HOW WE ENDED UP IN DEPORTATION PROCEEDINGS

[kitkat1 5]

The Attorney we had said that we should wait on the I130 until he left or that would bring Immigration to our door.

Moot point now

Considering that your well-meaning friend screwed up your paperwork, how unfortunate that then your attorney gave you terrible advice.

like you said now we need to get it done and start cracking on the Waiver research. I hope you are right about getting a 601 approved.

Start here: http://www.immigrate2us.net/forum/index.php?c=12

My suggestion is to read through all the stickies, explanation of "extreme hardship", guidelines for writing the 601, examples of approved waivers, contact other filers through Belarus and make an appointment for a half hour consultation with attorney Laurel Scott so you can understand 100% the options in your situation, the likely outcome and you start to take control and responsibility.

[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?

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.

Sure. I understand that the individual has the right to try and avoid being ejected. All I am saying is that the filing for various benefits, including filing a presumably frivolous claim for asylum, does not make the applicant's case any stronger.

Hmmm. How do you figure 'frivolous'? Unsuccessful is less inflammatory, by the way

A valid asylum claim typically makes it. Without having rock solid statistics readily available, I am very comfortable stating that a rather large portion of successful asylum cases is actually frivolous. On the other hand, I don't think that any significant portion of valid asylum cases ends up unsuccessful. Hence, an asylum case that is unsuccessful most likely was frivolous to begin with. Add to that the story told and I don't thin that calling the asylum claim in this case frivolous is much of a stretch. Inflammatory or not, the indivudual in question didn't have a valid asylum claim but rather filed for asylum to be able to remain in the US. The story told clearly supports this assessment.

[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.

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

I'm sorry Melissa, I didn't mean to upset you. Sorry. I don't think you understood me at all. Re-read what I wrote.

[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?

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.

Sure. I understand that the individual has the right to try and avoid being ejected. All I am saying is that the filing for various benefits, including filing a presumably frivolous claim for asylum, does not make the applicant's case any stronger.

Hmmm. How do you figure 'frivolous'? Unsuccessful is less inflammatory, by the way

A valid asylum claim typically makes it. Without having rock solid statistics readily available, I am very comfortable stating that a rather large portion of successful asylum cases is actually frivolous. On the other hand, I don't think that any significant portion of valid asylum cases ends up unsuccessful. Hence, an asylum case that is unsuccessful most likely was frivolous to begin with. Add to that the story told and I don't thin that calling the asylum claim in this case frivolous is much of a stretch. Inflammatory or not, the indivudual in question didn't have a valid asylum claim but rather filed for asylum to be able to remain in the US. The story told clearly supports this assessment.

I was speaking in the general sense, and in the instant case, it might be true that claiming asylum may have represented a last ditch effort to remain in the US, but Belarus has been a resource for asylum seekers in the USA over the years, in fact, being part of the former Soviet Union, if memory serves me correctly, that area of the world surpassed Vietnam in the mid nineties at an alarming rate of 26% of the world's refugee population in the US!

And as far as statistics, only 80% of asylum cases appear to be successful. I could not locate any data on the percentage of valid or non-bogus claims, but I sense that is simply your opinion. I'd liek to add that there are any number of reasons for refugee status in the US. Political climate of native country being merely one.

Here you might be interested in seeing the percentage of asylum cases that are approved by USCIS (affirmative cases) and then the percentage that are referred to the Immigration Judge as "defensive cases" and their requisite success rates. As I interpret the information, the percentage of success is not at all as you claim.

Affirmative cases adjudicated and approved/denied or referred by USCIS

http://trac.syr.edu/immigration/reports/15...ffirmative.html

and

Defensive cases, that are initially deferred to the Immigration Judge for removal that are then later reviewed and affirmed, denied or closed

http://trac.syr.edu/immigration/reports/15...ylumClaims.html

[browneyez40 0]

According to our immigration laws... you are required to have your romatic life in order and file certain paperwork PRIOR to falling in love and getting married. Its a what comes first the chicken or the egg. We unfortunately met and fell in love without checking with Uncle Sam as most Americans do.

