Deportation Need Help - NTA for Removal I-862

[jcahanes 1]

All,

 

My friend just received an I-862 Notice to Appear for removal proceedings.

 

He is from Vietnam and received an F11 visa (unmarried son of a U.S. citizen)

On 10/01/2010 they told him that he would no longer be eligible for the visa if he got married before he entered the U.S.

He got married on 11/01/2010

He entered the US on 11/21/2010

 

They are saying that his F11 visa was invalid due to his changed marital status and that there were no F31 visas available at that time.

 

Is there any hope for him? He has since brought his wife and children here. As well as having a daughter born in the US. The lawyer we talked to wanted 15k.

 

He is a good man and his family desperately needs help.

 

Thank you.

 

Edited July 5, 2017 by jcahanes

[Boiler 46,132]

Maybe CoR? Anyway he is going to need a really good lawyer.

[Coco8 1,042]

If he is going to court he needs a good lawyer because people without lawyers just get deported.

 

You should talk to multiple lawyers to try to see what they say, but also look for people with experience on removal proceedings. You could also contact non-profits or ACLU, maybe they can recommend lawyers. 

 

If the wife has a green card, she should consult the lawyer because she might be able to become a US citizen by now. If the lawyer agrees she could get citizenship, she should do it and the kids will automatically become citizens. I'm not sure if in this situation she could apply for citizenship, that is why I recommend asking the lawyer. 

Edited July 5, 2017 by Coco8

[jan22 3,064]

4 minutes ago, Coco8 said:

If he is going to court he needs a good lawyer because people without lawyers just get deported.

 

You should talk to multiple lawyers to try to see what they say, but also look for people with experience on removal proceedings. You could also contact non-profits or ACLU, maybe they can recommend lawyers. 

 

If the wife has a green card, she should consult the lawyer because she might be able to get the citizenship by now. If the lawyer agrees she could get citizenship, she should do it and the kids will automatically become citizens. I'm not sure if in this situation she could apply for citizenship, that is why I recommend asking the lawyer. 

If his immigration is deemed to have been obtained fraudulently and therefore invalid,, there is no way his spouse and non-US-citizen children will be allowed to remain as permanent residents, as their immigration status derived from his.

Edited July 5, 2017 by jan22

[geowrian 22,338]

Yeah, he's going to need a good lawyer...this is not a DIY case and with potentially very serious consequences for multiple individuals (not just him). I don't understand why in the world somebody would get married after being told that doing so would invalidate their ability to use the visa, then ignore that and use it anyway. But yes, his visa was invalid because he no longer met the requirements of the visa (unmarried son of a USC).

 

Another potential issue is if he ever claimed (to CBP or on any forms) to have been unmarried or used false marriage dates when he entered the US. If there's plausible deniability, it could be argued that it was a mistake but wasn't fraud, which hopefully a good lawyer could use for CoR. If he knowingly made a false claim about his marriage status or date, then I wouldn't expect much hope to be honest.

 

Either way, he needs to seek a good immigration attorney that deals with removal cases. This is a very serious matter.

[Hypnos 6,578]

CoR is probably the best/only shot he has.

 

It was a supremely bad idea to marry before entering--especially given that they specifically warned him not to do it.

 

He should be aware going in that deportation is the most likely outcome.

[sparkles_ 456]

Getting an NTA for that is kind of a no win situation. It's clear the person chose to disobey the rules of remaining unmarried but managed to slip through the radar of immigration on that til now.....that visa status should have never been granted. He no longer has any relief to removal for that reason either unless his wife is a citizen by now and could petition for him.

 

Even then, there was fraud involved with the original visa. Pretty sure that can give someone a ban of varying years for adjusting.

 

Lawyer up. 

Edited July 5, 2017 by sparkles_

[sparkles_ 456]

55 minutes ago, jan22 said:

If his immigration is deemed to have been obtained fraudulently and therefore invalid,, there is no way his spouse and non-US-citizen children will be allowed to remain as permanent residents, as their immigration status derived from his.

