Why I joined this site and how you can help me.

[ssk2331 13]

@ Fiji Indian

I'm sure most people here understand the personal turmoil related to your dads case, and no one doubts it's hard for any family to be seperated.

But you're asking for legal help and emotional appeals that you're stating aren't going to work well in front of immigration. Your one try is to show extreme hardships but things like financial and emotional issues are expected and not considered dire situations. You have to be able to prove other extreme hardships. Maybe try getting a police report from Fiji about your life being threatened there? Based in the polices reaction, It sounds to me as if that was just a spat over 15 years ago, people overreacted, and your family isn't on a hitlist of any kind.

[Unidentified 2,930]

It sounds like your chances are very low and I think you should accept help for your PTSD so you can get a job. My mom has it and with the help of medication and therapy she could go back to working. If you don't like being medicated you can always try just therapy. But it's probably a good time to step up and help your mom. No one needs to know about the PTSD unless you mention it.

Edited May 15, 2015 by Maria&Seve

[Boiler 45,551]

I was trying to make a point by saying, you cannot simply go back to a place and have the success as you originally had. In other words, if my Dad were to be deported to Fiji, he wouldn't have a place to live. He wouldn't have a job, and he wouldn't have a means to provide for himself in a "new" environment. It's been 15 years. What can he possibly have there, while his wife and son is here in America?

Even wild animals aren't wild after being in captivity for so long. Sure, you can release them back to the wild, but what is the guarantee of its survival and success of reintroduction into the environment they have long forgotten?

http://www.scottimmigration.net/content/i601memo

An interesting read on waivers.

But to answer the above, NONE of that is relevant.

Sounds like you have not been heavily involved in the case, your Mother hopefully can tell you the ins and outs.

[Mike-eeh and Odie 193]

...And I can get a job, but do you really think I will be permanently hired after finding about by PTSD?

Yes. There are many people with PTSD, especially war veterans who live normal lives with good paying jobs. Suffice to say there are even more people in the world walking around with PTSD and don't even realize it, and manage to live and work in society. And I say this to you as a doctor of psychology. I would suggest that if your PTSD is affecting your daily life, you should seek better treatment to enhance your quality of life.

[ce2010 7]

you need to write whole story in one shot so people can tell you their opinions... every msg you send you say 'i will get into details later'...????

[Cyberfx1024 7,980]

I know you are coming on this site to try and get help for your father in hopes to starve off deportation, but you have to realize the vast majority of people on this site are trying to navigate this process legally. So don't be surprised that some people are a little pissed that your father gamed the system and is now trying to stay here indefinitely.

Also I think there is more than what has already been put out if your father was sentenced to a year in prison for DV. I know you say that there was a misunderstanding and he was wrongfully arrested, but if he was wrongfully arrested he could have fought it an won. I know that for a fact because that happened to me with my x-wife, there was a verbal fight and she started swinging on me, I pushed her away and she fell and hurt her back. I take her to the ER and then I am arrested for DV and sent to jail for an automatic 48 hours for a "cooling off period". I fought it in court with no lawyer and it was dropped. So yes it can be done.

Also you say you have PTSD and that's why you can not work. Don't try and play that on here please. There are numerous people that have varying degrees of PTSD that go on with daily life. I am suffering from Combat related PTSD that is verified by the VA and I am living my life and working in order to support my 3 kids and my wife, all the while fighting the demons that are waiting for me when I close my eyes at night.

You are 18/19 years old, pull up your big boy pants and help support your mother. Join the military and add your mother as a dependent so she can get medical she needs. When I was 19 years old in 2003 I was in the Marine Corps and preparing to join the invasion of Iraq. So your idea that you are only 19 doesn't hold weight with me at all.

Sorry I am tough but it is tough love.

Edited May 15, 2015 by cyberfx1024

[belinda63 3,038]

So your dad spent a year in jail on a DV, basically a felony DV which you claim was just a misunderstanding.

He then spent three years in jail after that on an ICE hold. Then he was released on bond, I assume while the appeal was pending.

The appeal was denied so they picked him up and are ready to deport him.

For your mother to file the I-130 she must make a certain income, currently over $19,000 per year. Does she have someone who would be willing to sponsor her husband since her income is not sufficient?

Then a waiver would be needed for the DV and the overstay. A waiver for felony domestic violence is almost impossible to obtain. He would have to undergo lots of counseling and therapy. The waiver will have to prove why she cannot live in the U.S. without him and why they cannot live elsewhere. The problem is he was incarcerated for four years and she survived without him during that time. Also someone threatening her 15 years ago is not going to fly as a reason why she cannot move back to Fiji.

