deportation story

perkuszewski

Registered Users (C)
Thank You for posting all the informations. They are very helpful in may cases, although I couldn't find similar case to mine. Perhaps I didn't research good enough.
So let me start with it. I came to chicago in 2000 on a tourist visa for 6 months. I got extension for another 6 months. After one year of course I didn't leave, so I became "overstayed". That was in 2001. Also during that period of time i was working.
In 2002 i met my wife (US citizen), and in 2003 may we got married, so everything seemed to be just fine. I was told that Our case will be easy and quick. So we went on Our honey moon - driving trough USA. I mean Chicago - California - New Mexico - New York. In New York we drove to Niagara Falls, which was a big mistake.
I hope that somehow You can imagine (for those who didn't go to Niagara Falls) that there is a bridge that takes You straight to Canada. My mistake was to drive trough the bridge. When we entered the bridge, we just paid a fee like on a toll-way. No one asked us for any form of ID or told Us that now you are leaving USA. I just didn't expect to be that way. At least , I though , there should some kind of sign over there. Anyway , my fault, we left USA, got to Canada, where they told us to go back , because i didn't have permission to enter Canada (my wife could easily enter as a US citizen. So on our way back we got stopped. I was interrogated by immigration officers and held in custody for about 4 hours. It wasn't the most pleasant experience, we were told that I'll be deported, that our marriage means nothing, and more similar things.
After-all i was released , with a court hearing for my deportation. We got ourselves a lawyer, and started filling for I-130. our case was moved to Chicago and first hearing we had in august 2003. Luckily, our judge seemed to be understanding , so we were granted with more time. Next hearing in court was scheduled in may 2004.
We hoped by that time our I-130 will be approved. This time we didn't have too much of luck, and we had to ask judge for a postpone. Once again we were granted with more time - now next hearing will be hold in february 2005. So now , we though , by next court we should have our I-130 approved.
In the meantime I was able (with of course help of our lawyer) to get work authorization for a year. That was so great, finally I could find better job and what more important i didn't have to be afraid for a little while (won't be fired because don't have legal papers).
Our I-130 in october 2004 was moved from Nebraska to Chicago to supposedly speed up our case. It looks good on paper only, in real life it doesn't work like that. Our lawyer for requesting to speed up the process, because our hearing date was getting closer.
Just to clarify we have to have an interview for approval of I-130, because of my deportation case. Also I can't apply for I-485 till deportation case will be removed. One more time judge gave us more time - this time only till may 2005. We tried to make an interview trough InfoPass, hoping , that at least we'll bring some attention to our situation. In mean time lawyer sent about 5-7 requests for interview because of upcoming court hearing. The only respond we received was that after april they will start processing our case.
But after april are other months - it could be as well as december. So this time stretching already our judge relation we asked for one more delay, because we had nothing new to show to the judge. Luckily we were granted one more extension with hearing date in february 2006. A week later we received a letter from immigration inviting us for an interview (approval of I-130).
Today on june 8 2005 when I'm writing this short story, we are after the interview. We were approved!!!!! Finally something started moving in our case. Also most likely will try to move our hearing date - so we can get rid of that deportation hanging right over me. Finally we feel more secure, and have much more hope, that everything now is just matter of time and will be just fine. I'm telling You, it's not easy living when You can be deported any time, separated from Your loved ones. We had it for about 2 years now and it's getting better.
I'm about to renew my work authorization tomorrow , so it'll allow me to keep my job. By the way it's very strange , the only reason for me now to have my work permit is because my deportation status.
Now at this point we don't know if we can start applying for I-485 or we have to go to the hearing first. Also I don't know if we have to apply for I-485 in the front of judge (because of deportation).
My lawyer, who is really helpful to us, is unsure what to do. I know that he'll find out the right way for us. Maybe there is someone with similar case, or someone who would like to share knowledge in this matter. I'll be more than happy also assist anyone in similar case if You have any concerns.
Thank You once again for reading the story.
p.s. I'll keep You updated on our case.
 
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JoeF said:
No offense, but your post is impossible to read.
Please at least use newlines once in a while. That structures text much much better.[/QUOT

get a life!!!! I read the story perfectly...gald you case got resolved
 
In what reason, the judge grand you request for postpone your hearing. Ihave similar situation. My mom has a deportation master hearing. I expect to get the citizenship in six to 12 months. After I got my citizenship I can apply a green card for her. My question is that what options do I have at the master hearing? Can I tell the judge that please waiting until I get my citizenship, then I can apply for green card for her? My lawyer suggests applying asylum for her at the master hearing. Please provide your advice. My mom is 74 years old and has no home in her home country?
Thanks!
csren
 
I think you can submit your I485 in immigration court

I guess you can file your I485 in immigration court before the hearing. My spouse was in a deportation case before. We filed for my spouse's I485 in immigration court before the hearing date. I guess this helped in our favor to terminate the deportation case.

