Complex situation needs clarification please.

VisaNutz said:
nan0man,
To me, it looks just as simple as Jackolantern said. You have a clear shot of getting a GC via your wife.

Do you have any child-support order in effect, meaning, is your wife actively pursuing child-support from you?I know you didn't mention this, but just so you know, moving out of the country WILL NOT clear you off any child-support responsibilities. As a matter of fact, once there are so much arrears, there will be warrant for your arrest.
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Yes there was a child support order set up in 99. I now owe $35,000.00!
However, my ex always expressed the wish to have me relinquish responsibility which i understand will cancel out the money owed. (I spoke with att gen's office the other day) They are trying to contact her to see if she is still willing to go this route.

I have never paid my support for the simple fact that:
1, she said the child is not mine.
2, she was adulterous and shacked straight up with another guy around the time of our split.
3, she had more children with this guy.
4, she did everything she could to mess up my immigration situation and so i could not work legally in order to pay the support.
5, i have never seen the child or spoken to her.

I know that doesen't matter since there is a child support order and thats that, i just wanted to explain my motivation for not paying. (Its not like i have a family at home saying where's daddy and why are we so poor)

She wanted to have her cake and eat it, she didn't want me to have any part in my daughters life...so why the heck should she get any of the little cash i can make with my maimed immigration status.

NOW, when you say 'i will still have arrest warrants' , you talking about in the US right? If i stayed in the UK I wouldn't have to worry yeh? or no?
 
nan0man said:
Yes there was a child support order set up in 99. I now owe $35,000.00!
However, my ex always expressed the wish to have me relinquish responsibility which i understand will cancel out the money owed. (I spoke with att gen's office the other day) They are trying to contact her to see if she is still willing to go this route.

I have never paid my support for the simple fact that:
1, she said the child is not mine.
2, she was adulterous and shacked straight up with another guy around the time of our split.
3, she had more children with this guy.
4, she did everything she could to mess up my immigration situation and so i could not work legally in order to pay the support.
5, i have never seen the child or spoken to her.

I know that doesen't matter since there is a child support order and thats that, i just wanted to explain my motivation for not paying. (Its not like i have a family at home saying where's daddy and why are we so poor)

She wanted to have her cake and eat it, she didn't want me to have any part in my daughters life...so why the heck should she get any of the little cash i can make with my maimed immigration status.

NOW, when you say 'i will still have arrest warrants' , you talking about in the US right? If i stayed in the UK I wouldn't have to worry yeh? or no?
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Yes, the warrant would be valid in the US. Your driver's license will be suspended also. You won't get any tax refund either. Basically, they will make it as hard as possible for you to do anything in the US.

Well, if you can SOMEHOW get your wife to sign an affidavit that she will excuse all past arrears and in future, she won't hold you liable for support, GO FOR IT. It will save your life. OR, get a paternity test and leave all doubts behind.


She wanted to have her cake and eat it, she didn't want me to have any part in my daughters life...so why the heck should she get any of the little cash i can make with my maimed immigration status.


That's just the way it is. If you wanted, you could legally get visitation rights. The court would actually want you to be in the child's life and your ex couldn't object.
 
Well, thanks everyone for your input, Decision has been made to abort mission and return to blighty.

One more question tho:

When i get on the plane to go back, will they make a big fuss about my overstaying the visa? or the arrest warrant? Or will it be a case of stamping my passport as 'banned' and send me on my way?
Will the arrest warrant stop me from being able to leave?
 
VisaNutz said:
Don't worry about this "deportation order" crap as long as you were never served papers to appear before a judge for your deportation hearing.
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The papers could have been sent years after the I-485 was denied, by which time the OP was living at a different address. Failing to receive the notice because of moving to another address does not nullify it, especially if he did not file AR-11 and file an address change for the I-485 to let USCIS know his whereabouts.
 
nan0man said:
When i get on the plane to go back, will they make a big fuss about my overstaying the visa? or the arrest warrant? Or will it be a case of stamping my passport as 'banned' and send me on my way?
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When you attempt to return to the US, if they spot your history of illegal presence in the system that's when they'll send you back and tell you to wait out the 10-year ban (they may also restart the 10 years from the date you attempted to reenter). If they don't spot it at the POE, they'll surely spot it during the green card processing when they have more time to investigate your background, and they'll deny the green card.
Will the arrest warrant stop me from being able to leave?
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It's possible.

