The Horror of Deportation/Removal Story

[little immigrant 801]

Thank for your story I'm happy you're reunited. 

[Cyberfx1024 7,980]

5 hours ago, Cryssiekins said:

Depends where he works.  My lunch is supposed to be 30 minutes, but no one here abides by that and we all take an hour... today it was 2.5.  Small perks of corporate life.  (Also:  it’s an actual nice day here in Buffalo, NY and we’re right at the marina, so trying to enjoy before the snow comes back).

Same here as well. But it also helps out when the supervisor goes with you to get lunch like what happened today.

[TBoneTX 45,305]

Perhaps a record 27 posts have been removed for being off-topic, noncontributory, or quoting.

[Hypnos 6,576]

This entire thread provokes far more questions than it answers. 

 

I largely concur with the thought that many of these issues were, either directly or indirectly, caused or made worse by your actions, or lack of them. 

[CMJuilland 485]

@OP: Glad for you that you guys got a happy ending out of this.   

 

That being said, I also want to emphasize that immigration is - IMHO - (far too) often taken as a right much rather than the privilege it actually is.  

[shoowlaar 224]

14 hours ago, Neo Anderson said:

my bad i got stucked  with a crazy inmate that we have to sedate him. (i worked in prison)😝

 

LOL i can't edit my first post so here comes part 2:

 

Continuation: 

 

July  2011 that we flew back to Philippines with the plan to have our children go to school and my wife stays with her parents in Davao. ICE gave her a piece of paper to board PAL and needs to be certified in the US Embassy  when  she arrive to her home country. After we arrived in Manila, we went straight to the US Embassy and i dreaded that we have to stay for a long line to get in. Mind you, we have 2 kids in tow and the youngest is barely over a year old. Fortunately, i have my green card and CA drivers license with me that the guard in the embassy let us in reserved for US Citizens only. My wife was told to go one of the interview room and she gave the ICE paper to the lady in charge.  We left Manila and flew to Davao the next day. It's was a surreal experienced for us since we never thought it could happened. Both of us come to the US legally, both professionals, no records of arrest or any shady dealings. And yet, we are being punished for an error made by her employers. But it is what it is, we have to moved on and adapt to the situation. 

 

After spending 4 weeks in Philippines, i have to go back to California  and leaving my family was one of the hardest things ive experienced in my life. It was really hard specially for my 4 year old and he keeps crying it was unfair and why i have to leave. It's a bittersweet goodbye but i choose not to give up but keeps moving forward. After i arrived in Stockton, alone in the apartment.. it just hits me that i'm pretty much by myself with my family thousands of miles away. Talked about my faith was tested that it almost reached to its  breaking point. I only have 2  options, give up or fight back. It's gonna be long fight since the incident triggers the 10 year bar. Still a lot of unknowns and i have to be strategic with my approach.

 

First, fired my worthless lawyer and hired a very well known immigration attorney. Retainer fee is $15,000 up front and a payment plan for another $15,000 but they have to asked me several times if there was fraud involved. I told the attorney, no.. it was just mistake of wrong filing of paper works from her previous employer.  My wife was just out of status for 3 months but for some reasons it triggered a deportation hearing. So they accepted the case and i have to submit all the necessary documents and have to pay all the fees filed through the INS. Needs to file those waivers I 601 and other stuff necessary to win the case. 

 

Fast forward: 

 

I dreaded the week end, being alone can easily consumed someones mental health. One of my lawyers paralegal recommended to see a psychiatrist to checked   if i suffered depression, that will help the case. I told her NO.. i refused to be a VICTIM. Im sure there are other positive ways to get it  done besides that diagnosis will be permanent on my medical records. So i have to send pictures and other documents that showed  im rooted in my area. 

 

2013 I received my US citizenship and went to Fresno ALONE for my Naturalization. 

 

Fast forward:

Albeit the distance between us, my family were thriving in Davao. My kids get high honors and were into sports. I come home once a year for 4 weeks that's our bonding moments and we treasured every time we were together. Coming back to CA was always bittersweet. 

 

Late 2016 when i was notified by my lawyer I 485 was approved and my wife was scheduled to be interviewed in the US embassy. 

 

Late 2017 when my wife was given an immigrant VISA. After she had the passport and visa in hand and i scheduled a flight ASAP. I arrived Friday in Philippines and flew back on Sunday with my whole family in stow. 

 

Fast forward:

My wife is back working and had her green card. In 2020 she will be eligible for her citizenship. 

 

Hard Lessons:

1. It was costly lesson for us. We lost our house and got hit big time financially from lawyers fees, lost wages, travel expenses etc. But in the end, Family matters most.

2. Take seriously and be on point with your immigration issues.

3. The US Government is not your friend but i still love this adoptive country and im a PROUD AMERICAN. 

4. Resiliency and mental toughness. Go get it. 

 

glad to read you are united... lessons learnt... never ignore immigration....

[cyclone27 710]

Quite simple do immigration the right way and you will likely run into no issues but if you don’t then you are opening yourself up to whole lot of pain.

[bmqsg5h3 12]

Could you please clarify the followings?

0. When did they got married? Before coming to the US? After the OP got his green card in the US?

1. Did the OP apply for EB based green card (most likely EB3 schedule A)? If so, when?
2. When the OP filed his I-485, did his wife also file her I-485 as a dependent (spouse) of the OP (primary applicant). If not, why?
3. When did the OP get his green card?
4. Why the OP's wife didn't receive her GC when the OP got his GC? and why did she continue working on EAD?