Our story:
My wife has been arrested when she was in a friend's store at the cash register. At that time she was on H4. Later she was released on a bond. She did not work there. She was just covering for a person for 5mins. The other person went to get lunch. Border Patrol office wants to arrest that person as she was out of status and staying illegally. They took my wife into custody at the time as their system was showing that she was also out of status. But she had a valid status as H4 from the day she came to US. That was an unfortunate situation that she was there at that moment.

I filed my 485 at VSC in 2004 beginning. My wife's 485(dependent) is filed with immigration court in mid 2004, while her case was pending at the immigration court. Now the case is terminated based on pending 485 and pending 601(Application for Waiver of Grounds of Excludability, based on hardship to spouse and US born child). Judge told to apply for 601 to terminate the case.

My wife's 485 has been transferred from the court to the local district office and from there to VSC. We applied for her EAD and AP in the beginning of 2005. And these are approved in April 2005. Recently we were able to get my wife's I485 and I601 receipts.

Please let me know if you have any questions on filing I485 in immigration court. Please not that ours are Employment based application. I do not know much about I130 and family based green cards.
 
aakupachha said:
I guess you can file your I485 in immigration court before the hearing. My spouse was in a deportation case before. We filed for my spouse's I485 in immigration court before the hearing date. I guess this helped in our favor to terminate the deportation case.

Our story:
My wife has been arrested when she was in a friend's store at the cash register. At that time she was on H4. Later she was released on a bond. She did not work there. She was just covering for a person for 5mins. The other person went to get lunch. Border Patrol office wants to arrest that person as she was out of status and staying illegally. They took my wife into custody at the time as their system was showing that she was also out of status. But she had a valid status as H4 from the day she came to US. That was an unfortunate situation that she was there at that moment.

I filed my 485 at VSC in 2004 beginning. My wife's 485(dependent) is filed with immigration court in mid 2004, while her case was pending at the immigration court. Now the case is terminated based on pending 485 and pending 601(Application for Waiver of Grounds of Excludability, based on hardship to spouse and US born child). Judge told to apply for 601 to terminate the case.

My wife's 485 has been transferred from the court to the local district office and from there to VSC. We applied for her EAD and AP in the beginning of 2005. And these are approved in April 2005. Recently we were able to get my wife's I485 and I601 receipts.

Please let me know if you have any questions on filing I485 in immigration court. Please not that ours are Employment based application. I do not know much about I130 and family based green cards.

Why couldn't your wife just show her National Passport with stamped H-4 in it? If it was a USCIS mistake that they didn't have an appropriate record for your wife the lawer should have explained the whole situation to judge. I don't understand what was the point to pay the bail bond if she was absolutely legal in U.S.
 
We showed the passport and the I94. But the officer thought that my wife was working there. Our lawer wrote letters and tried to resolve the case before the hearings. But it did not work.
 
aakupachha said:
We showed the passport and the I94. But the officer thought that my wife was working there. Our lawer wrote letters and tried to resolve the case before the hearings. But it did not work.

Then, I don't understand what she was charged with. I thought u said they incriminated illigal presence in U.S.
 
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Thank you so much for the reply and sharing your information. My mom has been here more than 5 years. That is why I don't understand why my lawyer suggest applying asylum since it is more than 5 years now. I only have green card now. I am not sure if I can apply I-485 for her or not now. Please advice on that. How can I apply 485 for her. Please advice what are other options for me.
Thank you again!
csren 
 
> Then, I don't understand what she was charged with. I thought u said
> they incriminated illigal presence in U.S.

If you work on a non-work visa, you violated your status and as a result you are unlawfully present.
 
csren said:
Thank you so much for the reply and sharing your information. My mom has been here more than 5 years. That is why I don't understand why my lawyer suggest applying asylum since it is more than 5 years now. I only have green card now. I am not sure if I can apply I-485 for her or not now. Please advice on that. How can I apply 485 for her. Please advice what are other options for me.
Thank you again!
csren 

You will need to become a citizen before your can even file an I-130 for your Mother. Typically, judges do NOT continue cases for you to get citizenship. If there is no benefit available at the time of the Master Calendar Hearing, the judge will order removal.

What are the grounds of removability listed on the Notice to Appear? The goverment will need to prove that she violated the terms of her status. Can they prove it? Unless the proof is very simple, there will need to be an Individual Hearing scheduled. That will not take place for several months (at least, maybe more like 2 years) so you might have time to get your citizenship and petition for her, assuming that an Individual Hearing is required.
 
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Jim,

Thank you so much for your feedback. The grounds of removability listed on the Notice to Appear is the following:
"You have been addmitted to the US, but are deportable for the reasons states below:
1. you are not a citizen or national of the US;
2. You are a native of XXXX and a citizen of XXXX."

Is there any chance to have an Individual Hearing schedeuled in this case. For what reason we can ask for an individual hearing?

I would appreciate your feedback!

csren
 
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