Please Help with Options Available

A

alisimon

Registered Users (C)
My wife and I have been apart for over two years now. She is in the US on a Withholding of Removal Status. I left US for Canada after I did not show-up for my hearing due to circumstances beyond my control. An immigration Judge ordered me removed if no acceptable reason for an appeal within 30 days. I could not meet the conditions for an appeal so I headed for the border.

Out here I am still waiting for my hearing now for two years. So I cannot sponsor her since I am not landed. I am doing a good job and my chances are presume to be higher in getting to be a resident. However, increasingly it is becoming painful to stay apart from the woman I so much love and decided to be with for the rest of my life.

Please suggest what options I have to be with the love of my life asap.

Thanks in advance for your opinion.
 
alisimon said:
My wife and I have been apart for over two years now. She is in the US on a Withholding of Removal Status. I left US for Canada after I did not show-up for my hearing due to circumstances beyond my control. An immigration Judge ordered me removed if no acceptable reason for an appeal within 30 days. I could not meet the conditions for an appeal so I headed for the border.

Out here I am still waiting for my hearing now for two years. So I cannot sponsor her since I am not landed. I am doing a good job and my chances are presume to be higher in getting to be a resident. However, increasingly it is becoming painful to stay apart from the woman I so much love and decided to be with for the rest of my life.

Please suggest what options I have to be with the love of my life asap.

Thanks in advance for your opinion.
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i really cant undestand, why you left your wife here alone?

why did not you leave together?
 
I do not understand either. What you said makes little sense. It looks like you have self-deported yourself from the United States and you have basically no immigration options as far as the U.S. is concerned.

And why the heck did your wife get withholding but not asylum?
 
I had to head for the border with no visa and anything could happen. I can be given to the USCIS who could redetain me or even deport me since I got a removal order. I did not want to involve my wife in such a risky move. Also, she could be a back-up in case I got back in immigration custody. Please note my only problem was a visa over stay and working without a permit. Costly it turn out to be but need help to get over this challenging moment of my live and relationship.

I can't head for my country because I can face life and death situations. The US immigration Judge gave my wife a Withholding of removal because she overstayed her visa before an immigration arrest and subsequent removal hearings. She got spared but only has an yearly renewable work permit.

Surely she might not get asylum here in Canada because she is kind of protected in there. Me I can't get her here because I am not landed yet or even heard.

I don't know if I had any options at all before I get landed in Canada which is painfully taking long without my sweet heart.
 
alisimon said:
I had to head for the border with no visa and anything could happen. I can be given to the USCIS who could redetain me or even deport me since I got a removal order. I did not want to involve my wife in such a risky move. Also, she could be a back-up in case I got back in immigration custody. Please note my only problem was a visa over stay and working without a permit. Costly it turn out to be but need help to get over this challenging moment of my live and relationship.

I can't head for my country because I can face life and death situations. The US immigration Judge gave my wife a Withholding of removal because she overstayed her visa before an immigration arrest and subsequent removal hearings. She got spared but only has an yearly renewable work permit.

Surely she might not get asylum here in Canada because she is kind of protected in there. Me I can't get her here because I am not landed yet or even heard.

I don't know if I had any options at all before I get landed in Canada which is painfully taking long without my sweet heart.
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If you indeed cannot return to your country "because I can face life and death situations" you might receive protection in Canada. You need to prove your case. Why you did not explain the situation to American authorites in the first place and received protection? Something is not adding up.
 
I did in my asylum application but not before a visa overstay and after I was arrested and detained. I posted a bail, got out but got late to hearing. Immigration Judge rule in my absence that I be removed if no reason for appeal. Reason for appeal has to be death of an immediate family member or serious sickness with documented proof.

I made a costly mistake I must admit but now has to salvage the situation.
 
alisimon said:
I did in my asylum application but not before a visa overstay and after I was arrested and detained. I posted a bail, got out but got late to hearing. Immigration Judge rule in my absence that I be removed if no reason for appeal. Reason for appeal has to be death of an immediate family member or serious sickness with documented proof.

I made a costly mistake I must admit but now has to salvage the situation.
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Being an overstay does not prevent you from receiving protection if you are eligible for it.

So you just skipped a hearing before the immigration judge? This means that you self-deported yourself (the law considers you as having been deported by the Government) and they will not allow you to come back. So think about Canada. The USA is not an option for you. Good luck.
 
Instead can my wife visit to Canada if she gets a visitor visa on a Withholding of removal and still return to the US?
 
alisimon said:
Instead can my wife visit to Canada if she gets a visitor visa on a Withholding of removal and still return to the US?
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No. The usual rule is that people in withholding status cannot leave the United States and come back. Why was she not granted asylum?
 
You need to wait for your immigration hearing in Canada. If you are granted then you can apply to immigrate your wife to Canada. As for now you barely have no options with the U.S Immigration because you've been ordered deported. A deportation order becomes final if no appeal is filed within the allowed 30 days.

Please be patient and pursue your case with the Canadian authorities.
 
For thankful
I understood from her that the Judge reached that decision after she could not establish adequate reason as to why she did not file for asylum after arriving in US and prior to the expiry of her visitor visa
 
alisimon said:
For thankful
I understood from her that the Judge reached that decision after she could not establish adequate reason as to why she did not file for asylum after arriving in US and prior to the expiry of her visitor visa
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I think the best you can do right now is to find a good lawyer to handle your Canadian appplication. If you win then your wife can join you in Canada and rebuid your lives there. The US is not going to be an option for you. Good luck and god speed.
 
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