Please Help!! My friend is about to be deported!!

L

Lisa20

Registered Users (C)
My friend is in a big trouble and I need your advice.

He came to the US from Mexico when he was 10. His mom was a live in maid who later on got citizenship. He got a green card. When he was 18 he joined the Marines (which shorten the waiting time for citizenship from 5 years to 3 years) but he never applied for the citizenship while being in the marines because he was too busy fighting in Iraq. He did call the Immigration help line (800 number we all know how "useful" that is...)

He had one medals, and awards for being an excellent soldier. He went to Junior high and high school in the US.

While in the Marines, he had met his wife. She is from the Philippines. She was married before him. She got pregnant and they wanted to get married. Then she found out she is not legally divorced (long story) so she got the divorce (it took a long time and the baby was born in the Philippines). Because the baby was born in the Philippines (a catholic country) the baby is owned by the government. They have to "adopt" their child... :( I don't get it! But to the point: He was in the Philippines and Japan (where his wife works) for 3 years.

He came back here after the 3 years (after his Marines service) and the officers in the border took his green card away (although it expires in 2007). They said he had been out of the country for too long, and why did he leave. Then he went to Mexico to get his birth certificate so he can "adopt" his child. Then the officers in immigration got real mad and put him on parole. Basically, if he leaves now before his hearing (that is in August) he loses his green card forever.

He can't imagine not living here. He went to an immigration lawyer who wanted $4000 just to represent him in court. He cannot afford this. What are his chances? he misses his family so much and doesn't know what to do. Will it just be a hearing after hearing?


Any answer would be appreciated, we are desperate.
:confused:
 
I forgot to mention..

When he called the 800 number, they told him on the phone that it's okay, he can just apply to citizenship when he finishes his service !! He doesn't remember who he talked to.
 
First of all let's check this out .
I am sorry for the situation of your friend but let me point out some factors.

1. He joined the Marines at 18 and since how long he was a LPR? long time, so that doesn't mean that suddently because he was on Iraq couldn't apply for citizenship, he could apply long time ago but he didn't (probably he didn't know it, yes that is true). Remember, if you are a LPR doesn't matter if you are a Marine or what, is consider that you are just working like everybody else, the only advantage to be in the military if you are a LPR is that you can apply for Citizenship (right now) faster than the others LPR.
www.house.gov/judiciary_democrats/ hr1954minview108cong.pdf

2. The law requires that the LPR who is going to be out of the country for more than a year needs a re-entre permit (with a duration of 2 years) before he leaves the US, because you have to accrue Continue Residence (except when he was deployed because his work). NOW, the part that I don't understand is when he meet his wife after the Marines Service? how long was since he finished his service and be out of the country? If it was more than a year as I understood then check this link about it.
http://uscis.gov/graphics/howdoi/PermRes.htm
http://uscis.gov/graphics/services/Emergency/index.htm#Reentry

3. I don't know about the laws in Philippines but that the majority (85-90%) of the country practice the Catholic Religion (there is a Philippine Church, Buddhists and Muslims) has nothing to do with that part of "the goverment owns the baby". The way you expressed call my attention, because make the assumption that because the Philippine is a Catholic Country the goverment owns the baby. And again, the majority of the people is catholic not the goverment. As I said I don't know the laws in the Philippines, is just better that you make a clear explanation about the adoption of their own baby. When she got birth in the hospital what happened when they register the baby?

4. Did he travel from the Philippines to Mexico and then come to the US? Why he didn't return directly to the US? It is my understanding with so many Consulates of Mexico in the US you don't have the need to travel to Mexico to get your birth certificate, you can apply for it in the Consulate (a friend experience).

5. Yes they told them was okay and that is correct. But he didn't return to the US it is my understanding, he went to the Philipplines right? That is the part that is not clear in your story. Explain.

Well, definetly is better not to leave and wait for his court hearing as it said in the USCIS website, since that is the final decision. He should look for different lawyers and look between price and knowledge of those type of cases. Put a file in order with all his travel tickets from Philippines and his marriage certificate and birth certificate of the baby,etc.


As I said I sorry about your friend's situation but is better that he get a good lawyer even he has to get a personal loan to get one.

good luck,
PD. Will be good if you explain with more details every part because there is a huge gap between his "end" of the service, meeting his wife, wife getting a divorce, birth of the baby and he returning to the US. got it? will be easy to help you or guide you.

And by the way in the military the term "end of the service" is for when you are not longer a military personnel. You should use "deployment" in case that you refer that he ends his term in Iraq but he is still in the Marines.
 
Lisa20 said:
My friend is in a big trouble and I need your advice.

