Denied permanent residency, trying to find a solution

Flippy

Registered Users (C)
I'm new to this forum so forgive me if this is the wrong board to post this thread on. I'm from the Philippines by the way.

As of now, my mother and I have been residing in the U.S. since ~1993. Back then, I was still a minor at the age of three and my mother was around thirty-five at the time. Being young and naive lead me to a few years without acknowledging what was happening around me even though I did hear bits and pieces of the issue that surrounded me and my mother. By the age of around fifteen, I was told of what was going on. I was also told why my younger sibling, born here, may be leading a better life evidently because of how he was born here.

Moving on. I was told, by my mother, that she and I entered the United States using fraudulent passports. Although not mentioned in the denial letter, my mother had been using a fake/ forged social security number to land a job. Eventually, she managed to find a place at a medical facility and, if I'm not mistaken, was being sponsored by them. But without making much progress, we took another route.

By the time I was around seventeen, my mother had began the process of applying for legal residency in the United States once again. But this time, she, as a divorce mother of two since ~2000, met and married my stepfather. To briefly sum up what may have happened, she started the process over and had my stepfather petition for me and her.

Having filled the appropriate documents under the guidance of an immigration lawyer, we were finally under a sort of "bubble" stated as a "pending status." We were granted social security cards that worked along with employment authorization cards and we managed to live normally. My mother applied for a loan to get a car, and with the combined income of my parents, we were approved for a mortgage loan. As for me, I was able to apply for college and now attending my second year.

But, unfortunately, as of now, my mother and I have received a letter indicating that we were rejected due to the usage of fraudulent passports to enter the United States and have around a month to make an appeal; along with my stepfather's rejection as the visa petitioner. We were told by our original lawyer and another lawyer that chances are slim if we appeal and that the more recent lawyer told us that we may be able to give it a shot at immigration court.

Although the letter says its decision is final if the appeal is not met, would we still be granted an opportunity to face the immigration judge? With our house approved by the banks under the consideration of my mother and stepfather's combined income, with the consideration of my younger sibling who can not be moved to the Philippines, and with the consideration of all the bills, utilities, loans, and other things that rely on my mother's residency in the United States, is there a chance, AT ALL, that we may be allowed to stay here?

We can make payment arrangements for all the fines that we will have to pay, I just don't want to find ourselves in a federal prison or deported back to our country leaving my younger sibling and stepfather helpless with all the things they will be dealing without my mother's family and financial support.

My dearest apologies if this was too long but for who ever took the time to read this, even if you don't have anything to say, I appreciate it. I'm at a lost. I'm helpless. As a 19 year old who only knows what to do in school, I'm torn with the feeling of helplessness; I just want to help my family.
 
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I am sorry about the plight you are in, specifically since you were not responsible for using forge documents but from personal experience I know your chances of staying here are slim. I knew someone from back home (Jamaica) who used a forged papers to enter the US and when he was caught he received a lifetime bar.

As for you, I think you have some mitigating factors that might work for you, such as you being an unwitting minor when your mom committed the criminal act, though they can rightly point out that as you got older you were made aware of the situation and your non-existent immigration status in the country. The asylum route isn't feasible.

USCIS doesn't care about your mom's bills, mortgage etc. They will say that your little brother can relocate to Philippines with you and your mom.

I wish you all the best.
 
I am at a lost here with what to do. As told by many already, the chances are slim but with the conditions set in the Philippines, is there anything at all that we can hold on to as a way for us to remain here? Is there a way for them to at least here what we have to say? There are so many people here who are willing to help us but, like me, are helpless. They have written up a petition, letters...And even though the public's voice may have been heard by the government's ears once in awhile, I know that it's near-impossible to think that such a situation would be blessed upon us - But even then, we hold on to that hope that something might come out that would lighten up our bleak situation.

I don't want to put everything my mother and I have worked for in the United States in vain. If there is at least a chance for us to be heard, then at least that's something I can put my hopes on.

As an engineer major, I'm used to being rational, being logical, and depending on facts and statistics. I acknowledge the reality that there is a slim chance for us; and yet, I am a human, I have emotions that render me irrational and illogical. Beyond what I acknowledge as facts, I grasp on to hope and I don't want to know that there is only this hope that I can depend on. I want to try anything I can to make it here in the states but even if there is a chance for me, I don't want to know that my mother will be sent back to the Philippines. I need her, the family needs her.
 
