Ok, so here goes, I was deported in 2/2003 for aggravated felony (burglary) and crimes of immoral turpitude; these kind of go hand in hand because a crime of burglary usually consists of more than one crime anyways, ie destruction of property etc. Based on my military service I filed and N-400 under sections 328, 329 of the INA, the latter section waives good moral character, my application is now in Kansas City and awaiting a hearing date. The problem is that I cannot attend the hearing because I am deported and inadmissable, not sure what can be done about that if anything.
Secondly my wife has filed an I-130 in Kansas City and has a hearing on the 24th of Feb, 2011, this application will be denied because I am a deported aggravated felon and thus inadmissable for life. The irony and tragedy in all of this is that about two weeks ago my wife was diagnosed with breast cancer and she had to have both breast removed. Three days after surgery her doctor called her to tell her that the cancer had spread and that she would need to go back for more surgery. I wonder if the officer in Kansas City has the authority to approve the I-130 for compassionate and humanitary reasons? Kansas City is also the place of my deportation in 2003 and would be the location that would have to handle any extreme hardship waivers that I would file as well if Im not mistaken.
So the current plan is to have the I-130 denied, (which must be done prior to filing) I-212 waiver of inadmissability and I-601 extreme hardship waiver. As I understand, to date there has not been a successful hardship waiver application approved for someone who has been deported due to aggravated felonies. I believe that due to my wifes unfortunate illness and other hardships I may just have a good chance of being granted this waiver. I have sought the assistance of many attorneys on a pro bono basis to no avail. It is very sad that life and death can be determined by the value of your assets. I cannot afford an attorney so I will be filing this on my own.
I have found lots of good reference material relating to meeting the unknown bar of extreme harship and documentation that must accompany it. My only fear is that my wifes illness is moving so quickly that my children will be at risk and my wife will pass before this can be processed and heard. I dont even have the money to file the two forms required at this point so that is more delay. I am here to help anyone that needs research assistance as I have been studying immigration for years since my deportation.
After being deported from the US to Portugal, I flew to Canada under the visa waiver program and filed refugee status, I did truley feel that I could not survive in Portugal as I did not speak that language nor have any family ties there. With that said once I filed refugee status I was arrested for being a criminal in Canada. I had to post 5000.00 surety to get out of jail and then my family joined me there in 9/2003. My wife was able to get her Permanent Residence in Canada because she had a Masters degree from the US and its covered under NAFTA. So I filed a application for Permanent Residence based on humanitarian and compassionate grounds and was denied 7 years later because of my criminality in the US. I was subsequently ordered to appear for removal back to Portugal in May 2010 and given my bond back.
Today I am living in England without my wife and children because they went back to the US when we found out the deportation was imminent. I have lived and worked in the UK since and am fighting to be re-united with my family. If you are in some kind of same situation please feel free to contact me via armyeng1@yahoo.com and we can chat on the internet regardless of what country you are in. I want to hear from others and we can help each other with moral support and legal research assistance.
Secondly my wife has filed an I-130 in Kansas City and has a hearing on the 24th of Feb, 2011, this application will be denied because I am a deported aggravated felon and thus inadmissable for life. The irony and tragedy in all of this is that about two weeks ago my wife was diagnosed with breast cancer and she had to have both breast removed. Three days after surgery her doctor called her to tell her that the cancer had spread and that she would need to go back for more surgery. I wonder if the officer in Kansas City has the authority to approve the I-130 for compassionate and humanitary reasons? Kansas City is also the place of my deportation in 2003 and would be the location that would have to handle any extreme hardship waivers that I would file as well if Im not mistaken.
So the current plan is to have the I-130 denied, (which must be done prior to filing) I-212 waiver of inadmissability and I-601 extreme hardship waiver. As I understand, to date there has not been a successful hardship waiver application approved for someone who has been deported due to aggravated felonies. I believe that due to my wifes unfortunate illness and other hardships I may just have a good chance of being granted this waiver. I have sought the assistance of many attorneys on a pro bono basis to no avail. It is very sad that life and death can be determined by the value of your assets. I cannot afford an attorney so I will be filing this on my own.
I have found lots of good reference material relating to meeting the unknown bar of extreme harship and documentation that must accompany it. My only fear is that my wifes illness is moving so quickly that my children will be at risk and my wife will pass before this can be processed and heard. I dont even have the money to file the two forms required at this point so that is more delay. I am here to help anyone that needs research assistance as I have been studying immigration for years since my deportation.
After being deported from the US to Portugal, I flew to Canada under the visa waiver program and filed refugee status, I did truley feel that I could not survive in Portugal as I did not speak that language nor have any family ties there. With that said once I filed refugee status I was arrested for being a criminal in Canada. I had to post 5000.00 surety to get out of jail and then my family joined me there in 9/2003. My wife was able to get her Permanent Residence in Canada because she had a Masters degree from the US and its covered under NAFTA. So I filed a application for Permanent Residence based on humanitarian and compassionate grounds and was denied 7 years later because of my criminality in the US. I was subsequently ordered to appear for removal back to Portugal in May 2010 and given my bond back.
Today I am living in England without my wife and children because they went back to the US when we found out the deportation was imminent. I have lived and worked in the UK since and am fighting to be re-united with my family. If you are in some kind of same situation please feel free to contact me via armyeng1@yahoo.com and we can chat on the internet regardless of what country you are in. I want to hear from others and we can help each other with moral support and legal research assistance.