Petition concerns for previously deported parent

[Layangalab 0]

Hello everyone. My brother and I plan to petition our mother, however, we are wary of the process since she was deported 31 years ago together with our father.  Specifically, they were deported in 1986 due to my mother’s overstaying and my father participating in a “marriage-for-green card” arrangement. Below is a timeline to give you a better idea of their history:

1982-Father came to the US on a tourist visa
1983- Mother joined Father on a tourist visa
1984- My mother got pregnant with our youngest brother. 
About the same time, a woman advised my father that she can help with providing access to a green card through a fixed marriage arrangement. Out of desperation and concern for my mother’s pregnancy and wanting to stay in the US, my father agreed to the arrangement. This woman then introduced a USC willing to marry my father. My father paid the middle person $5000 and was advised to divorce my mother so he could marry the USC. Subsequent payments of more than $2500 were made to the middle person and USC.

1985- sometime after my mother gave birth to our youngest brother, immigration was tipped-off of my parent’s undocumented stay in the country and father’s fixed marriage. Prior to this, the USC has been extorting money from my parents, threatening to report them if they do not give her more.  When my father refused, she then tipped off authorities.
April 11 1986-Deportation hearing for my mother and father. Parents posted bond of approximately $5000
April 15 1986- order of deportation issued for April 29, 1986. Transportation was furnished by the government
April 29, 1986- deported back to the Philippines. Not wanting to leave behind our youngest brother, parents decided to take brother to P.I.
2012- USC brother came back to the US permanently
August 2016-Father passed away due to colon cancer
Today: My brother and I want to petition my mother after my father passed on. We have requested for USCIS FOIA and immigration court proceedings. The FOIA only provided us with deportation order but no other details of the penalties imposed, i.e. if 20-year bar or permanent bar.  As for the proceedings from the Department of Justice Office for Immigration Review, we received printed screen shots from the EOIR Case Access Sytems, a CD and a 4 track cassette tape, which we still need to convert to hear the actual court proceedings. 

In summary, the documents shared with us are the a) Notice of Hearing in Deportation Proceedings; 2) My brothers birth certificate, and c) Order to show cause, notice of hearing and warrant of arrest of alien.  There is a section in document (c) that states: "And on the basis of the foregoing allegations, it is charged that you are subject to deportation pursuant to the following provisions of law: Section 241 A2 of the Immigration and Nationality Act, in that, after admissions as a non-immigrant under Sec 101a15 you have remained in the US for a longer time permitted." There is also a section which states notice of custody determination where a box is checked stating released on recognizance. 

The print screens also mentioned that my mother was never detained but ordered deported. Under IJ decisions it stated “deportation to RP.”

Curiously, the cover letter informs us that the decision of the immigration judge cannot be located in the record of proceeding. We were told that if the decision is found, we will be notified immediately. For now, our FOIA request will be administratively closed.

My parents never returned to the US after being deported (31 years to be exact). My brother came back a couple of times until he decided to permanently live here. Now that my mother is widowed, we want to bring her back here. Our concern now is if the decision is nowhere to be found (other than the deportation), we do not know if there was a travel ban imposed on my mother. In this regard, shall we then engage the services of an immigration lawyer to help us decipher our options or just proceed on our own with the petition proceedings? Do we need to file a waiver and hardship letter?

I would greatly appreciate your advice on this matter. Thank you and wishing everyone good day.

[Cyberfx1024 7,980]

10 minutes ago, Layangalab said:

Hello everyone. My brother and I plan to petition our mother, however, we are wary of the process since she was deported 31 years ago together with our father.  Specifically, they were deported in 1986 due to my mother’s overstaying and my father participating in a “marriage-for-green card” arrangement. Below is a timeline to give you a better idea of their history:

1982-Father came to the US on a tourist visa
1983- Mother joined Father on a tourist visa
1984- My mother got pregnant with our youngest brother. 
About the same time, a woman advised my father that she can help with providing access to a green card through a fixed marriage arrangement. Out of desperation and concern for my mother’s pregnancy and wanting to stay in the US, my father agreed to the arrangement. This woman then introduced a USC willing to marry my father. My father paid the middle person $5000 and was advised to divorce my mother so he could marry the USC. Subsequent payments of more than $2500 were made to the middle person and USC.