Not sure I agree with that statement. My husband and I were in love with each other a year before we decided to file immigration paperwork. We knew what we were getting into since he's a foreigner. We researched and educated ourselves on what is required for us to be together. It's a matter of realizing that "hey, my SO is a foreign national, I love this person so I better see what's needed and required for us to have a life together here in the US" kind of thing. Just my opinion.

I agree. My husband and I filed our paperwork while he was in removal procedings. Situtations aren't impossible, it just seems like people don't want to work within the system given to them.

[Traviesa 0]

I don't know why I keep coming back to this thread. Nancy has so far not even ackowledged my posts, which I think provide her with good information, seeings how I have walked in her shoes...so this is my final attempt.

NANCY: Have your husband request or accept Voluntary Departure (if it is an option at this point). That way you won't have to file the I-212 and he has no "ban" on re-entry but you will still have to file the I-601. I would NOT start filing the I-130 until he is out of the country. For some reason that I don't fully understand, filing an I-130 while someone is in deportation proceedings is a "red flag" and will make your process more difficult than it already is. If your husband is given VD, I would go for the K-3 which might get him here faster (you'll still have to file the Waiver). If he is deported, expect to be interviewed some time after you file the I-130 (if there was a deportation within the last 2 years the petitioner is interviewed). You'll have to prove that your relationship is real, and not fraudulent. He will file Waivers I-212 and I-601 at his interview. Again, hardships are many and varied-you would be surprised at how many you actually have. Consult with an attorney about this. Someone else already recommended our attorney but I'll do it again-Laurel Scott specializes in the I-601 waiver and she has a free chat TODAY at 11 am Central Time. Her web site is www.visacentral.net Hope to see you there.

Edited December 27, 2006 by Heina

[nancyk 0]

Now looking at the pile of paperwork and trying to figure out the "timeline" The reason we put this in 'suspended animation" now is all coming back to me. Its literally a catch 22 from which there can be no good outcome other than living in another country. Apparently I could not file the I130 until he had been out of the country for 2 years. #3 para f i130.

With regard to his adjustment of status he could not adjust from within the US period. The 10 year bar did not kick in until he came back. Of course I am on my attorneys call back list to verify after the holidays. Now I suppose its just a waiting game for being able to file the i130 I guess two years according to the instructions on the form.

[pj1959us 0]

Now looking at the pile of paperwork and trying to figure out the "timeline" The reason we put this in 'suspended animation" now is all coming back to me. Its literally a catch 22 from which there can be no good outcome other than living in another country. Apparently I could not file the I130 until he had been out of the country for 2 years. #3 para f i130.

With regard to his adjustment of status he could not adjust from within the US period. The 10 year bar did not kick in until he came back. Of course I am on my attorneys call back list to verify after the holidays. Now I suppose its just a waiting game for being able to file the i130 I guess two years according to the instructions on the form.

Nancy,

Is Voluntary Departure the same as removal/deportation/recission/judicial proceedings? Even though he didn't leave the country is the fact that departure was requested make a difference?

This all occurred just before you married correct, that the voluntary departure had already been requested and you married just before the date of departure was due?

[nancyk 0]

This is the WRONG place to be making xenophobic comments like that.

I really hope she didn't come here for sympathy because we all here did things the hard way; research, paperwork and waiting. You would think a former soldier would know better about procedures and laws, how to find them and follow them ESPECIALLY for the country she and her family defend, but what do I know, I'm just a Hispanic.

Apoligize you did not get my Sacasm. My family is literally half hispanic. So you can imagine the amount of tongue biting that has been going on when after hearing of my plight folks lower thier voices and draw near saying things like... "I don't know why they are picking on you when there are so many OTHERS here".

[nancyk 0]

Now looking at the pile of paperwork and trying to figure out the "timeline" The reason we put this in 'suspended animation" now is all coming back to me. Its literally a catch 22 from which there can be no good outcome other than living in another country. Apparently I could not file the I130 until he had been out of the country for 2 years. #3 para f i130.

