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

[Pennycat 880]

Not only could his Mother file, she did file.

Officially confused now. I thought that the dad isn't a USC because the mom couldn't file for him?

[Boiler 45,525]

A USC? That takes a long time, PR first.

She filed for him when they naturalised, he was in custody at that time.

Gone through the waiver process, appealed, reached the 9th Circuit, failed there as well and now in custody awaiting deportation.

Seperately there seems two asylum claims that have also failed.

[TBoneTX 45,304]

I will no longer post on here, until it's furthur needed.

No reason for anyone else to post here until the OP returns.

[Cyberfx1024 7,980]

Yes, your father came here Legally on a visa, he was here Illegally as soon as his visa expired. He then committed a felony and that is the big reason for him to be deported right now. Yes he committed it because he was found guilty of the crime. So he has shown to have morality problem and which the US does not want immigrants with morality issues.

You say you have PTSD and Depression.WELL THAT DOES NOT STOP YOU FROM WORKING AT ALL IN ORDER TO SUPPORT YOUR FAMILY. As I have stated before I suffer from PTSD as well but due to being in Combat in Iraq, I suffered from depression as well for a couple years until I found it in myself to get above that. There are many Combat Veterans like myself who suffer from PTSD and still work in order to provide for our families.

I know people from my time in the Marine Corps that take care of their parents while they are in the Military, and thus the parent is considered the dependent for all intensive purposes. Just because you might have to deploy and be away from your mother for a period of time doesn't mean you shouldn't join.

The point I am trying to make is that you need to go out and WORK. Make more than $350 a week which is well below the poverty level. Get some skills and start supporting yourself, stop pouting about the whoa is me stuff.

[Unidentified 2,930]

The reason why people keep bringing up your PTSD and getting a job to support your family is because your father's chances of not being deported are slim to none and we just think it's time to pull it together and do what is needed to be done. I totally get that you feel awful about what is happening, but you gotta stay focused and help your mother too. Especially if there will be more legal fees.

[Eric & Idalia 56]

And how do you suppose a prospective employer will find out if you don't tell them? Are the PTSD gnomes going to send them secret coded messages?

C'mon guys. He is looking for help. Being nice is not that hard. You all know a lot more than me about immigration and I read the forum everyday like people do with newspapers. I am just saying that he is dealing with a lot of stuff right now to read this kind of comments. Be honest, but also nice.

[Cyberfx1024 7,980]

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.

I don't know your culture and I can't relate? Just because my wife is Filipino and I am American doesn't mean I don't know your culture. I have lived, worked, and resided around Pakistanis,Indians(both North and South Indians), and Nepalis for many years now. I know about the culture and the taboos that are associated with it.

We have tried to help and figure out your father's case for you, but you don't want to take our advice. You just want to belittle us for asking questions and trying to give you some tough love. You want to act like you are the only person that has ever suffered from PTSD and Depression at the same time. I know it is tough trust me I know. I work a full time 40 hour a week job all the while going to school full time to get a Bachelor of Science degree, being a father to my 3 kids and a husband to my wonderful wife.

Edited May 15, 2015 by cyberfx1024

[Pennycat 880]

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.

I think that people keep mentioning that you could get a job, not because they're telling you what the solution to your problem is, but because you are going to have to prove "extreme hardship" to get the waiver. What you're describing isn't "extreme hardship" because you DO have options---and one of them is for you to get a job. You may not like the job, it may keep you from your family etc, but that's not "extreme hardship" that's being dissatisfied with your current employment and lifestyle which is something that many, many people are. People here are telling you how it's going to look to the decision makers, and I'm inclined to agree. It doesn't mean you can't try, or shouldn't try. But that this approach does not seem to be a winning one.

As for " How can you say someone has been here illegally, when they have always been truthful about their immigration status and have seeked legal help." Because, I'm sorry to say, he IS here illegally and that is why he's having problems. He had a visitor's visa, and he stayed longer than that visa allowed. That is the literal definition of being in a country illegally, and is how the majority of illegal immigrants are here. Yes he tried to get help to avoid that happening, but that help failed. Yes, he's always been honest about it and has been trying to legalize his status, but that still doesn't mean that he is here legally. In fact, if someone is working to become legal, logic shows that they are actually not legal.

So yes,you can try to prove extreme hardship, and you should try. But it sounds like the reasons you're giving aren't going to work. He doesn't have a life to go to in Fiji-- yep, that's a "normal hardship"--most deportees don't have lives to go back to either. You depend on him for money-- yep, "normal" as well. Just about every adult has people depending on them for either money or support (such as childcare/elder care etc). It's especially thin because your household has a third adult--you-- who *could* get a job to support the family. That's something that a lot of deportee's families don't have. I'm not trying to be harsh, and I don't think anyone else is either. Just letting you know how it's going to present to the decision makers.

