Hi all...My husband is in a prison right now facing deportation. He was born in Venezuela & arrived in the US when he was 2 years old. His parents & entire family is Cuban. Is there any way I can go to the Venezuelan Consulate & try to renounce his Venezuelan citizenship to avoid him being deported? Does anyone know if that is possibility?
Renouncing Citizenship?
- Thread starter AHJ
- Start date
- Status
Triple Citizen
Registered Users (C)
dafortycal
Registered Users (C)
No other country will take him if he isnt a citizen of that country...So that wouldnt work either...But I went to the Venezuelan Counsulate & spoke to the Counsol...I have a meeting with her & the man in charge of the deportations tomorrow morning...Its looking good cause of the fact that he has NO Venezuelan Passport or NO Venezuelan ID...Ill keep you posted!
Last edited by a moderator:
dafortycal
Registered Users (C)
You can play this game but you will lose. If he is ordered deported, ICE will attempt to remove him before 90-day days is up. They will make written notice on him thay he must assist with obtaining a travel document back to his place of birth. Lets assume that there isn't a law on the books in his country that allows him back after giving up his citizenship, he now has a major problem. He is now in violation of a US law and can be sent to prison for 24-months for failing to help obtain a TD.
And after he is out of prison, they will repeat the process. His country will issue a TD one way or another rather than risk the State Department cutting off all visa's to it.
And after he is out of prison, they will repeat the process. His country will issue a TD one way or another rather than risk the State Department cutting off all visa's to it.
I just got back from the Consulate...Im not gonna pursue giving up his citizenship for reasons they explained...That would be admitting he is in fact a Venezuelan Citizen...That is what I am trying to avoid & they are on my side...He has NO Venezuelan Passport nor a Venezuelan ID...So with that being said, there isnt sufficiant proof that he is a Venezuelan Citizen...So when ICE contacts the Consulate, they are going to tell them that they have no real proof that he is a citizen, therefor they are not going to accept him...At which point he will have to go under his parents Cuban citizenship...
ICE is going to pick him up in about 2 or 3 weeks...I will keep you posted!
ICE is going to pick him up in about 2 or 3 weeks...I will keep you posted!
dafortycal
Registered Users (C)
ICE is still going to issue that letter, they know where he is from, he knows where he is from and so do you. He is going to be required to give a sworn statement, if he lies, he goes to prison. If he doesn't attempt to get a TD, he goes to prison! Maybe you should be spending your time to getting your visa ready to join him in his country. The IJ will order him deported there, if they are unwilling, ICE will attempt to send him to Cuba. I do think that Cuba is taking people back, not all but certain ones. Which consulate location did you visit? there is a chance that ICE could try to get a passport from another office.
Last edited by a moderator:
dafortycal:
First & foremost, the Cuban Government does not accept ANYONE back! If one is from Cuba and detained, they will be picked up by ICE, sent to the immigration detention center where they will file any papers they need to file. After all the paper work, they are set FREE in the US with a 'hold' on them, so when the day comes that Cuba is FREE they will then be deported back to Cuba once they get a hold of them.
Once he goes to immigration they will contact the Venezuelan Consulate. If the Venezuelan Consulate cannot prove that he is a Venezuelan, there is nothing he can do about it. He has nothing to lie about cause like you said, we all know where he was born. 'if he doesnt attempt to get a TD he goes to prison'??? He is already in prison. He cannot go back to prison because he didnt do anything. He cant just obtain a TD from anyone. It has to be given to him by a consulate. Cuba does not issue TD's because they do not accept people back into Cuba. The US will not give him citizenship because he wasnt born here. Venezuela most likely will not give him a TD because there is not sufficient proof. Therefore when his time is up & there hasnt been a decision made within 90 days, immigration has to mandatorily release him as 'stateless', meaning he has no citizenship but he is still able to obtain a driver's license, work permit and so on. He also cannot travel outside the US. He will be able to get Cuban citizenship once he is free because his parents are Cuban. The Cuban Adjustment Act. Any person born outside of Cuba with at least one Cuban parent is able to obtain Cuban Citizenship.
All his papers will go to the Consulate that pertains to his case. Meaning that if he is in 'X' city they are not gonna send his papers to 'Y' state. So the chance of them sending papers to another consulate just because they do not want to accept him is unirrelavent.
ps.
thanx envision!