Edited May 15, 2015 by belinda63

[Boiler 45,551]

So your dad spent a year in jail on a DV, basically a felony DV which you claim was just a misunderstanding.

He then spent three years in jail after that on an ICE hold. Then he was released on bond, I assume while the appeal was pending.

The appeal was denied so they picked him up and are ready to deport him.

For your mother to file the I-130 she must make a certain income, currently over $19,000 per year. Does she have someone who would be willing to sponsor her husband since her income is not sufficient?

Then a waiver would be needed for the DV and the overstay. The waiver will have to prove why she cannot live in the U.S. without him and why they cannot live elsewhere. The problem is he was incarcerated for four years and she survived without him during that time. Also someone threatening her 15 years ago is not going to fly as a reason why she cannot move back to Fiji.

Sounds like they have gone through the waiver process. I 601 in country.

[Fiji Indian 1]

I have mentioned that my Dad came here on a visa to attend his brother's funeral. His life was threatend, so he seeked a lawyer to filed for an Asylum, but the lawyer did not help my Dad on time. His visa had already expired by the time the lawyer took actions. Thus his court battles begin. He has not been here illegally and hiding. He has seeked legal help since day 1. It's the system that is slow and took their time to getting his case where it is today, 15 years later.

How can you say someone has been here illegally, when they have always been truthful about their immigration status and have seeked legal help. Fiji is not a place where you can cross the border and here you are in America. Fiji is 19 hours away. You certainly cannot visit someone there every year. Maybe every other year for 1 week.

And as I've said, this is not about me. All I did was share how my Mom and I depend on my Dad. You truly think I haven't gotten therapy? Where do you think my teenager years or the 4 years my Dad was in jail went? I not only have PTSD, but Depression as well. And thank you everyone for sharing all your struggles with PTSD as well, but I cannot understand your situation or what you feel/think every minute of the day. All I know is how this has affected my parents and me. I did not come here to seek help for my PTSD, it was simply a short informative part of the story. Again, I was diagnosed with PTSD AND DEPRESSION when my Dad was in jail. Him being away was the reason for my condition. When my Dad was released, I was on the road to recovery, now we are back in the same situation we were. If a therapy session didn't work for me back then, why would it work now?

And I have had thought about joining the Army, but why would I join the Army, when I want to be able to be with both of my parents and see them everyday? Sure there are benefits of joining the Army, but what's the point in me trying to keep my family together, only to have 3 of us scattered around the world? Again, I am trying to keep my family together.

And why I keep saying "I'll share full details when I tslk

[CowBoE 429]

I'm sorry, I got my information wrong. He served 1 year for Domestic Violence, and 3 years in ICE Custody. My Mom did file for I 130, but it was denied. The only thing we have been told could save him now is, if we prove that we will suffer through hardship without him. I have given a brief information on how we have and will suffer on post #6

I've seen/read about plenty more DV situations that with more violence but they seem to get out on easier terms,

so I'm surprised on what appeared to be somewhat of an minor (based on your descriptions) incident

and that it has led to an 1 year in jail. I'm thinking this only may been possible because your mother gave

somewhat terrifying testimony. In any case, what a bad luck.

Back on your father's situation...the fact that your mom earns almost $19K,

and that you are legally an adult that can work, and your father being in jail

for the past 4 years and didn't provide any income to your family...yet your

family survived just fine, so I think it would be hard to convince someone of hardship.

But, don't let that discourage you. I hope your family can be fully united soon

without incurring more expensive attorney fees.

Good luck and keep us posted.

[Boiler 45,551]

I feel like I am repeating myslef but there are plenty of hardships to work with, that is NOT the issue. A waiver has been tried and failed due to the issues involved, not the lack of hardships.

He has been going through the system sic for decades and has now gone through the 9th Circuit and has run out of options.

There is obviously a very long and complex history here, and we have been given just a few pieces.

I am also suprised at the DV sentence if that was all that there was, my guess is that there is more to it.

[JohnandMhay 13]

How can you say someone has been here illegally, when they have always been truthful about their immigration status and have seeked legal help. Fiji is not a place where you can cross the border and here you are in America. Fiji is 19 hours away. You certainly cannot visit someone there every year. Maybe every other year for 1 week.

Even though he Sought Asylum, until it is Granted, he is in an overstayed condition and thus here Illegally.

[Fiji Indian 1]

I have mentioned that my Dad came here on a visa to attend his brother's funeral. His life was threatend, so he seeked a lawyer to filed for an Asylum, but the lawyer did not help my Dad on time. His visa had already expired by the time the lawyer took actions. Thus his court battles begin. He has not been here illegally and hiding. He has seeked legal help since day 1. It's the system that is slow and took their time to getting his case where it is today, 15 years later.