$35,000 is a lot of money and you need to do the work to clear that up. Get a paternity test. If that other guy is the real father and he has been supporting the child, you'll have a good chance of being freed of the obligation.
 
VisaNutz said:
To OP,
You have nothing to worry about as long as you can: :

Don't worry about this "deportation order" crap as long as you were never served papers to appear before a judge for your deportation hearing.
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I wish it was as simple as Visanutz makes it sound. The order deportation isn't a civil matter in which you need to be served in person by the order party, US govt functions according to a different beat.:eek: Hence it is perfectly acceptable for them to deny a petition because a letter mailed to you was not delivered...:cool:

Jack is once again right, any deportation order against the OP was mailed at his previous address. The fact that he moved has never been a salient argument which USCIS has ever accepted because they require all beneficiaries or petitioners to fill a change of address form. :rolleyes: As I mentioned to the OP on several occasion, if I were in his shoes, I would apply for AOS and see what happens. It is best that I know what USCIS has on me before leaving the country. We are all speculating on what USCIS might do, it is possible they never bothered to file a deportation order against him, which can occur because this agency has never shown itself to be a model of efficiency. :D Just take your chance and the worst that can happen is a denial and asked to be deported or leave voluntarily.

Lastly, Triple asked a very important question, what type of visa did you enter the country on? If it has a notation barring AOS, then you are out of luck and it is best that you leave the US and attempt to apply for a GC via consular processing..:D
 
Al Southner said:
I wish it was as simple as Visanutz makes it sound. The order deportation isn't a civil matter in which you need to be served in person by the order party, US govt functions according to a different beat.:eek: Hence it is perfectly acceptable for them to deny a petition because a letter mailed to you was not delivered...:cool:

Jack is once again right, any deportation order against the OP was mailed at his previous address. The fact that he moved has never been a salient argument which USCIS has ever accepted because they require all beneficiaries or petitioners to fill a change of address form. :rolleyes: As I mentioned to the OP on several occasion, if I were in his shoes, I would apply for AOS and see what happens. It is best that I know what USCIS has on me before leaving the country. We are all speculating on what USCIS might do, it is possible they never bothered to file a deportation order against him, which can occur because this agency has never shown itself to be a model of efficiency. :D Just take your chance and the worst that can happen is a denial and asked to be deported or leave voluntarily.

Lastly, Triple asked a very important question, what type of visa did you enter the country on? If it has a notation barring AOS, then you are out of luck and it is best that you leave the US and attempt to apply for a GC via consular processing..:D
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Al, yes it's that simple. And also, USCIS denying a petition and a court issuing order has absolutely NOTHING IN COMMON. "Order in absentia" isn't a process for USCIS to giddy up with DoJ and start issuing orders without the respondent knowing anything about it. It's there when the judge is clearly convinced that the respondent had knowledge of the proceeding against him and just bailed out of the process willfully. Even if a judge issues an order in absentia, vacating that order is pretty straight forward if you can provide proof that the NTA never reached you OR you had some extraordinary situations that prevented you from showing up in court in case you had the knowledge of NTA. This deportation order thing is the least of the worries for the OP.
 
Jackolantern said:
The papers could have been sent years after the I-485 was denied, by which time the OP was living at a different address. Failing to receive the notice because of moving to another address does not nullify it, especially if he did not file AR-11 and file an address change for the I-485 to let USCIS know his whereabouts.
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Jack, OP could have left USA by crossing the border to Mexico and USCIS wouldn't have any record of that. Does it mean USCIS would just go ahead and issue NTA? Look, in order for USCIS to issue NTA, USCIS needs to confirm that person is at the address where they want to send it.

USCIS can do WHATEVER they want - but when DoJ is involved in a process - TRUST ME, they play it safe and by the rule. Because DoJ isn't shy about tossing out USCIS cases/charges/petitions if they see the slightest indication that the the alien isn't treated fairly.
 
having dealt with the relinquishing of rights on my end with my sister, I know for a fact that doing so, does not make it so no child support is owed UNLESS stated in the documents that you will never owe any. They made it law in some states so that parents wouldn't just drop kids over money.
 