[Cyberfx1024 7,980]

I think that people keep mentioning that you could get a job, not because they're telling you what the solution to your problem is, but because you are going to have to prove "extreme hardship" to get the waiver. What you're describing isn't "extreme hardship" because you DO have options---and one of them is for you to get a job. You may not like the job, it may keep you from your family etc, but that's not "extreme hardship" that's being dissatisfied with your current employment and lifestyle which is something that many, many people are. People here are telling you how it's going to look to the decision makers, and I'm inclined to agree. It doesn't mean you can't try, or shouldn't try. But that this approach does not seem to be a winning one.

As for " How can you say someone has been here illegally, when they have always been truthful about their immigration status and have seeked legal help." Because, I'm sorry to say, he IS here illegally and that is why he's having problems. He had a visitor's visa, and he stayed longer than that visa allowed. That is the literal definition of being in a country illegally, and is how the majority of illegal immigrants are here. Yes he tried to get help to avoid that happening, but that help failed. Yes, he's always been honest about it and has been trying to legalize his status, but that still doesn't mean that he is here legally. In fact, if someone is working to become legal, logic shows that they are actually not legal.

So yes,you can try to prove extreme hardship, and you should try. But it sounds like the reasons you're giving aren't going to work. He doesn't have a life to go to in Fiji-- yep, that's a "normal hardship"--most deportees don't have lives to go back to either. You depend on him for money-- yep, "normal" as well. Just about every adult has people depending on them for either money or support (such as childcare/elder care etc). It's especially thin because your household has a third adult--you-- who *could* get a job to support the family. That's something that a lot of deportee's families don't have. I'm not trying to be harsh, and I don't think anyone else is either. Just letting you know how it's going to present to the decision makers.

+1

Awesome advice.

[Boiler 45,525]

I have a lot of sympathy for the OP, he has been sucked in to talking about hardships. None of which is relevant.

His Mother is the Qualifying Realtive, not him to start with. His hardships can be included. There is more than enough for any half competent Lawyer to work with.

The issue is his Fathers criminal history.

[Fiji Indian 1]

Thank you Eric & Idalia, you seem to understand how I feel.

I just had to leave on a last (for now) note:

My Mom and I are US Citizens. The first thing that my Mom did was try to sponsor my Dad while he was in jail. It didn't work out.

For those who are saying get a job. I do have a job. I just don't have a permanent job, where I can expect to be needed tomorrow or the next day, or the day after so forth, or a job where I get full benefits and can file taxes and stuff. I have completely been honest about my PTSD and Depression, and I never got any calls back regarding my applications. I've even applied to McDonald's. I don't even get paid the minimum $9 wage in California. I get $7 an hour. I do not see the need to hide my "personal demons" from my employer(s), because I don't want it to effect me in future. All in all, I am currently making $336+ a week. Working 6 days a week, sometimes here, sometimes there, but that is what people are willing to pay me. Sure if I could not tell my employers about my Depression, then maybe I would get much more and benefits and a better job then cleaning other people's messes.

And whoever said "I work 40 hours a week" well, my Mom works 40 hours a week, and makes $360 a week, $18,720 a year MINUS the expenses. She is a CNA, her weekends are spent doing paperworks at home and now chasing after our lawyer. She has to wipe people's butt that cannot wipe themselves. My Sunday's are spent looking for someone who is willing to pay me atleast $5 to clean their yard. If not, then I spend my Sunday researching about better career; Police Officer, Therapist for Children, CNA, managing a Poultry Farm etc.... So you see I don't just sit here and talk about how difficult life is, I know and am living through the difficulties. Comparing your situation with mine, or my mother's, or mine with yours, does not matter at all. Each indivitual have different needs and struggles in life. Sure lets say everyone one of us who commented on this thread have PTSD and depression, but that doesn't mean my (or yours) is comparable.

Now if I may be excused, I am reading success stories on here about i212 & i601. Talking about what I do or should do as a living is not why I joined or created this thread. This has easily went off topic. I'll repeat myself ones again, I'm here to find out what are the possible paperworks need to be filled out from what I've shared so far, which I think (unoffically) would be i212 & i601.

Edited May 15, 2015 by Fiji Indian

[madtownguy 164]

I think you won't have much luck in this case, there are millions of illegals that obey all the laws. It is odd that they are deporting him, and very odd to get 4 years for domestic violence. Our system has a lot of flaws, but unfortunately deporting someone who is illegal and breaks the law is not one of them.

[Boiler 45,525]

Now if I may be excused, I am reading success stories on here about i212 & i601. Talking about what I do or should do as a living is not why I joined or created this thread. This has easily went off topic. I'll repeat myself ones again, I'm here to find out what are the possible paperworks need to be filled out from what I've shared so far, which I think (unoffically) would be i212 & i601.

