HOW WE ENDED UP IN DEPORTATION PROCEEDINGS

[Mr. Big Dog 10,747]

Our situation you cannot adjust his status while he is in US. Also once he lives US he has to remain outside US for 10 years.

There are not that many situations where one cannot adjust status while in the US if married to a USC. The three most prominent exceptions from a visa (or lack thereof) point of view that would come to mind are those that are EWI's, those that enter on a non-immigrant visa with clear intent to immigrate and, of course, your crewmember visa holders who are also barred from adjusting status. I don't see any of those applying to your spouse from what you posted here. So, what's so special about your situation that you cannot do what thousands of others are and have been doing?

[rebeccajo 14]

I mean absolutely no disrespect, because I know everyone is very well-meaning, but the details being asked of Nancy's case don't really mean squat at this point. Once you are deported, you're deported......

Melissa, I know you've been down this road so I don't mean to butt in where I've got no experience but I think that's incorrect. I think a judge can delay a removal under certain conditions.

I can only wonder if Nancy spent some time today with competent counsel, and didn't just sit on the web looking for a solution....

[ceriserose 1]

I mean absolutely no disrespect, because I know everyone is very well-meaning, but the details being asked of Nancy's case don't really mean squat at this point. Once you are deported, you're deported. Like Nancy said, there's no fixing it now. The way I see it, it doesn't matter what happened in the past-what's done is done, and her only possible course of action for the future is to file the I-130, and file the I-212 and I-601 Waivers at his interview. I mentioned this already but she kind of overlooked it...I guess that's what I get for trying to be helpful instead of controversial...

I don't know much about deportation, but thought that until he's been delivered out of the country there are still some things she can do.

This was her comment from page 6 of this thread:

With regard to the "HIT AND RUN POST"... i have been a little busy with my situation given the Homeland Security Team wouldn't tell me where my husband was for 3 days. They have him in custody in Lumpkin Georgia 10 hours drive time from our home. Didn't have a laptop to check in on what you folks might reply prior to this. I am not drumming up sympathy... perhaps someone can learn something from this. As one of you pointed out NOT EVERYONE IS FOCUSED ON IMMIGRATION PAPERWORK while they are in the middle of a courtships.

And as Rebeccajo has said a few times there may be a judge's order to assist.

As for the rest of it, with all the mud-slinging that's started and acknowledging that the OP is probably pretty overwhelmed, getting some concrete comment on the gaps in the tale might help for those on this forum that might be able to help. In any case, she's been given some advice and has been asked to clarify further so people can attempt to help. Until she does, there's not even an iota of anything anyone here can try to do. Hopefully she's seeking legal assistance.

[Traviesa 0]

I mean absolutely no disrespect, because I know everyone is very well-meaning, but the details being asked of Nancy's case don't really mean squat at this point. Once you are deported, you're deported......

Melissa, I know you've been down this road so I don't mean to butt in where I've got no experience but I think that's incorrect. I think a judge can delay a removal under certain conditions.

I can only wonder if Nancy spent some time today with competent counsel, and didn't just sit on the web looking for a solution....

Oh sorry-I'm really confused by all this...I first thought he was awaiting his deportation hearing, then I thought he had already been deported (when I posted that) and now I don't know!! If he hasn't been deported yet, and the hearing is coming up, the best thing he can do at this point would be to request VD. As far as I know (and this is based on what all I got from Javier) a deportation hearing is not so much an interactive hearing, as a chance for a judge to officially tell you why you're being deported and how long your ban is...so I don't think there's a whole lot of opportunity for "fighting it" at that point, but I could be wrong...anyway, the only way a judge would determine to suspend a removal might be for a petition that's already pending (like an I-130). Since they don't have that, they have no grounds to request that.

[kitkat1 5]

I mean absolutely no disrespect, because I know everyone is very well-meaning, but the details being asked of Nancy's case don't really mean squat at this point. Once you are deported, you're deported. Like Nancy said, there's no fixing it now. The way I see it, it doesn't matter what happened in the past-what's done is done, and her only possible course of action for the future is to file the I-130, and file the I-212 and I-601 Waivers at his interview. I mentioned this already but she kind of overlooked it...I guess that's what I get for trying to be helpful instead of controversial...