He came to the US from Mexico when he was 10. His mom was a live in maid who later on got citizenship. He got a green card. When he was 18 he joined the Marines (which shorten the waiting time for citizenship from 5 years to 3 years) but he never applied for the citizenship while being in the marines because he was too busy fighting in Iraq. He did call the Immigration help line (800 number we all know how "useful" that is...)

He had one medals, and awards for being an excellent soldier. He went to Junior high and high school in the US.

While in the Marines, he had met his wife. She is from the Philippines. She was married before him. She got pregnant and they wanted to get married. Then she found out she is not legally divorced (long story) so she got the divorce (it took a long time and the baby was born in the Philippines). Because the baby was born in the Philippines (a catholic country) the baby is owned by the government. They have to "adopt" their child... :( I don't get it! But to the point: He was in the Philippines and Japan (where his wife works) for 3 years.

He came back here after the 3 years (after his Marines service) and the officers in the border took his green card away (although it expires in 2007). They said he had been out of the country for too long, and why did he leave. Then he went to Mexico to get his birth certificate so he can "adopt" his child. Then the officers in immigration got real mad and put him on parole. Basically, if he leaves now before his hearing (that is in August) he loses his green card forever.

He can't imagine not living here. He went to an immigration lawyer who wanted $4000 just to represent him in court. He cannot afford this. What are his chances? he misses his family so much and doesn't know what to do. Will it just be a hearing after hearing?


Any answer would be appreciated, we are desperate.
:confused:
Click to expand...


First of all, I am very sorry about your friend that is very sad, you would think a soldier would be treated better than that, because they are putting their lives in the line for all of us, that is a shame that he was treated like that. Anyways I would personally suggest that your friend stay for his hearing, it's only going to be one hearing, and it would be in front of an immigration officer, so no worries he doesn't need a lawyer, because the lawyer wouldn't say a word for him in court, it’s not a real court either, it’s more like an interview, he needs to have a good explanation on why he stayed out of U.S for too long, which I think he already does, and I am sure another month or two wouldn't hurt for the sake of this country, by the way cherr1980 did such a fine job on answering your question, isn’t that wonderful to have some one like that to take time to type all those supporting word and give such advice to you, I think that is wonderful, good luck and hope your friend’s hearing goes well.
 
Questions..

Thank you so much cherr1980, you've been so helpful.

He had met his wife while being in the Marines. She got pregnant after he was discharged from his 5 years of service in the marines. They didn't get married right away because she was legally married (she didn't know her X never turned the papers).

The thing with the baby- because the baby was born outside of marriage, the Philippine government says they own the baby. His wife is now trying to "adopt" her child.

I don't really know what happened with the birth certificate and why he went all the way to Mexico to get it. He was given a temporary green card then, so he though he can leave and come back. I think he needed the certificate right away in order to try to adopt his child from the Philippine government.


Here is my question:

The link: http://uscis.gov/graphics/services/...yBrochurev7.htm
is so helpful.
In fact, He had won awards and was an excellent soldier. BUT it has been 3 years since he was released from the Marines (it says on the law 6 months). The reason he never applied for his citizenship is because when he was in the Marines he called the immigration (800 number) and they gave him wrong information (how can that be....??) and said he can always come back, but he doesn't know who he talked to.

What should he do? Should he take a lawyer? If the lawyer can't speak for him anyway... is it better to have a lawyer? Do you think he has a chance? Can he use this law (naturalization Information for Military Personnel)?
:confused:
 
lbusch28 said:
First of all, I am very sorry about your friend that is very sad, you would think a soldier would be treated better than that, because they are putting their lives in the line for all of us, that is a shame that he was treated like that. Anyways I would personally suggest that your friend stay for his hearing, it's only going to be one hearing, and it would be in front of an immigration officer, so no worries he doesn't need a lawyer, because the lawyer wouldn't say a word for him in court, it’s not a real court either, it’s more like an interview, he needs to have a good explanation on why he stayed out of U.S for too long, which I think he already does, and I am sure another month or two wouldn't hurt for the sake of this country, by the way cherr1980 did such a fine job on answering your question, isn’t that wonderful to have some one like that to take time to type all those supporting word and give such advice to you, I think that is wonderful, good luck and hope your friend’s hearing goes well.
Click to expand...

I don't know if you are referring in a sarcastic way, which sounds like that. But as I said is my understanding (like everybody here) and what I search BEFORE I put my comments on this forum. Is not my willing to say that everything will be easy and "no worries at all" since I said I don't know or I am not sure about it. I just answered on what she said and I was clearing some points. He had his own reason and I respect that but those reasons for others (like immigration) has consequences and he should explained it. Real fact!

