HOW WE ENDED UP IN DEPORTATION PROCEEDINGS

[nancyk 0]

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?

The fact that we have a 10 year bar for his re-entry to the US is somewhat tricky. And I cannot file the adjustment of status for him while he is in the US. Have to wait 2 years after he is back in Belarus to file the i130. Section 245(i) IIRIRRA Sept 1996

[nancyk 0]

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.

Simply had a guy who spoke no English and read no English and Local Hockey Fans put together the WRONG Visa paperwork without research or consulting with an Attorney. He was happily playing hockey while this was happening. Read a Russian newspaper and you might get a concept of how little he understood about the paperwork they were doing. For Christs sake one of the biographical documents has his Religion listed as a Baptist. Not really a common Relgion in the former soviet republics.

[nancyk 0]

Wow! You really must be pissed! How could they deport your WHITE husband?!?!?!?!?! You're a soldier for christ's sake!!! Preposterous! People as important as a white illegal and an ex-soldier just don't have time to adjust for status!!! Go to the supreme court!

Bien Diecho.

Sorry you missed the Sarcasm. We are not a "white" nuclear family. I have been amazed by the obnoxious response I have gotten when people are finding out whats going on. Its some pretty racial responses.. Maybe you can imagine.. My kids last name is Aponte our extended family lives in Fajardo Puerto Rico. 3 years.

[Fandango 1,440]

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.

I realize it sucks, I do...but you're sitting here trying to figure out a way how to not follow the rules like everyone else. You are not the only couple fighting a ban. If there is no way around it, then there is no way around it. It doesn't justify not following proper protocol.

Good luck with your waiver. I do wish you the best.

[Fandango 1,440]

Wow! You really must be pissed! How could they deport your WHITE husband?!?!?!?!?! You're a soldier for christ's sake!!! Preposterous! People as important as a white illegal and an ex-soldier just don't have time to adjust for status!!! Go to the supreme court!

Bien Diecho.

Sorry you missed the Sarcasm. We are not a "white" nuclear family. I have been amazed by the obnoxious response I have gotten when people are finding out whats going on. Its some pretty racial responses.. Maybe you can imagine.. My kids last name is Aponte our extended family lives in Fajardo Puerto Rico. 3 years.

Go figure your first posts said nowt about having a spanish family, but did have a lot to say at being outraged your WHITE hubby was getting deported.

Don't get outraged at the reaction to your post. We don't know you....we don't know you're being sarcastic....we only know what you say....and if you read back *IF sarcasm was your intent which I don't believe but whatever* then you will see coming from a different perspective, you appear to be a racist.

Explaining yourself is fine, but indignant outrage? Sorry...go peddle it somewhere else

[nancyk 0]

Either we're not getting the whole story here, or the OP was the recipient of some extremely poor advise. From what was posted it seems like the OP was under the impression that because of a Visa violation (i.e. overstaying an H-1B), her husband would be banned from the country for 10 years. This is true. However they also seem to have the mistaken belief that this would stop him getting a green card.

Being married to a USC forgives almost everything except entering without inspection. With the information presented here it's hard to understand why the OP didn't just file for a green card for her husband after they got married. So unless there's something not being mentioned, it seems like a very tragic case of misinformation.

http://www.uscis.gov/files/article/EIB6.pdf

See the information on the 3/10 year bar. Also see i 130 para 3 #f

Vitali did not speak English when he came here and relied on help with his change of employer forms.

[nancyk 0]

[

I am not indignant nor outraged. I do think you might be a little prone to jump to a wrong conclusion. I can see how you might have difficulty with my using sarcasm to make a point about racism. So the facts are what they are, the government is going on a rampage against Hispanics. I am not sure why you chose to take offense. But good luck with your Visa issue

[Velvettt 0]

Hey, Nancy! Get this straight: NO 9/11 terrorists entered the US through Canada. They were all in the US on legal US visas. As for your husband getting a Canadian visa... why the he!! would Canada want him?

This is a stupid, stupid woman, folks. Save your advice.

[nancyk 0]

There are quite of few of you folks with no funny bones and no ability to percieve or process humor, irony or sarcasm. Perhaps it is a result of dealing for extended periods of time with government agencies. In any case I wish you the best and hope that Homeland Security does not percieve you hostility as a threat to national security.

[Cassie 8]

There are quite of few of you folks with no funny bones and no ability to percieve or process humor, irony or sarcasm. Perhaps it is a result of dealing for extended periods of time with government agencies. In any case I wish you the best and hope that Homeland Security does not percieve you hostility as a threat to national security.

