How to read INS charges...

F

fatima2121

New Member
Hello, I have a question for any immigration expert present in this forum.

My husband had a deportation order but never appeared in court or left the US... many years later (after Sep 11th) FBI came to our home ( they were going around and visiting any person who did not have legal status then) they told him that they had to turn him over to INS because he had over stayed his visa... he was held in an Immigration facility for 6 weeks before they took him to the airport and sent him back to his home country... I soon joined him with the kids and never came back... :(

We recently requested a police report and would like to know what the INS charges are EXACTLY... so my question is, What does the following mean?:

CHARGE 1 - 8 USC 1227 (A) (1) (C) (I) - NON IMMIGRANT STATUS VIOLATION

I would like to know what do the numbers and letters mean?:confused:

Please if you know the answer to my questions, reply...

Thanks a lot for you help :eek:
 
First,

Could you write in black as the red is great for your kids Birthday invitations but very hard for us to read in a very important forum.

Second, if you click on this link it will take you to the page I'm about to show you:

http://www.law.cornell.edu/uscode/uscode08/usc_sec_08_00001227----000-.html

CHARGE 1 - 8 USC United States Code

1227 Sub Section 1227

(A) Classes of Deportable Aliens

(1) Inadmissible at time of entry or of adjustment of status or violates status

(C) Violated nonimmigrant status or condition of entry.

(I) - (i) Nonimmigrant status violators Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable.

Sounds like maybe he was a student or something and over stayed or went out of status. That's too bad. You may have to get a lawyer to help you if you want to come back. I know sometimes people feel like they are being persecuted and would just like to know what EXACTLY the problem is.

Also, if you are/were subject to the 10 year ban, you may already half way or more than half way through. Hopefully this is the case and you are not starting from zero as of today.
 
Simsd... thank you, thank you, thank you... I had been looking for such a page of violation descriptions but had no luck...must have been using the wrong search words...

Yes, he entered the US as a student but after a while his family couldn't afford tuition and he decided to try his luck and stayed... he tried to fix the problem he even got married but his marriage didn't work ... later we met but I was an international student as well so no chance to get legal status with me ... we lived our lifes as any normal couple would... had kids, bougth houses always waiting for an amnesty law to come an rescue us... but that never came (of course) so after his arrest... I was left to sell our things, to pack and go! It's been 6 years... we are not planning to come back, we now live in the UAE...

I am not sure if he has that 10 year ban you are refering to... we never hired a lawyer when he was arrested... we consulted one and he told us it was going to cost us a small fortune to get to court and to try to fight his deportation... we decided to just pack and go...

How can I find out if he has that ban? Like I said, we are not planning to go back but part of my family lives in the US and it will be nice to know that we might one day be able to visit them.

PS: sorry about the red writing

Thanks again for such useful and prompt reply!
 
Yours is a normal situation. Unfortunately you got caught up in a very tough time period.

Here are my thoughts. You say you are not planning to go back.....but flash forward.....your kids are older......they decide they want to come to the U.S. to go to school....it happens all the time. But since they are U.S. citizens (my assumption) they don't have to worry about visas or anything.....so now they decide they want to stay and work, and you and your husband say you want to visit....guess what....only you can come.

You need to find out where you stand on all of the issues. Trust me on this one because I know these things.

You need to get this solved. Basically all you have is an overstay on your visa. All you might have to do is wait it out. But find out if or when the clock started ticking. you might get a pleasant surprise (ie: 10 year ban, but 6 years have already passed or something like that). By solving this, you are actually helping your kids.

Oh.....and thanks for the colour change :)
 
Hello again simsd, yes, you are right... I don't know what the future holds... especially when it comes to the kids... they are now 8 and 6 and I feel a bit of relief when I think they will be able to attend college in the US if they wish to do so... but we are still far from that...

I am not sure when the ban clock started ticking ... I assume that it started once he left the US... I don't know what is required to do prior to requesting a visit visa in the future... I don't know if he will need a pardon or just wait for the 10 years to be over ... I really don't know...

If the kids decide to move to the US when they are older... I will support them and wish them the best... I wanted them to live there in the first place but we couldn't find a way to solve our immigration status...

Thank you so much for your messages...
 
All too often people just say "I'm never going back". The fact that you are asking the questions now and starting to think about it is a credit to you.

What if something happened (war or persecution) and you had to leave. Wouldn't you want to make sure that everything is good? So hats off to you that you are looking into this. If I were you, I would start planning as though you were going to take a trip here. I would see what would happen - what's the worst? That they turn you down? All that would happen is that at least you would know why, and then you could find out what you need to do to rectify it for the future.

Plan a trip, but never take it. That's all. It's worth a try to see what would happen. It's also a great to protect/insure yourself for the future.
 
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Under the current immigration law, if you are out of status and over stayed for more than 12 months. You will have 10 years of ban automatically.
 
It started as the date when your legal status ended. In F-1 situation, per immigration laws, if you didn't register in full time student pass on sermaster (or one full quarter depends on the school it was granted for), without authorized for practicul training or other application for adjustment for status, it is consided out of status. Your clock starts then. If you out of status for more than six month but less than a year, you will have 5 years of ban for admission. If you departed within 90 days, you are returning chnace will be much greater..... but not garanted.
 
No what date did the ban start for Fatima's husband?

From your earlier post you give the impression it starts the day you are out of status. But that does not make sense. I would think the day the ban starts is either when the judge or CIS decides or when you finally leave.

If the ban starts the day you out of status, then you might as well stay for as long as you can.
 
Yes, I also think that the ban starts as soon as you leave the country... it makes sense!

Simsd... I know what you are saying... and you are right! there must be a back-up plan for us... it's not easy to live your life as an 'expat' for long... and in this country (UAE) there is no hope of EVER getting any type of permanent status or for someone with our income to own a home... we are legal as long as we have a job, rent and education are very expensive... we are here because it was the best choice at the time... we don't really know what could happen in the near future...

To be honest... there is a back-up plan in the making... just not sure how it will turn out... perhaps I'll visit the forum after a while and tell you what happened...

Thank you both for your two cents... God Bless!
 
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