1985- sometime after my mother gave birth to our youngest brother, immigration was tipped-off of my parent’s undocumented stay in the country and father’s fixed marriage. Prior to this, the USC has been extorting money from my parents, threatening to report them if they do not give her more.  When my father refused, she then tipped off authorities.
April 11 1986-Deportation hearing for my mother and father. Parents posted bond of approximately $5000
April 15 1986- order of deportation issued for April 29, 1986. Transportation was furnished by the government
April 29, 1986- deported back to the Philippines. Not wanting to leave behind our youngest brother, parents decided to take brother to P.I.
2012- USC brother came back to the US permanently
August 2016-Father passed away due to colon cancer
Today: My brother and I want to petition my mother after my father passed on. We have requested for USCIS FOIA and immigration court proceedings. The FOIA only provided us with deportation order but no other details of the penalties imposed, i.e. if 20-year bar or permanent bar.  As for the proceedings from the Department of Justice Office for Immigration Review, we received printed screen shots from the EOIR Case Access Sytems, a CD and a 4 track cassette tape, which we still need to convert to hear the actual court proceedings. 

In summary, the documents shared with us are the a) Notice of Hearing in Deportation Proceedings; 2) My brothers birth certificate, and c) Order to show cause, notice of hearing and warrant of arrest of alien.  There is a section in document (c) that states: "And on the basis of the foregoing allegations, it is charged that you are subject to deportation pursuant to the following provisions of law: Section 241 A2 of the Immigration and Nationality Act, in that, after admissions as a non-immigrant under Sec 101a15 you have remained in the US for a longer time permitted." There is also a section which states notice of custody determination where a box is checked stating released on recognizance. 

The print screens also mentioned that my mother was never detained but ordered deported. Under IJ decisions it stated “deportation to RP.”

Curiously, the cover letter informs us that the decision of the immigration judge cannot be located in the record of proceeding. We were told that if the decision is found, we will be notified immediately. For now, our FOIA request will be administratively closed.

My parents never returned to the US after being deported (31 years to be exact). My brother came back a couple of times until he decided to permanently live here. Now that my mother is widowed, we want to bring her back here. Our concern now is if the decision is nowhere to be found (other than the deportation), we do not know if there was a travel ban imposed on my mother. In this regard, shall we then engage the services of an immigration lawyer to help us decipher our options or just proceed on our own with the petition proceedings? Do we need to file a waiver and hardship letter?

I would greatly appreciate your advice on this matter. Thank you and wishing everyone good day.

The ban that more than likely was in place is 10 years, so your mother is well passed that time frame. Did she ever get convicted of a crime? If not then go ahead and file for her as of right now the wait is about 1 year. 

[Layangalab 0]

Thank you for the response @cyberfx1024.  As far as we know, our mother was not convicted of any crime.  However, I always wondered if the immigration court considered her as an accomplice to my father entering into a fixed marriage. The records do not tell us this though so we are hoping she was deported due to overstaying only.  We are in the process of filing I-130 but do we still need to have a waiver ready in case? 

 

Thank you so much for taking the time to respond. 

[Cyberfx1024 7,980]

2 minutes ago, Layangalab said:

Thank you for the response @cyberfx1024.  As far as we know, our mother was not convicted of any crime.  However, I always wondered if the immigration court considered her as an accomplice to my father entering into a fixed marriage. The records do not tell us this though so we are hoping she was deported due to overstaying only.  We are in the process of filing I-130 but do we still need to have a waiver ready in case? 

 

Thank you so much for taking the time to respond. 

No you would not need a waiver with the information that your provided. Since her ban time frame has passed you would not need a waiver.

[Layangalab 0]

Thank you again @cyberfx1024.  Gives me a little peace of mind and confidence to go ahead and proceed with the process. 

[Layangalab 0]

Hello everyone! 

 

My brother and I have finally decided to file I130 for our mother. My concern is should we provide copies of her deportation records (old passport, notice of hearing) along with proof of relationship? Or these should be given after approval of I130.

 

Just wanted to be certain and diligent about this process.

 

Thank you for your time.