removal proceeding

toska

New Member
May 15, 2003
I'm US Citizen married to alien wife, we have two children together, both of them born here and expecting another one this July. Currently she is in removal proceedings. She came to US in Jan '98 as a K-1 (fiancée) to be married to an American Citizen. Her visa was good for 90 days. She lived with him for approximately two months and decided not to married the guy and left him, and asked for political asylum. At about the same time we met. Few months later we got married. Her asylum request was denied and referred to an IJ. In mean time we applied the petition (I-30) I was with a Permanent Resident Status at the time. The Judge denied the asylum. We appealed the Judges decision to the Board of Immigration. A month ago she became current for visa (adjustment of status).about the same time decision on her appeal was denied.
So: My wife has to go back to her country and apply through the American Consul for permanent residency. She is not statutory eligible to adjust the status here because she came with K-1. If she returns the removal proceedings would become in effect and she will be inadmissible for 5 years. If she stays here she accumulates as nonimmigrant "without status" and eventually be deported anyway. Please advise us.., what can we do.., what would be the right path to avoid separation.., are the INS going to nock on our door soon…?
Thank you for you time.
Toska Family
 
Deportation Relief

I would first like to mention that the best thing to do is to consult with an attorney, you should be able to apply for relief under section 212 h, proving that her deportation would lead to extreme and unusual hardship to her U.S. Citizen Spouse (you) and her U.S. Citizen born and unborn child. Please note, that financial hardship is not considered as a factor. This is very complicated and undefined relief, but it is available and you should consult with an attorney. I have been deported and have done extensive research and am currently fighting for the same type of relief. I was misrepresented by my attorney and I advise you to be very careful when selecting your attorney as your defense can vary greatly by who you hire.

Regards
Manuel Pereira
 
Selection of Immigration Lawyer

I would first like to mention that the best thing to do is to consult with an attorney, you should be able to apply for relief under section 212 h, proving that her deportation would lead to extreme and unusual hardship to her U.S. Citizen Spouse (you) and her U.S. Citizen born and unborn child. Please note, that financial hardship is not considered as a factor. This is very complicated and undefined relief, but it is available and you should consult with an attorney. I have been deported and have done extensive research and am currently fighting for the same type of relief. I was misrepresented by my attorney and I advise you to be very careful when selecting your attorney as your defense can vary greatly by who you hire.

Regards
Manuel Pereira


Dear Manuel,

I went through the whole process including the pallication for citizenship. I can just reinforce how important it is to get a good immigration lawyer. I fired mine and did the stuff mysself. However, mine was an easy case.
Traditionally, the best immigration lawyers are, if you listen to advice from the legal community, in New York. Even though I lived back then in TN I did a short phone conversation about a tricky point with a NY lawyer and he gave me the best advice (my TN immigration lawyer failed to do so).

All my best

D.
 
Top