After 17 years -Removal proceeding under section 240

M

magra

Registered Users (C)
I am originally from Germany and have been in the U.S for 17 years (since 1991) after coming here on a regular tourist visa. I got married in 1999, but my wife happened to be German as well, so there was no benefit as far as immigration status is concerned. I incorporated a business in 2000 and started paying taxes, using the tax id. In 2000 I also filed a labor cert under 245(i) (life act) which was now denied based on 'ability to pay' (there were 2 years where the employer posted a loss on their tax return due to hurricanes).

I now received a letter from the DHS about 'Removal proceedings under section 240' with notice of an upcoming appearance before an immigration judge. As far as I know this is the final step in regards to our legal status and the judge will make a decision to deport or grant residence.

My question:
Is anybody familiar with the 'real world' chances we have to get the judge to grant us permanent residence?

Here is some background info that describes our current situation:

We have two U.S born kids (5 and 9), who do not speak German (although they can understand some). We bought a house in December 2007, have had our own health insurance for years, never took advantage of any social services, never had a speeding ticket or trouble with the law, the kids have prepaid college plans etc. I run my own business, make more than 150k a year, pay taxes and social security, we have no debts other than mortgage and car payments- everything is basically honky dory, except for our legal status of course.

What do you think are our chances to walk out of these proceedings with a green card option rather than a deportation order? I would really appreciate any thoughts on this. My main concern is the `exceptional and extremely unusual hardship` that we are required to argue.
 
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based on your description, I assume that both of you were out of status at this point, correct?

You will need to have a good and experienced attoney assist you going through the proceeding if you are looking for any chance to stay. Immigration law will not provide you the "court pointed" attoney as criminal staue does. Without a good representation, the chance of avoid "Order of deportation" will be slim.

With that said, I am sure there is some relief that could be applied. You should be able to apply for adjustment for status and along with the waiver. The specific waviers might eligible to your situation will depends on the detail circumstance. Again, an experienced immigration attoney will definitely help you with that.
 
Yeah, you definitively need an experienced attorney. At least you didn't enter on VWP, so your case will be heard by a judge and you won't be deported based on an administrative decision. But still, you broke the law for the last 20 years so deportation is likely, but might be avoidable with a good attorney. Having anchor kids usually doesn't work in your favor.
 
I think depending on your situation, you may have a good chance that the immigration judge will grant you a relief from deportation. It seems that all these years you had been a model citizen (?) and in good financial position. You mentioned that you have your own business, if that is so, do you employ US citizens in your business. If you do create jobs for US citizens then that can have a positive impact in your application. Paying taxes regularly is a very good thing as some of the judges consider it to be a very important factor. You have to have an immaculate record of it. Having said all these, you do have to hire the best immigration attorney that you can get. An attorney or firm that practices in the same immigration court where your case will be heard. Belive me who is represnting you and what kind of rapport he/she has with the court officers can make a big difference in these marginal cases. So your first step would be to interview a number of the immigration attorneys and select the best one that you can find to represent you. Remember that the key element is to find and select an attorney who is well known in defending clients in the immigration court that you will be facing. Having said this, once the process starts, it can be a long one. On the first date usually both the parties will want more time to examine the case and another court date will be set. Then based on how the process continues two or more dates could be fixed. Finally based on the decision by the court both you and the government would have the right to appeal and the process goes on. Do not expect that a decision regarding your case will be made on the very date when you have to face the immigration court for the first time. Good Luck.
MGM
 
Thats kind like my story came in the Us in 1990 from Luxembourg right next to Germany I dont even speak the languages here just english and broken french. I think they should let you stay due to having kids and making your own money. I was illegally in the US for 15 years and all I needed was my sister to sign but didnt.

Mike.
 
None of these arguments are relevant in removal proceedings. The US deports parents of US citizens all the time, even if that means that small kids have to go live in pretty lousy parts of the world. Again, there are certain amnesty programs that might apply to you since you have been here during the Clinton amnesty years. Go find a good attorney.
 
