My cousin was detained by ICE since August 30th, 2010 and put in removal proceeding. He first entered the US without inspection in 1980, left the US in 1982 for about a month and came back on F1 visa. Few months ago, his amnesty appeal was rejected by AAO with a “finding of fraud” which is totally baseless charge. While he was waiting for the NTA he received a call from a DHS agent asking him to come for few questions and my cousin went to meet him at a predefined location voluntarily but instead ICE served him with NTA and charged him as “arriving alien” because he used his “Advanced Parole” permit to travel outside the US for few days and he was detained since August 30th.
My cousin has maintained a clean record since he arrived to the US 30 years ago and he also has had no criminal record in any other country. He also has a good moral character and has been filing taxes every year for a corporation that he has owned for over 15 years. His removal would constitute extreme hardship for his USC parents who are 80 and 75 years old and who heavily depend on him for their well being and medical needs. Both parents are disabled and suffering from severe medical aliments that require regular and frequent treatment and visits to hospitals and doctor’s offices (including 3 kidney’s dialysis sessions every week) and my cousin is the primary caregiver for his parents since his USC brother is living and working overseas for over 5 years and no one else will take care of their parents in their absence (the brother had to leave his job and come back quickly to the US to take care of parents). Both parents have filed a Petition for Alien Relative on behalf of their son and both petitions are currently pending adjudication with USCS and will be current about 2 years from now.
We have filed a “Request for Release on Parole during Pendency of Removal Proceedings” with ICE but have not heard back from them. At one occasion the removal officer has asked for his passport which was expired long time ago and only used once on Advance Parole as stated earlier but we could not locate that passport however we did find a copy that was submitted promptly to the said officer. I assume we could get a renewed passport if necessary.
My questions are:
1- What is the likelihood of ICE releasing my cousin on Parole since he’s clearly not a security risk or a flight risk? And what has the passport to do with this determination if any?
2- Can he get a bond hearing before IJ?
3- When can his immigration file be turned over to the immigration court? Until now the immigration court telephone system does not have a record for his A number! What can we do to change that?
4- What is his chance of winning the “Cancelation of Removal” case? And how long the final judgment may take if he’s still detained?
5- If he wins this “Cancelation of Removal” case is there any visa quota available for him this year? If not can his visa be rolled over against next year quota?
6- Should he considers “Voluntarily Departure” if his removal case denied? If so, will he be granted any time to get out from custody to sell his 30 year worth of properties, dissolve his business, etc before deporting him?
7- Subsequent to his “Voluntarily Departure”, can my cousin return back to the US to claim his green card based on his parents’ Relative petition knowing that he’s subject to the 10 years bar?
We would highly appreciate your prompt reply and as many inputs and advice you can provide.
My cousin has maintained a clean record since he arrived to the US 30 years ago and he also has had no criminal record in any other country. He also has a good moral character and has been filing taxes every year for a corporation that he has owned for over 15 years. His removal would constitute extreme hardship for his USC parents who are 80 and 75 years old and who heavily depend on him for their well being and medical needs. Both parents are disabled and suffering from severe medical aliments that require regular and frequent treatment and visits to hospitals and doctor’s offices (including 3 kidney’s dialysis sessions every week) and my cousin is the primary caregiver for his parents since his USC brother is living and working overseas for over 5 years and no one else will take care of their parents in their absence (the brother had to leave his job and come back quickly to the US to take care of parents). Both parents have filed a Petition for Alien Relative on behalf of their son and both petitions are currently pending adjudication with USCS and will be current about 2 years from now.
We have filed a “Request for Release on Parole during Pendency of Removal Proceedings” with ICE but have not heard back from them. At one occasion the removal officer has asked for his passport which was expired long time ago and only used once on Advance Parole as stated earlier but we could not locate that passport however we did find a copy that was submitted promptly to the said officer. I assume we could get a renewed passport if necessary.
My questions are:
1- What is the likelihood of ICE releasing my cousin on Parole since he’s clearly not a security risk or a flight risk? And what has the passport to do with this determination if any?
2- Can he get a bond hearing before IJ?
3- When can his immigration file be turned over to the immigration court? Until now the immigration court telephone system does not have a record for his A number! What can we do to change that?
4- What is his chance of winning the “Cancelation of Removal” case? And how long the final judgment may take if he’s still detained?
5- If he wins this “Cancelation of Removal” case is there any visa quota available for him this year? If not can his visa be rolled over against next year quota?
6- Should he considers “Voluntarily Departure” if his removal case denied? If so, will he be granted any time to get out from custody to sell his 30 year worth of properties, dissolve his business, etc before deporting him?
7- Subsequent to his “Voluntarily Departure”, can my cousin return back to the US to claim his green card based on his parents’ Relative petition knowing that he’s subject to the 10 years bar?
We would highly appreciate your prompt reply and as many inputs and advice you can provide.