I 212 relates to his deportation so sounds like you have given up trying to stop it and want to see if you can bring him back.

The bigger issue will be the I 601, addressing the criminal histiry that is getting him deported.

[Butterfly307 77]

Thank you Eric & Idalia, you seem to understand how I feel.

I just had to leave on a last (for now) note:

My Mom and I are US Citizens. The first thing that my Mom did was try to sponsor my Dad while he was in jail. It didn't work out.

For those who are saying get a job. I do have a job. I just don't have a permanent job, where I can expect to be needed tomorrow or the next day, or the day after so forth, or a job where I get full benefits and can file taxes and stuff. I have completely been honest about my PTSD and Depression, and I never got any calls back regarding my applications. I've even applied to McDonald's. I don't even get paid the minimum $9 wage in California. I get $7 an hour. I do not see the need to hide my "personal demons" from my employer(s), because I don't want it to effect me in future. All in all, I am currently making $336+ a week. Working 6 days a week, sometimes here, sometimes there, but that is what people are willing to pay me. Sure if I could not tell my employers about my Depression, then maybe I would get much more and benefits and a better job then cleaning other people's messes.

And whoever said "I work 40 hours a week" well, my Mom works 40 hours a week, and makes $360 a week, $18,720 a year MINUS the expenses. She is a CNA, her weekends are spent doing paperworks at home and now chasing after our lawyer. She has to wipe people's butt that cannot wipe themselves. My Sunday's are spent looking for someone who is willing to pay me atleast $5 to clean their yard. If not, then I spend my Sunday researching about better career; Police Officer, Therapist for Children, CNA, managing a Poultry Farm etc.... So you see I don't just sit here and talk about how difficult life is, I know and am living through the difficulties. Comparing your situation with mine, or my mother's, or mine with yours, does not matter at all. Each indivitual have different needs and struggles in life. Sure lets say everyone one of us who commented on this thread have PTSD and depression, but that doesn't mean my (or yours) is comparable.

Now if I may be excused, I am reading success stories on here about i212 & i601. Talking about what I do or should do as a living is not why I joined or created this thread. This has easily went off topic. I'll repeat myself ones again, I'm here to find out what are the possible paperworks need to be filled out from what I've shared so far, which I think (unoffically) would be i212 & i601.

Your story keeps changing. Now you say you have a job? People told you to get one because all you talked about is what your mother earns a year and you kept repeating that you have PTSD like it was something that makes people unable to work.

Why are you being "honest" about your PTSD if you clearly see that it completely holds you back from getting a better paying job? Have common sense. Of course no one wants to hire someone who keeps talking about his severe depression and PTSD. A lot of people are going through extremely stressful periods in life, you are not the only one, trust me.

Face the facts. Your dad has been illegaly in the United States for 15 years and went to jail for 4 years for a serious crime (domestic violence). I'm sure that you don't like all the answers you get on this forum. But you also have to understand that the vast majority of us came here AND stay here legally (investing thousands of dollars, time, effort, tears). Don't expect sympathy from everyone.

1. You KNOW you can't get a good paying job if you mention your mental disorder in your applications, yet you STILL do it. Your answer: "You don't want it to effect you in the future". How would it effect you seriously?

2. You KNOW you have PTSD yet you don't want to get it treated with medications. Your answer: Because you don't believe in medications.

DECIDE what you want. Be a victim and feel sorry for yourself OR get yourself together and face challenges in life like an adult. The choice is yours.

Get your PTSD treated. Get loans. Go to college. Follow your passion (I'm sure you have some talents). Take your life into your hands. Make something out of yourself. All you can do now is to support your mom financially, mentally, physically and emotionally. You can get through this - but you have to want it.

Good luck to you!

[southcoast 27]

You said earlier that you have a lawyer. It is probably best if you work with him. The case went through immigration court, the BIA, and the 9th circuit. Obviously there is a final deportation order in place so nothing is going to happen unless the case is reopened by the immigration court- at least not while your father is in the US. They are holding him without bond so it appears that they aren't interested in working with you. You could apply for a stay of removal with ICE, but again, if they were hot enough for him to go out and arrest him right after the 9th circuit ruled- then they probably wont grant a stay. It sounds like your father committed an aggravated felony ( a crime of violence for which a sentence of 1 year or more was given). He could still be eligible for a waiver in court- but not until the court reopens his case. At any rate it sounds like you should work with the lawyer. You said earlier that he had charged you 5,000.00 which is incredibly cheap to litigate a case in the Circuit Court in addition to all the preliminary immigration court work. He is working for next to nothing and you should probably trust him over people who don't know all the facts of your case.

Edited May 15, 2015 by southcoast