Deportation Proceeding by Mistake

D

dalains

Registered Users (C)
Hi,

I need your views on this case. I came to the US in 2004 on a J-1, got married to a USC in Nov. 2004, finished school in Dec. 2005, got one year Practical Training and left the US in January 2007, never overstayed.

While doing my Practical Training in 2006, I applied for J-1 Waiver. Finished my OPT while case was pending, and I did not want to wait so I left the US in Jan 2007. In Oct 2007, waiver was denied.

Since then I came to the US twice on a visit visa to check on wife and kids while I am doing my two-year home residency requirements.

in Sept 08, USCIS sent a notice to appear stating that I am in deportation proceedings because I did not leave the US after my waiver was denied. Obviously this is a mistake as I have my passport stamped with my deportation record and I have a copy of my tickets, wife will also testify.

I hired a lawyer and the court date is in Jan 09. My wedding Anniversary is next month and I am planning to come to the US for week to check on family, as I still have valid visit visa. Lawyer believes I will not be granted entry and I will be returned from the airport. I thought I am innocent until proven guilty.

What is your view on this? Any similar cases? Should I risk it and fly to see family?

Regards

Dalains
 
Last edited by a moderator:
u shld have sent them a letter with the copy of ur ticket when u left b4 the denial letter came. u can still send it with a copy of ur ticket and the stamp in ur passport. with a letter telling them u left b4 the denial letter came. good luck
 
Thank you Anthia for your reply. I thought they would record my departure in their system when I left, but it looks like they did not.

Now, based on your experience, readings and knowledge, do you think I should book a flight to the US next month and surprise my family with this visit?
 
I have been in the same situation. I am a GC holder and a month ago rreceived a letter to appear in court for removal hearing. Just sending a copy of GC is not enoug. Your lawyer needs to file Motion to Terminate or such. That's what mine did.
 
Thank you Aniretake for the comment. As you said, I have already hired a lawyer and he will represent me in front of the immigration judge.
This is not my dilemma. The challenge I am facing is whether I will be denied access at the airport or not. I mean, till now there is no deportation order against me. So, can they deny me entry on this ground only?
 
I traveled while in proceedings. I did not even know i was. Nobody ever stopped me. And i have been in proceedings for 5 years. US DOJ is in charge of proceeding stuff and USCIS is in charge of immigration. Seems like those two dont communicate well. But this is all my opinion, my experience.
 
dalains said:
Thank you Aniretake for the comment. As you said, I have already hired a lawyer and he will represent me in front of the immigration judge.
Click to expand...

If you already hired a lawyer, why dont you ask him about it??? He'll probably give you a better answer than all of us.
 
Immigration law is not the same as criminal. With Immigration law, the government doesn't have to prove that you are here legally. You have to prove that.

If you were sent notice to appear in front of a Immigration Judge and you left the country(?), you might be in violation of the law. To be honest, I think you might have self deported yourself. Your Attory should have gotten with the governments Attorney and shown them evidence of your lawful departure, then they could have terminated the NTA as being issued improperly. Since you are overseas, you might need to be paroled into the USA for your court hearing. Your Attorney should have be able to fix this before it went too far.

dalains said:
Hi,

I need your views on this case. I came to the US in 2004 on a J-1, got married to a USC in Nov. 2004, finished school in Dec. 2005, got one year Practical Training and left the US in January 2007, never overstayed.

While doing my Practical Training in 2006, I applied for J-1 Waiver. Finished my OPT while case was pending, and I did not want to wait so I left the US in Jan 2007. In Oct 2007, waiver was denied.

Since then I came to the US twice on a visit visa to check on wife and kids while I am doing my two-year home residency requirements.

in Sept 08, USCIS sent a notice to appear stating that I am in deportation proceedings because I did not leave the US after my waiver was denied. Obviously this is a mistake as I have my passport stamped with my deportation record and I have a copy of my tickets, wife will also testify.

I hired a lawyer and the court date is in Jan 09. My wedding Anniversary is next month and I am planning to come to the US for week to check on family, as I still have valid visit visa. Lawyer believes I will not be granted entry and I will be returned from the airport. I thought I am innocent until proven guilty.

What is your view on this? Any similar cases? Should I risk it and fly to see family?

Regards

Dalains
Click to expand...
 
dalains said:
Hi,

I need your views on this case. I came to the US in 2004 on a J-1, got married to a USC in Nov. 2004, finished school in Dec. 2005, got one year Practical Training and left the US in January 2007, never overstayed.

While doing my Practical Training in 2006, I applied for J-1 Waiver. Finished my OPT while case was pending, and I did not want to wait so I left the US in Jan 2007. In Oct 2007, waiver was denied.
Click to expand...

Did they provide you a reason why the J-1 waiver was denied? What grounds did you apply the waiver under?

AP
 
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