How to request a Notice To Appear

[wannabelegal]

Hi!
I have been in the US for more than 10 years without interruption and I entered the country illegally. I am married to a US citizen and we have a child. I am eligible to apply for a cancellation of removal in a U.S. Immigration Court. Since I am not in removal proceedings, I need to request that the US Immigration Service serve me with a Notice to Appear (NTA) and then transfer the case to the Immigration Court. Does anyone know how to do this and get a NTA fast (couple months max). I am thinking about submitting an application for Asylum and Withholding of Removal (I-589) and most likely I would be denied and issued the NTA. Do you agree?
Thanks in advance for any suggestion?

 

[dafortycal]

Be careful what what you asked for, you just might not get the result you're hoping for. How about you have your USC wife file the paperwork for you. You're counting on being able to prove extreme hardship, being apart from wife or children isn't enough. That isn't extreme.

You could file for Asylum, but there is normally a one year after arrival time limit on that. You have been here for 10-years, what grounds could you use? You could ask ICE to NTA you, but don't count on it. Agents would rather keep you illegal than to help you out, they will not want to reward you for breaking our laws. If ICE does issue you a NTA, I'm 99% sure that you will be taken into custody. I would expect that you would be given a $5,000 or $10,000 bond.

How about leaving the country and have your wife file a I-130 and do things the legit way!

 

[wannabelegal]

Thanks for your concern! I am actually the wife and our child is not well. We have a letter from the doctor stating that she would be under extreme hardship if I left her or took her in my country where medical care is under-developed. I care a lot for my child to leave her and take the risk of going abroad.
I expect the Immigration Service to not be forthcoming in helping me. This is why I am asking for ideas? Best Regards.

 

[AzBlk]

The hardship standard for COR is "exceptional and extremely unusual hardship". You have to be able to prove that and then if you have been here over 10 years and not convicted of any crimes then maybe you might get COR. It is alot easier to get a i-601 waiver than to win COR since the hardship standard is lower. You need to talk to a very competent attorney before doing anything crazy.
Anyway back to the question about how to get a notice to appear? The cheapest way is to walk to an immigration office and report your self as an illegal. You will be arrested and put in removal proceedings, bailed and issued an NOA. Another way is to file i-130 then try to AOS, You will be denied AOS because you EWI and will be put in removal after you are denied.

 

[dafortycal]

As a American citizen, you and your child can not be deported from the United States. If you are unwilling to live in your husband country that isn't the fault of the United States government. You may remain in the United States until your child is better, but your husband doesn't get a pass for having a sick kid. I'm sure your Doctor would write whatever type of letter you wanted for a fee. Be happy, you and your kid make stay her and get whatever medical treatment is needed, and go visit Dad when they feel better.

Thanks for your concern! I am actually the wife and our child is not well. We have a letter from the doctor stating that she would be under extreme hardship if I left her or took her in my country where medical care is under-developed. I care a lot for my child to leave her and take the risk of going abroad.
I expect the Immigration Service to not be forthcoming in helping me. This is why I am asking for ideas? Best Regards.

 

[AzBlk]

As a American citizen, you and your child can not be deported from the United States. If you are unwilling to live in your husband country that isn't the fault of the United States government. You may remain in the United States until your child is better, but your husband doesn't get a pass for having a sick kid. I'm sure your Doctor would write whatever type of letter you wanted for a fee. Be happy, you and your kid make stay her and get whatever medical treatment is needed, and go visit Dad when they feel better.

Bullshit most COR cases granted are because the immediate relative has serious health problems. You have no idea what their child's health problems are and since you are not a doctor you do not get to make that call. There is a reason COR was including in INA and that was to offer an avenue of relief in cases where US citizens will be extremely negatively affected by removal of their immediate family. It is up to the IJ in the case to determine wether the petioner meets the standard for COR and if they do then it granted or refused if they dont. Being a former immigration officer does not make you an IJ.

 

[dafortycal]

You forget one thing, the child is a American. We are not deporting the citizen, the child will still have one parent here. So, at what point to we deport this fine person, do we deport them when the child turns 18, 21 or 60 years old? If the child dies, can we get rid of him then? or what happens when the child recovers suddenly, do we slap the cuffs on him then. COR cases are hard to prove, one should plan for the worst and hope for the best. There is nothing in the law that states that mother and child have to go with dad.

 

[AzBlk]

You forget one thing, the child is a American. We are not deporting the citizen, the child will still have one parent here. So, at what point to we deport this fine person, do we deport them when the child turns 18, 21 or 60 years old? If the child dies, can we get rid of him then? or what happens when the child recovers suddenly, do we slap the cuffs on him then. COR cases are hard to prove, one should plan for the worst and hope for the best. There is nothing in the law that states that mother and child have to go with dad.

You are missing the point totally. The point I was making is that you have NO IDEA what the child health problems are so for you to trivalize them by saying

your husband doesn't get a pass for having a sick

is just wrong. Maybe that kid needs 24 hour care so only one parent can work and provide for the family while the other provides care to the child, maybe its the dad who provides the insurance that pays the kids health care, basically there are just so many scenarios I could envision that who cause that American kid exceptional and extremely unusual hardship by losing one parent to deportation. The is nothing in the INA that suggests COR should not be granted because that sick child can stay stateside with one parent like you seem to suggest.

Now you are ranting about when you get to deport this fine person. Persons granted COR are also granted permanent residence and they can go on to become US citizens if they so wish. So if you want this person deported because the kid turned 18 or got miraculously cured then you must also ask that we deport widows/widowers after their spouses pass on, divorcees after marriages are terminated or people with employer sponsored green cards if they are fired or they quit to go to another job. COR is just another way to gain permanent residence only that standard is much higher than other ways like family based or employment based or lottery.


Yes COR cases are hard to prove but they can be proved and have been proven before. I think that COR should ONLY be used as the last line of defense against deportation and I told the OP to consider i-601 route instead of COR. Turning yourself in to ICE so you can file COR is playing a game of Russian roulette.

 

[wannabelegal]

Thanks AzBlk for your genuine concern! Sorry, I have been offline while you were posting. You are right! Our child was born very premature with a heart condition that required surgery. She also has developmental issues. This is why the doctor wrote the letter. Someone like you inspires hope for the human kind. You have the capability to reason as a human being, project sensible scenarios and put forward helpful recommendations. I appreciate your advice. Warmest regards.

 

[AzBlk]

Thanks AzBlk for your genuine concern! Sorry, I have been offline while you were posting. You are right! Our child was born very premature with a heart condition that required surgery. She also has developmental issues. This is why the doctor wrote the letter. Someone like you inspires hope for the human kind. You have the capability to reason as a human being, project sensible scenarios and put forward helpful recommendations. I appreciate your advice. Warmest regards.

Well thank you for your kind words. But like I said earlier you really should consider applying for a i-601 waiver instead of trying for COR. The hardship standard is much lower. Take a look at this forum they deal with a lot of i-601 waivers and there are many success stories.