How can you say someone has been here illegally, when they have always been truthful about their immigration status and have seeked legal help. Fiji is not a place where you can cross the border and here you are in America. Fiji is 19 hours away. You certainly cannot visit someone there every year. Maybe every other year for 1 week.

And as I've said, this is not about me. All I did was share how my Mom and I depend on my Dad. You truly think I haven't gotten therapy? Where do you think my teenager years or the 4 years my Dad was in jail went? I not only have PTSD, but Depression as well. And thank you everyone for sharing all your struggles with PTSD as well, but I cannot understand your situation or what you feel/think every minute of the day. All I know is how this has affected my parents and me. I did not come here to seek help for my PTSD, it was simply a short informative part of the story. Again, I was diagnosed with PTSD AND DEPRESSION when my Dad was in jail. Him being away was the reason for my condition. When my Dad was released, I was on the road to recovery, now we are back in the same situation we were. If a therapy session didn't work for me back then, why would it work now?

And I have had thought about joining the Army, but why would I join the Army, when I want to be able to be with both of my parents and see them everyday? Sure there are benefits of joining the Army, but what's the point in me trying to keep my family together, only to have 3 of us scattered around the world? Again, I am trying to keep my family together. I was more happy making $360+ a week with my Dad, rather then finding a better paying job that would require being away from home days/weeks at a time; firefighter, truck driver etc...

And why I keep saying "I'll share full details when I talk with my Mom", is because I need to talk to her and get more information out. But yet people kept responding and asking small questions, which I did have answers for, so I answered. But from the answers I've gotten, it doesn't really matter if I talk to my Mom or not right?

Anyways, I have gotten whatever information people could help with, instead of making this thread mainly about my situation or how we can forget a family member as if he was simply a pet we owned. Maybe you people don't understand our culture. Sure you may relate to PTSD, but not our culture, being married to someone for 42+ years, or being more attached to that parent then the other and being extremely Depressed etc... I will no longer post on here, until it's furthur needed. My time is more valuable to me to look at success story's by others who have been in our situation.

Again, I am not trying to be disrespectful, but you wouldn't be able to control yourself either if you were me. My heart tells me justice will be served to my family, I'm not gonna take people's answers seriously on the Internet, or my mind. We didn't come this far to just pack up and move back.

Thank you for the help and information for those who helped try to figure out my Dad's case. I appreciate it.

[Pennycat 880]

As I have said previously, I will go into furthur detail about my Dad's case once I can have a chat with my Mom. I cannot simply speak on a matter without details and expect to get help. Another reason I am avoiding sharing details at the moment is because, I don't want details to be repeated or scattered amonst different posts, which is already starting to happen. And do you really expect someone to hire who has PTSD and depression on their file? I do not have a permanent job. I was working with my father here and there, but now he is in jail.

My Dad had came here Legally on a visa, to attend his brother's funeral. But before his visa expired, he has consulted a lawyer to file for Asylum. My Dad's life was threatened in Fiji. Sadly, before the lawyer could take any actions or give my Dad the proper information, my Dad's visa expired. My Mom tried to file for a Asylum for him recently as when, but it was denied. He has not abused anything. If anything, it's his previous lawyer who wasn't informative to my Dad. My Dad has NOT been here hiding from the law. He has been fighting for justice ever since his visa expired 15 years ago. What happend between then and now, was simply our own personal issues and misunderstanding. My Mom and I weren't as fluent in English as we are today, back when my Dad was arrested. We have learned to deal with that misunderstanding. We cannot control how long the system takes to give justice to individuals and their family members. All we can do is pray and wait.

Just a quick thing to clear up (and could explain why he's in this sort of trouble to begin with): just because you enter a country legally, with a visa, doesn't mean that you will always remain legal. Unfortunately, he overstayed that visa (and if he was working while on it, he misused it). He was not here legally as soon as that visa expired. That is how the majority of "illegal immigrants" arrive--legally (and usually with visitor's visas) and then become illegal. This is possibly a big reason why your mom couldn't file for him.

[Boiler 45,551]

Just a quick thing to clear up (and could explain why he's in this sort of trouble to begin with): just because you enter a country legally, with a visa, doesn't mean that you will always remain legal. Unfortunately, he overstayed that visa (and if he was working while on it, he misused it). He was not here legally as soon as that visa expired. That is how the majority of "illegal immigrants" arrive--legally (and usually with visitor's visas) and then become illegal. This is possibly a big reason why your mom couldn't file for him.

Not only could his Mother file, she did file.