With regard to his adjustment of status he could not adjust from within the US period. The 10 year bar did not kick in until he came back. Of course I am on my attorneys call back list to verify after the holidays. Now I suppose its just a waiting game for being able to file the i130 I guess two years according to the instructions on the form.

Nancy,

Is Voluntary Departure the same as removal/deportation/recission/judicial proceedings? Even though he didn't leave the country is the fact that departure was requested make a difference?

This all occurred just before you married correct, that the voluntary departure had already been requested and you married just before the date of departure was due?

Thats correct VD is a removal proceeding. We married after his hearing and before he left. We were not looking for any immigration benefit as a result of the marriage but were not certain if we could request Visa for me to his country if we were not married. So actually we got married with the plan of him leaving and then we screwed up if you will because we just couldn't figure out a way logistically to make it work and me support my daughter.

[Ban Hammer 13,678]

Thats correct VD is a removal proceeding.

that i can see occuring.

[nancyk 0]

I don't know why I keep coming back to this thread. Nancy has so far not even ackowledged my posts, which I think provide her with good information, seeings how I have walked in her shoes...so this is my final attempt.

NANCY: Have your husband request or accept Voluntary Departure (if it is an option at this point). That way you won't have to file the I-212 and he has no "ban" on re-entry but you will still have to file the I-601. I would NOT start filing the I-130 until he is out of the country. For some reason that I don't fully understand, filing an I-130 while someone is in deportation proceedings is a "red flag" and will make your process more difficult than it already is. If your husband is given VD, I would go for the K-3 which might get him here faster (you'll still have to file the Waiver). If he is deported, expect to be interviewed some time after you file the I-130 (if there was a deportation within the last 2 years the petitioner is interviewed). You'll have to prove that your relationship is real, and not fraudulent. He will file Waivers I-212 and I-601 at his interview. Again, hardships are many and varied-you would be surprised at how many you actually have. Consult with an attorney about this. Someone else already recommended our attorney but I'll do it again-Laurel Scott specializes in the I-601 waiver and she has a free chat TODAY at 11 am Central Time. Her web site is www.visacentral.net Hope to see you there.

thanks... He got VD he did not depart. The bar would kick in if he left. Apparently you cannot file the I130 until the person has been out of the US for two years #3 para f on the I130. My attorney is out for the holiday so is immigration and his Embassy folks so Vitali rots in jail for a few more weeks.

[luvaLimey 0]

You no longer have school-age children... why is this such a big deal? How hard was it for him to learn to speak and read english? Yet, he did it in order to stay here with you.

Why is it such a daunting task for you to move to his country with him? I mean... you couldn't bear to be sparated, right? So, go with him, learn to read and speak russian (if that is the language spoken in Belarus). It's an easier language to learn than english. The grammatical rules are simpler, and once you've learned the cyrillic alphabet, most words are spelled phonetically, except a few like zdrazdvetyeh.

It was ok for you to fly under the radar to be together, becuase you'd do "anything" for love, right? Or does love not apply when you're the one being asked to make sacrifices?

[Traviesa 0]

Nancy, that is only valid IF the marriage takes place DURING the removal proceedings. Since you are already married, that does not apply in this case and I repeat that VD does not carry any ban to it. As long as you did not get married DURING the VD proceedings this does not apply to you.

[nancyk 0]

So... yeah... i find it quite ironic that DHS officials were dressed in hockey jerseys when arrested your non-hispanic husband, considering your husband is a hockey player.

I agree with you, your non hispanic husband shouldnt be deported, because, well, hes a non hispanic. This is the most racist thing i have heard all day. Congrats!

About that thing about Gods will, and not interfering with a relationship. God does not control the USA. The government does, and just because you were in the army for a few years, doesnt exempt you from following the rules and laws.

We are all here to do this LEGALLY, and sadly its because of ignorant people like you, that the process is so difficult for us.

It puts a smile on my face to know that DHS is doing their job!

Sorry you missed my Sarcasm. I have a hispanic family. My daughter is on active duty and if you read my post you know I served as well. Glad you got your "Military Expedite". Thanks for your service to our country.