Removal proceeding under section 240..

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ReneM.

Registered Users (C)
Let me start by saying that this is one helpful site I have ever ran into. So lets begin.

I was brought here in the U.S on 1989 without admitted or paroled (illegally), at that time I was 8. Since then my mother went through proper channels to get us our residency through abc and 15+ years she got hers, soon after she passed away. Two years later my wife and I get a letter to go see a immigration officer . Soon after that interview it seem that we didnt have enough proof to show that I was filing under abc so everything fell through. He said we would get another letter to see an immigration judge.

The letter is now here and our appointment is set on Aug 21'st 2007. We are afraid that we may lose everything we earned here in the u.s Our home, our daughter who was born here in the u.s. My wife is from Mexico and I'm from Guatemala. None of us have family there and we hardly speak Spanish.We both started elementary school here and both graduated from high school, also attended college. I don't think I have enough evidence in our case as far as what type of program we file for.

So what can I do to overturn our removal? Is that it, everything at loss? I have hope and I'm willing to do anything to keep my family together and most part I cant live without my wife and two year old daughter. This sucks, I was brought here at a young age only to find out years later that I'm illegal.:( I do thank my mother though for everything she did for me, a better life and live the American dream, is what I was doing until I got this notice.

Thanks for reading, I will call for an attorney and see what can they do for me and my family.
 
Hi,

I feel so bad for you having to go through this. You have several big plus points going for you. The fact that you have been in this country for more than 10 years is huge. I hope this is also the case for your wife. You need to collect all your school records, bills etc. and prove that you have been here for the longest amount of time. 2ndly, even though it is not right, the US govt. has different rules for different countries as far as immigration is concerned and all are not equal by any means. The fact that you are both from Latin American countries is definitely in your favour. The fact that your mother obtained her US citizenship is also in your favour.

You need to find a good lawyer. Make sure you interview the lawyer and find out how many cases he has done of the same nature. Through my own experience I can tell you that each lawyer has their own speciality. I am not sure where you are located but if you want the name of my lawyer in Los Angeles you may send me a private message. Good luck!
 
My case is closely related to yours. My Green Card application was denied earlier this year, and we received an NTA. Me and wife are also from different countries. There is one last option in immigration law called cancellation of removal (COR). Only a judge can make the decision, whether you have met the qualification for it or not. If the judge decides that you're eligible for it he will grant you permanent residency if he denies it, then for all intents and purposes, you'll have to leave the country. It's not an easy thing to get, and there are several preconditions.

1. You have to have resided continuously in the US for at least 10 years.
2. You have to prove that deporting you would cause extreme hardship to your wife or children whichever one is a US Citizen. Extreme hardship to you does not qualify.
3. You have to have not been convicted of any crimes (felony) in the last 10 years, and prove that you are a person of good moral character for that period of time.

So, get a lawyer asap and see what they can do for you. Do not represent yourself in court. If you need more time to find a lawyer tell that to the court.

Good luck. I'd like to know what hapen in your case, so send me a message at my private e-mail address after you court date in August.
 
private e-mail

bahamas68 said:
My case is closely related to yours. My Green Card application was denied earlier this year, and we received an NTA. Me and wife are also from different countries. There is one last option in immigration law called cancellation of removal (COR). Only a judge can make the decision, whether you have met the qualification for it or not. If the judge decides that you're eligible for it he will grant you permanent residency if he denies it, then for all intents and purposes, you'll have to leave the country. It's not an easy thing to get, and there are several preconditions.

1. You have to have resided continuously in the US for at least 10 years.
2. You have to prove that deporting you would cause extreme hardship to your wife or children whichever one is a US Citizen. Extreme hardship to you does not qualify.
3. You have to have not been convicted of any crimes (felony) in the last 10 years, and prove that you are a person of good moral character for that period of time.

So, get a lawyer asap and see what they can do for you. Do not represent yourself in court. If you need more time to find a lawyer tell that to the court.

Good luck. I'd like to know what hapen in your case, so send me a message at my private e-mail address after you court date in August.
Click to expand...

I sent you private e-mail. I would appreciate it if you respond to me.
 
Thanks for the help! I found an attorney and as of right now I'm gathering school records, vaccinations, bills, marriage license, IRS forms and my daughters birth certificate. I've have never been convicted of anything nor have I ever been cited for a traffic ticket:eek: . All my records start from 1988 to this date, I will keep you guys updated and I cant wait to get this over. If I dont respond after the 21'st of August, well you know what happened! btw I have over 60K funds in my bank account, If I get deported would I be able to take my money and belongings?:D Dunmb questions but hey, I worked hard to ge them...lol Just a lil sense of humor.
 
Good luck Rene! Rest assured the money in the bank is your own and no one can touch it even if you get deported.
 
Just got back from court, the judge looked at our case and later gave another court hearing for Nov 20th 07, before our master hearing sometime in Feb 08.

We are filing under NACARA and our attorney is now requesting a copy of ABC or TPS that should have been filed from my mother anytime before 1990. He said with this asylum form of either program can make my case so much easier because he says by us claiming my daughter as hardship if seperated wont be enough to grant us.:(

So now I have about one month to look for my mothers abc or tps copies to show the judge. Where do I begin? I was about nine years old when she filed that so is there a way I can find a copy from immigration? She passed away in 05 so I have no clue where she would leave old copies, even as of now I cant find any of that in her old files.
 
I just found a money order receipt copy that was paid for TPS back in 92. Can that be good proof for my case?
 
ReneM. said:
Just got back from court, the judge looked at our case and later gave another court hearing for Nov 20th 07, before our master hearing sometime in Feb 08.

We are filing under NACARA and our attorney is now requesting a copy of ABC or TPS that should have been filed from my mother anytime before 1990. He said with this asylum form of either program can make my case so much easier because he says by us claiming my daughter as hardship if seperated wont be enough to grant us.:(

So now I have about one month to look for my mothers abc or tps copies to show the judge. Where do I begin? I was about nine years old when she filed that so is there a way I can find a copy from immigration? She passed away in 05 so I have no clue where she would leave old copies, even as of now I cant find any of that in her old files.
Click to expand...


How did the experience itself go. Was it confrontational? Did you have to say anything?
In your comments, you mentioned that "he says by us etc..." Who said that the judge or the attorney?
Remember it's not over till it's over. It's now been 6 mths and I'm still waiting for my court date.

Good Luck.
 
Small update... On Feb 28th I have my final hearing:eek: I have collected all the documents that my attorney requested and as of now he said we have a very strong case. We will be questioned separately by Homeland security in front of the judge, most likely basic questions. Our argument is that we apply for NACARA but they feel we dont so we must convince the judge and show evidence that we do apply. If we do win I think we do get granted on the spot, I pray to God that we do. Well I'll reply our verdict in the upcoming days! Thanks for reading.
 
I hope for good news, I remember reading this 4 months ago. I had the same problem as you, Came in the Us in 1990. Was illegaly for 15 years, my family didn't want to sign for me to stay and so I left. Its very hard on us all.
 
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