MOM1211 said:
having dealt with the relinquishing of rights on my end with my sister, I know for a fact that doing so, does not make it so no child support is owed UNLESS stated in the documents that you will never owe any. They made it law in some states so that parents wouldn't just drop kids over money.
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You are absolutely correct.
 
VisaNutz said:
Look, in order for USCIS to issue NTA, USCIS needs to confirm that person is at the address where they want to send it.
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And their confirmation is the last address the applicant gave to USCIS. Otherwise it would too be easy for illegal aliens to avoid NTA's, simply by moving around without telling USCIS where they are.
 
Jackolantern said:
And their confirmation is the last address the applicant gave to USCIS. Otherwise it would too be easy for illegal aliens to avoid NTA's, simply by moving around without telling USCIS where they are.
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That's USCIS's argument. And they use it quite often when THEY have the power to make a decision - such as denying a case because applicant didn't show up for FP when the real reason is that the applicant never got the mail.

However, it's not going to stand in the court - and USCIS knows that very well. Like I said, the countermeasure for an order in absentia is to show the respondent was not aware of the proceeding. That's why they don't waste time and energy on this just to get shut down by a judge. If that wasn't the case, you would see USCIS would send out NTAs left and right in hopes of having deportation orders issued.

But I am sure this doesn't mean laws are followed EVERY SINGLE TIME. I mean, the OP could have a deportation order in place. What I am saying is that it's the least of his worries - because according to his words he is not aware of such things.

We all know that USCIS is like a "dictatorship" enterprise. No doubt about it. But DoJ is not. DoJ keeps USCIS in check.
 
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My visa is 'type:R class:B1/B2'

So I obviously need to know more about if they will arrest me for the child support when i try to leave the country. Can anyone elaborate on that some?
 
By the way, read this two articles and you will see why it's important for USCIS to prove that the alien actually was aware of the proceeding:

http://www.gurfinkel.com/immigration_updates/2001/november04-2001.html

Recently, the Board of Immigration Appeals (BIA) decided a case which may offer new hope for many people who had been ordered deported in absentia, but never received any notice of the hearing. In that case, the BIA held that if an alien never received the Notice to Appear (NTA), then the Immigration Judge cannot enter an in absentia order of deportation.


.... "When an alien fails to appear at removal proceedings for which Notice of the Hearing was served by mail, an in absentia order may only be entered where the alien has received, or can be charged with receiving, a Notice to Appear (Form I-862) informing the alien of the statutory address obligations associated with removal proceedings and of the consequences of failing to provide a current address . . ."


http://www.newsflash.org/2004/02/ht/ht004339.htm
 
nan0man said:
My visa is 'type:R class:B1/B2'

So I obviously need to know more about if they will arrest me for the child support when i try to leave the country. Can anyone elaborate on that some?
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You can adjust status with B1/B2 - no issue.

Do you have an warrant out for you at this moment? You can always call the county court house where the child support order was entered and ask them if there is an arrest warrant out for you.
 
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VisaNutz said:
You can adjust status with B1/B2 - no issue.

Do you have an warrant out for you at this moment? You can always call the county court house where the child support order was entered and ask them if there is an arrest warrant out for you.
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Yes there is a warrant active now according to the person I talked to at the Attorney Generals office of Texas.
 
Wow.. you might want to take care of this issue before you leave. In fact, you could be detained at the airport. Security is SOOOO tight that very detailed information about all passengers - even how many bags you checked in are going to be in the system (very recently I was in a flight where the flight was delayed because of luggage count didn't match with some list or something). So, if they have a system in place to check for warrants - you might be toast.

For your and your own family's sake - TAKE CARE OF THIS CHILD SUPPORT ISSUE NOW!!!
 
nan0man said:
Yes there is a warrant active now according to the person I talked to at the Attorney Generals office of Texas.
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This can get complicated depending on the airport you are flying out. International flights have mandatory preliminary screening for all passengers (for several purposes: security, people fleeing the law, etc.). I am not sure if your name will come up or what can happen, but there is a process in place for this.
 
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