Heina, as helpful as your advice is, it *appears* that he is still in the US (I can't be sure because I can't find the facts between the OP's insulting and nasty comments).

Our situation you cannot adjust his status while he is in US. Also once he lives US he has to remain outside US for 10 years. I am not crying, or looking for sympathy. There is a large number of people in our situation and not every marriage is easy to adjust or wrapped up in a neat little bow.

Again, you COULD HAVE adjusted his status easily prior to deportation - much easier than in many other situations such as the if the spouse had originally entered without inspection. If he has already left the US, you *should* be able to follow Heina's advice and file the appropriate waivers as many many others have successfully done.

As rebeccajo has tried to point out to you, if you want to get anything out of this discussion that might be of some use to you, I'd suggest you ratchet down your attitude a notch or two. There are a lot of extremely knowledgable people here who might be willing and able to assist you, like Heina, if you are able to stop insulting people. Or perhaps a much smarter path already suggested is to consult a qualified immigration attorney - perhaps we could even guide you to one . . .

[Mr. Big Dog 10,747]

Did your husband enter the US on an H1B? A tourist visa? Did he have some sort of other visa with which he entered the US? How long was the visa for? If on an H1B visa, was his employment terminated in some way, as mentioned in another post? Was there a previous removal order that was ignored?

Was he here on an H1B, terminated the employment, went home and came back on same (though now invalid H1B) making his last entry invalid? Hell, a quick trip to Canada on a terminated H1B or a trip to Canada during the Adjustment of Status process w/o Advance Parole could do this.

Of course, once the details come to light, the OP probably won't have much reason to blame the cruel USCIS...

[Savanphil 3]

This is a mess

[nancyk 0]

Rather than reply to the posts that only continue the emotionally-charged aspect, can you address the inquiry from those that are requesting more detail into your husband's situation. There may be solutions that can be offered if more details are known surrounding your predicament.

Did your husband enter the US on an H1B? A tourist visa? Did he have some sort of other visa with which he entered the US? How long was the visa for? If on an H1B visa, was his employment terminated in some way, as mentioned in another post? Was there a previous removal order that was ignored?

If you can outline the situation there are some very knowledgable on this board that might actually give you some assistance. You came to this board for a reason....let those that are willing to help, help.

Thanks for a voice of reason.

Yes he originally came on an H1b and was injured in his tryouts. A friend of the team who was obviously not an attorney filled out some VISA extension request on his behalf. At this time he did not read or speak English and did not understand the documents he was signing. There was a discrepancy of his VISA time on his passport and the I94. He quickly got a different team than originally invited him to pick him up. Unfortunately the person who filed his paperwork sent in a tourist VISA request. Compounding it, it was sent without his signature and the appropriate fee etc. As you know quite a bit of time expires waiting on paperwork going back and forth. This is how he accumulated a year of bad time and is now subject to the 10 year bar.

Of course he moved from one team to the next. The team tried to repair the damage but smaller teams have little money to spend on this type of thing. A third team picked him up and the family who "sponsored" him at the Fayetteville Force actually "helped" him file Assylum paperwork. At the point we met he was waiting for his "Assylum" hearing. I quickly obtained competent counsel and of course since it was the wrong benefit application the attorney correctly advised requesting Voluntary Departure. Neither one of us anticipated a romance it just happened as a consequence of us spending an inordinate amount of time together due to his circumstances and my job change. We probably would have saved ourselves much heartache if we hadn't fallen for each other. But..we did. And when the time came for him to leave we decided to roll the dice and hope for an extension of the Life Act. 9/11 you know the rest.

At this point we can finally file the I130 which would brought the ICE folks to our door sooner. Then although I don't anticipate a problem with the I130 since we have been married almost 6 years the waiver will be required because of his bar to re-entry.

I understand this is a tough one and that unless you are in a wheel-chair or have an infant child its nearly impossible to get this.

Thanks

[payxibka 10,047]

If you would have come forward with this information earlier or as a supplement to your original posting instead of leaving us blind we would not be wading through 10 pages of low level flames.

[Mr. Big Dog 10,747]

H1B, B2, Asylum, I-130. Not to pass any judgement here but can you truly blame whoever worked on this case at the USCIS not to see a guy that's desperate to find a way, any way, to live in the US?