Your only way after thinking this weekend for you was have a parent, brother or sister sign for you to stay to remove deportation. Is your wife a US citizen??? Get a lawyer man. I have read stories that where just like yours and people ended up in south american. US is bs when it comes to immigration.
 
mikekite86

We have all read your plight and yes it reads like something out of White Trash theater, but stop pissing and moaning about the U.S. and the immigration system - it's not doing anything to further your cause,

We all know the system is greatly flawed, but get over it and work with it. We all know that you were deported to a country where you don't speak the language etc. But we have not really seen you do anything creative to rectify the situation.

In your original post from a long time ago, someone said you had an excuse for every solution as to why you could not pursue each avenue. Get over it and move on. Your negative thinking is severely hindering your ability to solve your immigration problem.
 
simsd - Am trying to do the best of my situation and trying to fix it and all. I have a lawyer telling me I have a chance with the S visa as a witness or the U Visa as a victim. I don’t need to be told it’s a white trash story. Its very hard to deal with the stuff that happened to me, and to be here and deal with all of this when all I want to do is go back to here I grew up, where I got my life at. And to pay because of my mothers mistakes. I don’t like the feeling of having this done to my life and just to hear the words. “deal with it” or “that’s just life” if you can’t make a stand for it. Then no one else will. I don’t make excuses for everything. I went out saved up money got the information told my story and so on. And yell yeah am pissed off, I got every right to be. The problem is, no one came looking for me and just let me stay there in the US. If you ask me, sounds like a problem within the system and no one did their job.
 
Please let's keep the personal attacks or emotions towards each other out of public discussion forum. The purpose of the fourm is to increase the awareness and knowledge as we, immigrants to become more educated in dealing with our future.

Just my 2 cents.
 
simsd - You got me thinking during lunch, and it is normal that there will always be people like you with a negative vibe. Here read some of these stories.
http://www.myimmigrationstory.com/
How some people age 12 came into the country and are almost 30 and stuck in some country they really don't want to be in.

As someone else said in another website "You don't really understand the immigrant experience (the emotional aspect of it) so you just think you can make these ridiculous blanket statements about "fairness" but you really don't understand what you're talking about. You have no clue why these people left (I mean, really, you don't -- you think you have it all figured out but until you experience something like this you'll never know what it feels like to leave your homeland behind) and then to be FORCED to go back home when you thought you were playing by the rules? It's a lot more complicated than your oversimplified American idea of "abiding by the rules.""

Being Forced, and leaving on your own terms and being able to come back are 2 different things. You have not walked in my shoes trust me, I don't think anyone really could.



Citizentobehz - Sorry I just had to reply to him because that pissed me off, Calling my story "White Trash theater" Man he should maybe you should read a few chapters I wrote.

Mike.
 
Good - I pissed you off - and got you thinking. I have had a ton of adversity getting here - one road block after another. But I never took "No" for an answer. I want you to channel all of that anger you have at the system and spin it into a mission that you will get through this. I get it, that you are extremely pissed at the way things turned out - and yes we know it's not your fault.

So know you have to take the bull by the horns and fight back - but not at us, but by figuring out what you need to do. Everytime someone says "No" you need to find a way around it.

Where does your case stand at this point in time?

What are the possibilities for you coming back? Forget the S visa because that's just going to be your word against someone else's. And it will be like a vendetta. Did you go to college here? Did you get a degree? What are the ins and outs of the U visa.

Forget about your family as they are virtually non-existent in your world anymore.
 
Simsd - You didn't piss me off that much, I said you got me thinking. Okay pissed me off, cause there is more to my story that am telling you guys on here. Road blocks after another is just part of life with no way out so you make a way out. I don't take NO for an answer easily. I keep on going, I had a company up in Canada trucking, and so on. I never gave up easily in life in anything I did, I kepted trying and trying. Even when I was illegally in the US. I had got a Inc. And tried to sell anything I could just to make a dollar in this world. I will get through this, just no idea if the U or S visa will get my waiver approved or not. I witnessed a lot of things while growing up. Then find out more about my families pass and why they had ran to the US to cover themselfs from the law. Sister got away but my mom didn't.

Am not fighting with anyone on here. I found my way, I found the person that my family did wrong because there would of been no way out for him 10 years ago. And give it time and things should work out. And I'll be a witness, already got a lawyer who got a 10 year bar removed from someone else. So she did it once she can do it again. Money is not a problem for me anymore here in Luxembourg. The kind of money lawyers want only takes 2 months to save up to make it all happen.