Hi Flippy,

Sorry to hear about your predicament. Unfortunately, as the others have stated your chances of remaining in the country are next to impossible. The government is not interested in hearing what you have to say. Your mum's act of coming into the country illegally bars you from any other remedies. Letters or petitions will not get you any where as the law is currently written. You and your mum are better off voluntarily leaving the country.

The best advice I can give you is to try to finish your engineering degree and then return home. You might be able to get a better paying job since you have an American degree.

All the best, with your future endeavors.
 
I am at a lost here with what to do. As told by many already, the chances are slim but with the conditions set in the Philippines, is there anything at all that we can hold on to as a way for us to remain here? Is there a way for them to at least here what we have to say? There are so many people here who are willing to help us but, like me, are helpless. They have written up a petition, letters...And even though the public's voice may have been heard by the government's ears once in awhile, I know that it's near-impossible to think that such a situation would be blessed upon us - But even then, we hold on to that hope that something might come out that would lighten up our bleak situation.

I don't want to put everything my mother and I have worked for in the United States in vain. If there is at least a chance for us to be heard, then at least that's something I can put my hopes on.

As an engineer major, I'm used to being rational, being logical, and depending on facts and statistics. I acknowledge the reality that there is a slim chance for us; and yet, I am a human, I have emotions that render me irrational and illogical. Beyond what I acknowledge as facts, I grasp on to hope and I don't want to know that there is only this hope that I can depend on. I want to try anything I can to make it here in the states but even if there is a chance for me, I don't want to know that my mother will be sent back to the Philippines. I need her, the family needs her.

INS isn't interested. Volunteer to leave along....sorry!
 
*Sigh*

I can recall the letter saying that we may be able to provide a hardship letter and/ or prove that certain individuals such as the mother, etc of legal residency in the country would be left in a devastating situation. Couldn't I do anything about that? What about avoiding the lifetime bar if we are forced to move back to Philippines? I hate to be stubborn but I'm going to be persistent and find out all I think I need to know about the situation.
 
*Sigh*

I can recall the letter saying that we may be able to provide a hardship letter and/ or prove that certain individuals such as the mother, etc of legal residency in the country would be left in a devastating situation. Couldn't I do anything about that? What about avoiding the lifetime bar if we are forced to move back to Philippines? I hate to be stubborn but I'm going to be persistent and find out all I think I need to know about the situation.

No, the only hardship that would be considered is hardship to your citizen brother, and there is no extreme hardship. Your mother entered fraudulently and has remained illegally for many years and will be barred for life.

How old are you, 19? Since you were 3 years old and innocent of fraud, it is not charged to you, and illegal presence is not accrued until you turn 18. You should probably leave voluntarily as soon as you can arrange it if you want to preserve a chance to return to the USA legally. Having been grown up here as an undocumented immigrant and with a citizen brother here, it will be difficult for you to get a visa, but if you remain here illegally as an adult after being in removal you will eliminate any chance and end up in the same boat as your mother.
 
Without mentioning the near-impossible chance of a solution, is there a possibility that we may at least visit once in awhile if we are barred for life?
 
is there a possibility that we may at least visit once in awhile if we are barred for life?

Barred for life means exactly that. It doesn't mean "barred for life (except for occasional visits to Disney World)". It means never - and never is an absolute term.
 
Alright. I guess that is it then. Well thank you guys for your input, I appreciate you all for taking your time to read what I had to say. For now, all that's left, is to see what happens since we still have a period of time to appeal even if the chances are near zero. Anyways, take care everyone.
 
Man, this is bad, real bad Michael Jackson ... I cannot believe you had a lawyer reviewed your documents and told you it would be OK to file them.
 
I am not sure if the OP has gone, but he/she must apply for hardship waiver ... for his brother. He has to put the best case forward and not give up assuming this is done. Lawyers can help ... even if it is a hard case they can put a best face on whatever transpired. CIS may not care about you and your mother, but CIS can not force your brother to just move to Philippines. If you do not file hardship, they will never know this, as well as whatever FINAL FINAL decision they make, will not consider this.
It is a slim chance, but take it if you still have time.
 
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