Edited June 22, 2019 by t-ten

[USS_Voyager 1,972]

On 6/22/2019 at 10:37 AM, t-ten said:

Could you please clarify the followings?

0. When did they got married? Before coming to the US? After the OP got his green card in the US?

1. Did the OP apply for EB based green card (most likely EB3 schedule A)? If so, when?
2. When the OP filed his I-485, did his wife also file her I-485 as a dependent (spouse) of the OP (primary applicant). If not, why?
3. When did the OP get his green card?
4. Why the OP's wife didn't receive her GC when the OP got his GC? and why did she continue working on EAD?

 

I don't know about the others, but for 2 and 4: you can't adjust status when you're out of status. The only exception is for spouses of US citizens (then it doesn't matter how long the person is out of status or illegally present,  in that case, the only requirement is the person has entered the US legally)

[Neo Anderson 45]

On 6/22/2019 at 8:37 AM, t-ten said:

Could you please clarify the followings?

0. When did they got married? Before coming to the US? After the OP got his green card in the US?

1. Did the OP apply for EB based green card (most likely EB3 schedule A)? If so, when?
2. When the OP filed his I-485, did his wife also file her I-485 as a dependent (spouse) of the OP (primary applicant). If not, why?
3. When did the OP get his green card?
4. Why the OP's wife didn't receive her GC when the OP got his GC? and why did she continue working on EAD?

We got married after she had issues with her immigration. Early 2000's, H1B immigration processing i believed  is a tad different compared to the current system. I could be wrong though but based on my reading here at VF. But in all honesty we don't really know much how the immigration processing works but simply trusted our companies lawyers. Hind sight is 20/20 i wish i could have prevented it but there's no do over. 

Edited June 24, 2019 by Neo Anderson

[bmqsg5h3 12]

I was in H1B status around 2000 and got GC by filing I-140/I-485 (EB2 NIW self petition w/o lawyer) in 2004. I know the employment based process around 2000’s.
H1B workers are not required to obtain EAD. Why OP’s wife was renewing EAD every year? That's very strange. What was her status after she got the issues?

I wonder why she didn’t switch to H4 and file I-485 as OP’s dependent. I guess her lawyer was totally incompetent.

 

[Neo Anderson 45]

51 minutes ago, t-ten said:

I was in H1B status around 2000 and got GC by filing I-140/I-485 (EB2 NIW self petition w/o lawyer) in 2004. I know the employment based process around 2000’s.
H1B workers are not required to obtain EAD. Why OP’s wife was renewing EAD every year? That's very strange. What was her status after she got the issues?

I wonder why she didn’t switch to H4 and file I-485 as OP’s dependent. I guess her lawyer was totally incompetent.

 

as far as my recollection goes, she obtained an EAD so she can work with other employers part time. When she applied for adjustment of status and that's where they found out that she was out of status for 3 months. Then it was going down hill from there. It's really a tough learning curved for us. 

[Jawaree 717]

On 6/21/2019 at 4:43 PM, Jeanne Adil said:

Actually way i google it Obama deported more than Trump

 

Under the Obama administration, ICE deported more than 385,000 each year in fiscal years 2009 through 2011, and hit a high of 409,849 in fiscal 2012 — prompting critics to dub Trump’s predecessor “the deporter in chief.” The numbers then dropped to below 250,000 in fiscal years 2015 and 2016.

True.

 

Frankly I think OP and family should have used the period waiting for 2nd baby's birth

to short sale their home, ship a few stuff and go home, it would have been easier to reapply possibly with waivers at a later date. and may have been able to been approved for the overstay....With that almost decade of ignoring the orders I guess they'll wait for the babies to be 21 to petition them (if such law still exisis

[HRQX 4,145]

9 minutes ago, Jawaree said:

With that almost decade of ignoring the orders I guess they'll wait for the babies to be 21 to petition them (if such law still exisis

OP's wife eventually received an Immigrant Visa and entered the US:

On 6/21/2019 at 4:26 PM, Neo Anderson said:

Late 2017 when my wife was given an immigrant VISA. After she had the passport and visa in hand and i scheduled a flight ASAP. I arrived Friday in Philippines and flew back on Sunday with my whole family in stow. 

 

Fast forward:

My wife is back working and had her green card. In 2020 she will be eligible for her citizenship.

 

[Jawaree 717]

On 6/21/2019 at 4:43 PM, Jeanne Adil said:

Actually way i google it Obama deported more than Trump

 

Under the Obama administration, ICE deported more than 385,000 each year in fiscal years 2009 through 2011, and hit a high of 409,849 in fiscal 2012 — prompting critics to dub Trump’s predecessor “the deporter in chief.” The numbers then dropped to below 250,000 in fiscal years 2015 and 2016.

True.

 

Frankly I think OP and family should have used the period waiting for 2nd baby's birth

to short sale their home, ship a few stuff and go home, it would have been easier to reapply possibly with waivers at a later date. and may have been able to been approved for the overstay....With that almost decade of ignoring the orders I guess they'll wait for the babies to be 21 to petition them (if such law still exisis

On 7/7/2019 at 10:57 PM, HRQX said:

OP's wife eventually received an Immigrant Visa and entered the US:

 

Very glad for you and family bro