Illegal immigrant found "the one"

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brianag

New Member
My husband and I married in 2003 and we now have two children. We went to a lawyer around September of 2006 because he was an illegal immigrant.(He entered illegally.) We needed to find out how we should file for a green card for him. At that appointment we found out he was ordered deported in 2002. Now they say supposed to raise two kids by myself? We can't move to his country because of all the violence and diseases. My children are 1 and a half years old and three weeks old. It's too dangerous for us to move there, I don't he has to go back to his country to file for papers. But no one knows how long he will have to stay. They say it can take up to ten years. How am Iwant them to get sick. But then with us staying here I'm going to be a single parent. I don't have any kind of degree. The best job I'm going to be able to find pays $6 an hour. I'm not saying that's anybodies fault, but I'm married. There should be 2 incomes in this family. How long are my children going to have to live without a father? It isn't fair to them or me. I need my husband!! He means so much to me. I don't understand why he has to leave at all. Yes, he's made some mistakes in the past. But if he didn't then we would have never met. Now my children have to be punished. Why?
 
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brianag said:
My husband and I married in 2003 and we now have two children. We went to a lawyer around September of 2006 because he was an illegal immigrant. We needed to find out how we should file for a green card for him. At that appointment we found out he was ordered deported in 2002. Now they say he has to go back to his country to file for papers. But no one knows how long he will have to stay. They say it can take up to ten years. How am I supposed to raise two kids by myself? We can't move to his country because of all the violence and diseases. My children are 1 and a half years old and three weeks old. It's too dangerous for us to move there, I don't want them to get sick. But then with us staying here I'm going to be a single parent. I don't have any kind of degree. The best job I'm going to be able to find pays $6 an hour. I'm not saying that's anybodies fault, but I'm married. There should be 2 incomes in this family. How long are my children going to have to live without a father? It isn't fair to them or me. I need my husband!! He means so much to me. I don't understand why he has to leave at all. Yes, he's made some mistakes in the past. But if he didn't then we would have never met. Now my children have to be punished. Why?
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There is something called a waiver". I don't know if it will apply to your situation. Did he enter legally or illegally? Did he just overstay?

You have a difficult choice to make. Whether to go with him or to stay. Either way God will help you. Don't give up sweetie!!
 
You need consultation from a good lawyer. A waiver is required. Without a waiver there is a 10 year bar on him.
Also since the deportation was ordered he can be arrested anytime. A friend of mine has the same situation and his lawyer mistakenly didnt file the waiver. He is suffering since about 6 years now. So you need good lawyer at this point.
 
brianag said:
My husband and I married in 2003 and we now have two children. We went to a lawyer around September of 2006 because he was an illegal immigrant. We needed to find out how we should file for a green card for him. At that appointment we found out he was ordered deported in 2002. Now they say he has to go back to his country to file for papers. But no one knows how long he will have to stay. They say it can take up to ten years. How am I supposed to raise two kids by myself? We can't move to his country because of all the violence and diseases. My children are 1 and a half years old and three weeks old. It's too dangerous for us to move there, I don't want them to get sick. But then with us staying here I'm going to be a single parent. I don't have any kind of degree. The best job I'm going to be able to find pays $6 an hour. I'm not saying that's anybodies fault, but I'm married. There should be 2 incomes in this family. How long are my children going to have to live without a father? It isn't fair to them or me. I need my husband!! He means so much to me. I don't understand why he has to leave at all. Yes, he's made some mistakes in the past. But if he didn't then we would have never met. Now my children have to be punished. Why?
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Hi:

You did not specifically mention whether your husband entered the US with inspection (i.e. with a valid visa or status, which has expired) or without inspection (sneaking across the border e.g.). That makes a big difference.

I assume you do not have the money for an attorney. I would suggest contacting Catholic charities or your local bar association. Many in CA and TX - the two states I am familiar with - offer pro bono services or services at a very low cost.

Best wishes.
 
