Order Of Removal, please help ! What should I do next ?!

danitajohnson

Registered Users (C)
I got married with my Thai wife three years ago back in 2009. I had field the i-485 for her then, 18 years old daughter and herself. They both have received the work permit and SSN. However, my wife did not pass the green card interview because she and her daughter have an order of removal which we NEVER knew before. We NEVER get any deportation notice, paper or documents in regarding this. My wife and stepdaughter had a court apparel on September 13th of 2010 regarding their removal issue ( two months before the green card interview), we NEVER been notify in regarding that as well. The staff didn’t tell us what the removal was for but did asked us to go take care of it since it has not yet been finalized. My wife( and stepdaughter) overstayed in the U.S. for 6 years before I married her. Our lawyer suggested that we wait for the result on the further deportation result to arrive, which likely going to take up to a month; then we’ll go on from there. Even the lawyer NEVER knew that they had an order of removal ! We waited for over four months and have not heard any words from the court or the immigration, therefore both my wife and stepdaughter decided to leave the U.S. voluntarily. Is there a possibility that I can re-open the removal case for them ? Even though they are no longer in the U.S., can I still represent them as a husband and a stepfather ? I heard that I need to file an i-130, what is the form for ? Do I need to file an i-212 and i-601 as well ? How long does a process with such case usually takes ?Please help !! I really want my wife back with :( I miss her terribly.

P.S.
My stepdaughter is turning 21 soon and I heard that if she's over 21, I can no longer sponsor her. Is that true ?
 
All noncitizens in the US are supposed to file AR-11 to report changes of address. I bet she did not do that, so they were unable to contact her about the removal proceedings.

I heard that I need to file an i-130, what is the form for ?
You must have already filed the I-130s before or together with the I-485s. Otherwise the I-485s would have been promptly rejected.

My stepdaughter is turning 21 soon and I heard that if she's over 21, I can no longer sponsor her. Is that true ?
Not true for this situation. You are (presumably) a US citizen and you filed the I-130 before she's 21, so turning 21 won't make her lose eligibility.
 
If you filed the I-130 before she turns 21, you can still sponsor her -- except that the 10 year ban may defeat that possibility. Did you file it already?

They'll need waivers to return to the US, or they'll have to wait out the 10-year ban.
 
Top