[Traviesa 0]

Nancy, if you think being in a wheelchair or having an infant child will get your waiver approved, then it's clear that you need to do a lot more research on that. Of all the potential hardships I can think of and have heard of, neither of those are really all that common in hardship letters, and I don't think either one of them will get a waiver approved. That's not to say it's impossible to get one. I consider myself lucky to not be in a wheelchair, and I also don't have an infant child, yet even so, I'm confident my waiver would be approved. You'd be surprised what hardships you have. When you get into this territory, it's always best to use an attorney, as they can help you sort through all that.

[diadromous mermaid 36]

H1B, B2, Asylum, I-130. Not to pass any judgement here but can you truly blame whoever worked on this case at the USCIS not to see a guy that's desperate to find a way, any way, to live in the US?

As I surmised, this is a case of the alien coming in on an H1B, failing to maintain status with the initial employer, falling out of status as a consequence, trying to recover status through a B1/B2 and ultimately appearing on USCIS' radar screen, and then, tragically perhaps, being encrouaged or choosing not to follow through on VD. Naturally, it would be nice to think that a simple 212 waiver could correct the mess, but I'd want to know with certainty that the failure to comply with VD as opposed to permitting deportation itself will not further complicate things.

Reinhard, in all due respect, the alien has a dilemma, and while you'd like to cast some sort of pallor on any attempt made to recover from a situation of either poor judgment and improper assistance, it could be said anyone facing such a situation would be well within his reason and right to try to avoid being ejected from the USA.

Nancyk, I hope you have engaged competent counsel. If you have any doubts as to whether your attorney is properly equipped to represent you, a second consultation is also advised.

[pj1959us 0]

Nancy,

It sounds as if there have been several applications submitted. I know you have a lot on your plate right now, but what is the timeline for the various submissions and status of each? There was an H1B, tourist, and asylum that I can see. When was the voluntary departure requested...and was this when your attorney advised your husband not to leave, after requesting it?

I don't quite understand the logic of the attorney's advice on requesting the voluntary departure, and then especially not following through (and worse, praying for the miracle of amnesty). Was that based on the tourist visa applied for, or the asylum? Even if throughout your husband's process there were incorrect forms submitted, once he was married to you and an I-130/I-485 filed his status would have been pending until the AOS adjudication.

Since he apparently entered the US on a valid visa and therefore inspected, what was the attorney's reasoning that an adjustment of status would have been prohibited? It doesn't sound as if there were any removal hearings before the voluntary departure request. Even for overstays, that is normally forgiven upon marriage to the US citizen and am a bit confused on the advice you have received.

An immigration attorney that I have seen recommended here is Laurel Scott. The URL I found is http://www.visacentral.net/

She has an open chat, I believe, on Wednesdays at 11:00am and she specializes in cases that require waivers. You might want to contact her and get her take on things as well. I don't know if you are still utilizing the same attorney but unless there is a really good reason for his/her advice thus far, I would certainly be looking for a different one.

I don't see what has occurred thus far as your husband trying anything to stay in the US...just limited by his language and having poor advice and action taken on his part, especially by the attorney. There are always extenuating circumstances and hopefully any deportation can be delayed and continued until the I-130/I-485 have been adjudicated.

PJ

[rebeccajo 14]

At this point in our visajourney, I've pretty much come to the conclusion that deportation is a very serious punishment which should be reserved for the truly unsavory. Which in my book means drug pushers, murderers, and others who have committed heinous crimes.

As perhaps make sense in a community of individuals who have followed the letter of the law to bring their loved ones to the US, we get a bit judgmental about those who have a different situation.

While I surely don't favor illegal entry or any other bending of the system, I'm coming to learn by personal experience that even doing things properly, on time, and as requested will not necessarily win you the favors of our present immigration system.

Nothing is crystal clear, especially on the web.

[Traviesa 0]

At this point in our visajourney, I've pretty much come to the conclusion that deportation is a very serious punishment which should be reserved for the truly unsavory. Which in my book means drug pushers, murderers, and others who have committed heinous crimes.

For some reason, that doesn't make me feel happy at all...