:rolls eyes:

[mrc 0]

There are quite of few of you folks with no funny bones and no ability to percieve or process humor, irony or sarcasm. Perhaps it is a result of dealing for extended periods of time with government agencies. In any case I wish you the best and hope that Homeland Security does not percieve you hostility as a threat to national security.

The dreaded last post. Farewell, Nancy, we hardly knew ye.

[kitkat1 5]

zzzzzzzzzzzzzzzzzzzzzzzzzzzzz

[Kathryn41 3,205]

Hey, Nancy! Get this straight: NO 9/11 terrorists entered the US through Canada. They were all in the US on legal US visas. As for your husband getting a Canadian visa... why the he!! would Canada want him?

This is a stupid, stupid woman, folks. Save your advice.

Thank you, Velvettt - while I probably would have phrased it a little differently, I was just waiting until I finished reading this thread (just found it today) before I made the exact same point. NONE of the 9/11 terrorists had ANY connection with Canada - they did not have visas, visits, citizenships, entries or anyother immigration related aspect to Canada. In fact, they were all legally admitted to the US by US IMMIGRATION personnel many of them arriving from different points in Europe and many of them still here on expired visas - in fact, overstays.

Nancy mentions getting a visa to Canada a few times. Please be aware that rumours you have heard about Canada being an easy country to which to immigrate come from an anti-immigration bias in the US and is based more on philosophy than reality. Canada welcomes immigrants far more than the US does and allows for higher nunbers, proportionately, than does the US - however, and a big however, the paperwork and red tape exists for Canada and you cannot just 'apply' to move to Canada. You apply for a visa to Canada the same way as you do in the US - as a family member (fewer individuals are allowed in as family class members than in the US, btw), as a refugee - and that application can no longer come from someone in the US due to a biNational agreement - up until that time 90% of all refugee claims filed for Canada were from individuals entering or wanting to enter from the US - and employment based. Unfortunately, I am not sure your husband would qualify under employment base since there are no shortage of hockey players in Canada - nor is there a shortage of hockey players of outstanding abilities in Canada - the area in which your husband's situation would fall. He may be able to arrive as a spouse based on your application but the same criteria apply - you would have to be well educated, qualified and experienced in an employment field for which there is currently a shortage of applicants available already in Canada. It is highly unlikely you would qualify for the family based application since only spouses, parents, unmarried siblings under 21 or unmarried dependent children under 21 can be sponsored.

I am sorry that you and your husband are having difficulties with the immigration process and know you must be kicking yourself for making some of the choices you did that have led you to this situation. It just isn't necessary to take vitrolic pot-shots at other countries and nationalities to make your point.

Going back to one of the comments you initiated - the 9/11 terrorists - they too were here illegally on expired visas - just like your husband. I don't mean to say your husband is a security risk or any such thing, rather that immigration has a set process of legislation to follow and we all need to be aware that there are consequences to our decisions and actions, sometimes totally out of line with what is reasonable and expected. Good luck with your situation.

[ceriserose 1]

There are quite of few of you folks with no funny bones and no ability to percieve or process humor, irony or sarcasm. Perhaps it is a result of dealing for extended periods of time with government agencies. In any case I wish you the best and hope that Homeland Security does not percieve you hostility as a threat to national security.

You know, I'm not one of the ones who took offense at your so-called racist remarks, nor did I get upset at your misinformation about Canada's non-involvement regarding the terrorists and 9/11.

However, I do sit here and read your absolutely insistent attitude that it's everyone else who has the problem. Most people here have a sense of humor and there's quite a few who employ irony and sarcasm in very artistic ways in their posts. You say you meant to be sarcastic, but as has been pointed out several times now, that's not clear in a text-based medium unless YOU make it VERY clear. That's up to you, and apparently you haven't mastered the art. Until you do, you should either be willing to acknowledge that others may get upset at your inability to communicate clearly or don't employ the technique until you've mastered it.

So it's everyone's fault here that we don't "understand" what you mean, and it's everyone else's (well-meaning friends, DHS, etc.) fault that you didn't get your husband's immigration stuff squared away. I'm seeing a trend of unwillingness to take responsibility for your own actions and be accountable for the choices you made, from something as minor as words on a message board to culpability in making a choice to not comply with a voluntary departure order.

If I were you, I'd spend less time worrying about how DHS perceives the rest of us and more on your own mess.

[Fandango 1,440]

cerise rocks