In a case like this he must appear at the court which going to rule in his case and he should provide all the information (including information about the Philippine law about children born out of marriage). He was out of the country after his deployment and after he was discharged from the military.

That he served the country and all that and he is treated as every other person is unfair, I agree with that. But I referred that the law it doesn't said anything about "because you served in the Marines and bla bla" even people who already served in the US military and even are US citizen has problem from payments, insurances and other things and that is not new. So if it's unfair? yes it is, but is reality. I am sorry if you consider that I am very sincere and not use "delicate words" is not my style.

good luck,
 
Lisa 20, I am searching some stuff I will answer in a little bit. The last reply wasn't for you.

good luck,
 
Hi Lisa, well the part of the lawyer is really his call, since I don't know about how is the immigration court is not a state or civil court you know, is ruling by federal law so for me is better to be prepared.
He should get all this information, that can helps:

1. Timeline of all his movements, including while he was deploy.
2. He should has his "DD214" he should know what it is, is his military records.
3. Dates of marriage and birth of his baby, including certificates. Remember they need all proof in writing, translated and certified.
4. A copy of the Philippine's law about "babies born out of the marriage" as you explained. I just found the Family Law but check these links:
http://family.houseonahill.net/inde...mily-code-of-the-philippines-titles-v-to-xii/

http://www.census.gov.ph/data/civilreg/birth.html

5. Papers for adoption and travel tickets and proof of his out of the country (that he was in the places that he is explaning)

His discharge was because of? that is very important: the service characterization on the discharge. (doesn't matter if he won awards, medals). HE is the person who should explained that to you, because makes a lot of difference. Was honorably discharge, medical issues?

Unfortunately the part that he couldn't make the citizenship application by the time he was able, because he got an information that he can do it later, probably thinking that he can do it later BUT when he finished his duty in Iraq, not longer than that. I didn't find anything that can help him. Did he contact his officer in command about his interest to be a US citizen? the soldier should contact his commander about it and there are part of the military who work with that since there is a part of the papers that they have to fill out. If he has evidence of it and they didn't do anything that can help!!

He can contact the office of Veterans Affairs and his Senator office and explain the situation and see what they can do for him, that will help.

This is a link http://commdocs.house.gov/committees/judiciary/hju86950.000/hju86950_0.HTM
about the discussion of the law is too long and I don't have enough time today to read it BUT have the names of many congressman that he can write about his case, plus you can read it and probably can help you in some way. I don't find anything about what happen if there is too much time after you get discharged. He anyway has the right to apply for citizenship but there is the problem of the continue residence because his personal issues in the Philippines.

I think if he goes with enough information about why he got so much time out and explained very carefully the Immigration Court should understand.

Good luck :)
 
Thanks everyone. I am doing research right now. If any of you know anything, please post. Anything will be helpful :eek:
 
cherr1980 said:
I don't know if you are referring in a sarcastic way, which sounds like that. But as I said is my understanding (like everybody here) and what I search BEFORE I put my comments on this forum. Is not my willing to say that everything will be easy and "no worries at all" since I said I don't know or I am not sure about it. I just answered on what she said and I was clearing some points. He had his own reason and I respect that but those reasons for others (like immigration) has consequences and he should explained it. Real fact!

In a case like this he must appear at the court which going to rule in his case and he should provide all the information (including information about the Philippine law about children born out of marriage). He was out of the country after his deployment and after he was discharged from the military.

That he served the country and all that and he is treated as every other person is unfair, I agree with that. But I referred that the law it doesn't said anything about "because you served in the Marines and bla bla" even people who already served in the US military and even are US citizen has problem from payments, insurances and other things and that is not new. So if it's unfair? yes it is, but is reality. I am sorry if you consider that I am very sincere and not use "delicate words" is not my style.

good luck,
Click to expand...


Dear Cherr1980
sarcastic way….that is sooooo NOT true, I seriously meant what I said, the only reason I said that was because when I came to the U.S the one thing I realize that nothing is free and you can’t find friendly advice from others, but coming to this website and seeing strangers giving you a advice and treat you like they care made me say that common, I wasn’t being sarcastic at all as the matter effect I thought that you really put a lot of effort in your answer and that was very nice of you and that is all I meant to say and that is all I said, I am not goanna apologize because I wasn’t being sarcastic and it’s obvious, it sounds to me like you need to read that post once again.
 
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Okay, sorry then. I thought you was sarcastic, that's all. And yesss you have no idea how much I was looking, searching and calling friends for more information, my husband was going to put a lock in the computer because it was too late and was time to go to bed.
Okay so nothing happened then, everybody is helpful here, that is very encouraging don't you think?
thanks!!
 
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