Excellent, yet very sad point 

[Coco8 1,042]

44 minutes ago, geowrian said:

Another potential issue is if he ever claimed (to CBP or on any forms) to have been unmarried or used false marriage dates when he entered the US. If there's plausible deniability, it could be argued that it was a mistake but wasn't fraud, which hopefully a good lawyer could use for CoR. If he knowingly made a false claim about his marriage status or date, then I wouldn't expect much hope to be honest.

Yes, the weird thing is that if the family got green cards, then he presented the marriage certificate as evidence for their immigration process. Hopefully, that could strengthen the mistake aspect. 

 

Some of the following can help as evidence for a CoR (cancel of removal):

 

Family ties within the U.S.

Residency of long duration in the U.S.

 Evidence of hardship to the respondent and family if deportation occurs

Service in Armed Forces

History of employment

Existence of property or business ties

Existence of value and service to the community

Proof of genuine rehabilitation if a criminal record exists

Evidence attesting to a respondent's good character.

 

 

 

Edited July 5, 2017 by Coco8

[Cathi 5,787]

1 hour ago, Coco8 said:

If he is going to court he needs a good lawyer because people without lawyers just get deported.

 

You should talk to multiple lawyers to try to see what they say, but also look for people with experience on removal proceedings. You could also contact non-profits or ACLU, maybe they can recommend lawyers. 

 

If the wife has a green card, she should consult the lawyer because she might be able to become a US citizen by now. If the lawyer agrees she could get citizenship, she should do it and the kids will automatically become citizens. I'm not sure if in this situation she could apply for citizenship, that is why I recommend asking the lawyer. 

 

If he received his visa fraudulently then his wife and children would automatically have their green cards revoked. Their immigration status is derived from his.

Edited July 5, 2017 by mimolicious

[Davejj 31]

2 hours ago, jcahanes said:

All,

 

My friend just received an I-862 Notice to Appear for removal proceedings.

 

He is from Vietnam and received an F11 visa (unmarried son of a U.S. citizen)

On 10/01/2010 they told him that he would no longer be eligible for the visa if he got married before he entered the U.S.

He got married on 11/01/2010

He entered the US on 11/21/2010

 

They are saying that his F11 visa was invalid due to his changed marital status and that there were no F31 visas available at that time.

 

Is there any hope for him? He has since brought his wife and children here. As well as having a daughter born in the US. The lawyer we talked to wanted 15k.

 

He is a good man and his family desperately needs help.

 

Thank you.

 

How come you are writing on his 'behalf'?

[Roel 7,193]

Well sorry to be blunt but it's his own fault. His visa and green card are invalid. His family is also in the USA illegaly.  Worst thing is he knew what will happen if he got married and he did it anyway. Sounds like he did it on purpose to cheat the system and avoid the spouse visa process for his wife. 

[Coco8 1,042]

6 hours ago, Roel said:

Well sorry to be blunt but it's his own fault. His visa and green card are invalid. His family is also in the USA illegaly.  Worst thing is he knew what will happen if he got married and he did it anyway. Sounds like he did it on purpose to cheat the system and avoid the spouse visa process for his wife. 

 

I don't know how he could have avoided the spouse visa for his wife by getting married. You should not jump to conclusions. If he brought his wife and children, then he probably applied for F2 visas and those take 2 years. Sure, he should have used the F1, gotten back to Vietnam a few months later and married, and then started their paperwork, instead of getting married right before getting on the plane. 

[DrEllaNJ 288]

how did his wife and kids get here? Spousal visa or tourist visa?

[caliliving 606]

11 hours ago, jcahanes said:

All,

 

My friend just received an I-862 Notice to Appear for removal proceedings.

 

He is from Vietnam and received an F11 visa (unmarried son of a U.S. citizen)

On 10/01/2010 they told him that he would no longer be eligible for the visa if he got married before he entered the U.S.

He got married on 11/01/2010

He entered the US on 11/21/2010

 

They are saying that his F11 visa was invalid due to his changed marital status and that there were no F31 visas available at that time.

 

Is there any hope for him? He has since brought his wife and children here. As well as having a daughter born in the US. The lawyer we talked to wanted 15k.

 

He is a good man and his family desperately needs help.

 

Thank you.

 

call lizz cannon she is the best and will give you some great advice.  this is not something u can do on your own