Right now, the person who had a messed up life cause of my family has contacted a lawyer and all. And plans to return to the US to fight back cause he has not seen his kids in forever and if he would of not ran away he would be in perison for over 30 years. But the things they did to this guy was not even true cause they wanted me to lie at the police station for rape that never happened. So he wants me to finish up my book, speak to his lawyer before we get it all fired up. Once my book is done soon. I will contact the media before I even return to the US in court at all. So far I got the money saved up for everything. Keeping my fingers crossed. Hope everything works out, got all my friends and some family behind me supporting me.

My coming back from what my lawyer said, is that the S visa the witness visa from the story I told her. All I would need is a letter from the prosecutor stating I need to be there as a witness. Then my waiver would be expedited(1st class ASAP) type deal. Like if my date to come in is within a few months the Visa should get approved and all. Stand in court tell them the things I witnessed and what my family wanted to do to get rid of this guy because the knew the truth. I did go to college in the US, I didn't have much money I took computers class, real estate, but I have a CDL for trucking. So getting a job would not be a problem incase my book does not work out, its why I plan on calling the media and starting a shit storm for all of this. Cause I was a victim in all of this.

I don't really know the Ins and outs of the U Visa at this time. But I did read the forum for the S visa. And I fit in all 4 descriptions. I have to get the record of my sister in Belgium as she was wanted in 1990. Along with my mom who already spent time in behind bars for a few years. For kidnapping an old man and holding him ransom in a hotel in vegas by knife point (another thing I had seen in my life). Her getting married to so many husbands twice her age only to collect money within 3 months after they passed away, funny how all husbands where not sick before getting married huh? And there bodies burned and not 6 feet under just incase for the future. Mom was pretty smart all her life she must of got 4.5 million from doing this. Am telling you till today I got nightmares about the things that happened.

Oh I forgot the family in this world, but I never forget the things they have done to me, and to others.

I have meet a lady here who has a friend that works for a TV station up in Swiss, already got his contact info spoke to him and he said I got a story. Just a little of proof and hit it. Just whenever am ready. So the final step for me finish my book ASAP. And fire it up and hope for the best. The media does help at times with a lot of things. So am going to use every string. Its why I posted a forum about U or S visa to see if anyone had every tried it, and to hear the good and bad from it so I can see what my chances are.

Sorry this was long.

Mike.

P.S. I don't give up cause of anyone. I just keep on going untill I hit it.
 
Why don't you go to Canada? I'm from there originally, and at least if you go there you can have a similar (if not the same) life that you had in the U.S.

Vancouver's nice. And at least if your in Canada, there are many U.S./Canada Immigration Attorneys that can help you. If you have to attend any court cases then at least it's either a drive or short plane flight.
 
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Been to Canada already. It was a nightmare. My cousin promissed to help me out cause I had money and started a trucking company. I was in a tight spot and visa was about to expire. Right now am trying to get Ontario to give me back my Drivers ID with letters and all. And hope in one or 2 weeks I will get it since I got the letter yesterday and my gov. will give it to me so I can get a better paying job. Canada is nice, just I can not do much for work there as in trucking. I can not cross the boarder. I lived in Windsor, Ontario for 2 yrs.

I paid a lawyer in Windsor 2,500 bucks to take care of the US immigration one, so that my ban can be less then 10 years. And it didnt do anything. I really like how the lawyer tells me he knows the judge and was just over her place for dinner the other night. At first you think you got a chance. Then you find out its just a lie to get your money. Am better off in Lux. I dont want to be any where else but the US. Canada is great if I can cross the boarder, growing up I always wanted to be in Canada after I would get my papers. Cause in Canada its way better then the US. No guns, no one trys to rob you, or anything like that, its 150% safer then the US. I love the lottary system also. Great country. I would move to Alberta cause of the pay rate but rent is just out of control like Luxembourg. And after I would become Canadian you can return to the US within half the time. Because of the North American peace trady or something like that? I do have an ex gf who did move to Alberta but I dont really care you know?

As they say it in the movies, theres no place like home.

Mikes.
 
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