.

What is Missing. ?

http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_06-04_Nov05.pdf

Edited March 9, 2012 by Tim/Mav

[angelo1990 0]

they detained us for a couple of hours up in buffalo. and during that whole time what they were doing was setting up the immigration court dates, for they said that they were going to give us a chance to prove that we should not be removed from the country then and there.

so not even with the current situation where 400,000 or so deportations are being reviewed and being dropped for not having a criminal record, there wouldn't be a chance for us?

[canadian_wife 1,822]

Sounds like a cancellation of removal

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-6337.html

(1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-

(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;

(B) has been a person of good moral character during such period;

© has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and

(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Note the bar for hardship has been raised from 'extreme hardship' to 'exceptional and extremely unusual". I guess it matters what hardship your father plans on submitting. Do NOT go at this alone

Good luck