I'm not saying that's anybodies fault, but I'm married. There should be 2 incomes in this family. How long are my children going to have to live without a father? It isn't fair to them or me. I need my husband!! He means so much to me. I don't understand why he has to leave at all. Yes, he's made some mistakes in the past. But if he didn't then we would have never met. Now my children have to be punished. Why?
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when somebody breaks the law (let's say - robs somebody) and has to go to jail for x years, do his spouse and children ask other people why in the world they now get to live without a husband and a father? Do they claim it's unfair? Do they say it's unjust to have one income in the family, just because the husband/father made a mistake of breaking the law?

You made a choice to marry your husband, you knew he broke the law, you knew he could be punished for it sooner or later, so you should ask him why you get punished for his irresponsible behavior.
 
You asked for it, brother... sorry, sister (Atlas Shrugged and Life of Brian references - here). If you (collective "you") weren't pushing for draconian immigration laws, you wouldn't have been in this situation. Zero sympathy, you made your bed..., toughski shitski, etc.
 
Some ideas....

Lucy and Shrek,

Guys, give the lady an opportunity to solicit help. As much as she made her bed, and has to sleep in it, we aren't obliged to help her in terms of ideas, but people are free to offer suggestions on her case, without her feeling as if she arrived in hell.... :confused:

Shrek, if your Fiona had violated the law, would you have supported the so-called draconian laws which you claim people advocated for? I wonder... :p I believe that when you meet someone, you don't ask them if they have violated any laws, do you? :rolleyes:

Brainag, your case isn't clear on some issues: Did your spouse enter without inspection or merely overstayed his or her visa? If he/she overstayed his visa, then he or she doesn't need to leave the US to change his status, and if your attorney knew this and still suggested he or she leave the US, run away from this lawyer.:mad: He is giving you inaccurate counsel..:confused:

However, if he or she entered the country without inspection(EWI), meaning he/she was never issued a visa by a US consulate abroad, then your attorney is correct in advising you that your spouse is required to leave the US and go to back to his or her home country. Alternative, he or she will need to apply for a waiver for this requirement, which is one of the most difficult waivers to be issued by USCIS or DOJ.. :cool: Actually, you have a shot of being on a space shuttle to Mars than be issues one of this waivers...

I can only wish you the best in your endeavor..... :eek:
 
Giovanni28 said:
Got a question, Al. Would the I-485A be relevant in her case? Just curious...
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Hi:

I485A would not be relevant. It does not "cure" entry without inspection. Even if he did enter with inspection (and from scrutinizing her post it seems as if he did not), I485A is not really needed, because he is the spouse of a USC.

Under either scenario, I485A is "irrelevant."
 
Al Southner said:
without her feeling as if she arrived in hell....
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And why the hell not? I had to wade through the immigration shit for damn near 10 years, why shouldn't I let her have a taste of what she forced on me? I do believe in Mencken's democracy, y'know: "the belief that common people know what they want, and deserve to get it - good and hard".
 
I overheard a similar case when I was at my lawyer's office last week, the husband entered illegally, the wife was an USC and wanted to file I-485 for him, but there's no remedy since the whole situation started illegaly. The husband had to go back to China somehow, by boat or swimming, and apply for his residency here. Sorry to hear about your case, but looks like you've just screwed yourself up given what you said was true.
 
brianag said:
My husband and I married in 2003 and we now have two children. We went to a lawyer around September of 2006 because he was an illegal immigrant.(He entered illegally.) We needed to find out how we should file for a green card for him. At that appointment we found out he was ordered deported in 2002. Now they say supposed to raise two kids by myself? We can't move to his country because of all the violence and diseases. My children are 1 and a half years old and three weeks old. It's too dangerous for us to move there, I don't he has to go back to his country to file for papers. But no one knows how long he will have to stay. They say it can take up to ten years. How am Iwant them to get sick. But then with us staying here I'm going to be a single parent. I don't have any kind of degree. The best job I'm going to be able to find pays $6 an hour. I'm not saying that's anybodies fault, but I'm married. There should be 2 incomes in this family. How long are my children going to have to live without a father? It isn't fair to them or me. I need my husband!! He means so much to me. I don't understand why he has to leave at all. Yes, he's made some mistakes in the past. But if he didn't then we would have never met. Now my children have to be punished. Why?
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Stay put...u might get some help from the new congress...
 
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