First & foremost, the Cuban Government does not accept ANYONE back! If one is from Cuba and detained, they will be picked up by ICE, sent to the immigration detention center where they will file any papers they need to file. After all the paper work, they are set FREE in the US with a 'hold' on them, so when the day comes that Cuba is FREE they will then be deported back to Cuba once they get a hold of them.
Once he goes to immigration they will contact the Venezuelan Consulate. If the Venezuelan Consulate cannot prove that he is a Venezuelan, there is nothing he can do about it. He has nothing to lie about cause like you said, we all know where he was born. 'if he doesnt attempt to get a TD he goes to prison'??? He is already in prison. He cannot go back to prison because he didnt do anything. He cant just obtain a TD from anyone. It has to be given to him by a consulate. Cuba does not issue TD's because they do not accept people back into Cuba. The US will not give him citizenship because he wasnt born here. Venezuela most likely will not give him a TD because there is not sufficient proof. Therefore when his time is up & there hasnt been a decision made within 90 days, immigration has to mandatorily release him as 'stateless', meaning he has no citizenship but he is still able to obtain a driver's license, work permit and so on. He also cannot travel outside the US. He will be able to get Cuban citizenship once he is free because his parents are Cuban. The Cuban Adjustment Act. Any person born outside of Cuba with at least one Cuban parent is able to obtain Cuban Citizenship.
All his papers will go to the Consulate that pertains to his case. Meaning that if he is in 'X' city they are not gonna send his papers to 'Y' state. So the chance of them sending papers to another consulate just because they do not want to accept him is unirrelavent.
ps.
thanx envision!
dafortycal
Registered Users (C)
Time will tell. He might have already been interviewed in prison by a INS officer and provided all the needed information for a TD, if he was a agg.felon, the District Director might have already ordered him deported. He will not be allowed to adjust, because he will have to provide the bio information need. He is screwed, and if he is released on a OSUP and screws up, back into INS custody for another 90-days. You're 100% correct, he can't go back to State prison for not getting a TD, but he can go to a federal one. Also, some places make it a condition of parole that a alien be deported. If INS can't do that, they might be able to send him back into State custody on a parole violation. You also forget that he is a INS detainee, just because they can't get a TD in chicago, doesn't mean they can't ship him across country to someplace with a more friendly consule that will issue a TD.
Last edited by a moderator:
Of course he has not been interviewed by an INS officer. He will not be interviewed until he gets to Immigration. The only person that has ordered him deported, (which by the way yesterday in COURT, the immigration judge said he wanted to go over all the testimony tapes, said that he still had to think about whether he really wants to order him deported), would be the immigration judge. He could still be able to go under his fathers US citizenship. There is no need for a 'District Director' to get involved. Its not like he killed anybody. Or really did anything for that matter. His charge was conspiracy. Again, he WILL NOT go back to any STATE prison & of course not a FEDERAL one! You are getting off topic and kind of rambling & finding excuses and just wanting to throw him anywhere you can! LOL. The Feds will not want him or much less have any room for such a simple case. Also, forget about the 'parole'.
This is very simple. Either Venezuela accepts him or doesnt. There is no need for Feds or parole or anything you are mentioning. You know just like everything you said, Venezuela really doesnt have to accpet him right? They pretty much have the last word. The US cannot force somebody into another country if that country does not want to accept him.
Quit throwing all this BAD KARMA into my forum & loosin' up a bit!
Regardless, here or in Venezuela, he's still FREE & thats all that matters!
This is very simple. Either Venezuela accepts him or doesnt. There is no need for Feds or parole or anything you are mentioning. You know just like everything you said, Venezuela really doesnt have to accpet him right? They pretty much have the last word. The US cannot force somebody into another country if that country does not want to accept him.
Quit throwing all this BAD KARMA into my forum & loosin' up a bit!
Regardless, here or in Venezuela, he's still FREE & thats all that matters!
dafortycal
Registered Users (C)
You just keep thinking that way and keep posting, we will see which one of us is more correct on this issue.
dafortycal
Registered Users (C)
Now, how in the hell can a IJ be making a ruling in his case, if he has not been interviewed by a immigration officer? Someone had to do the Notice to Appear and submit it to the court. I think your husband has not been telling you the whole truth.
You said his parent were Cuban, now one is a USC? You have no clue what your talking about. Furthermore, "conspiracy" is not a stand alone charge, he had to conspirer to do something else. Hate to tell you this, but if he is in violation of the IN&A and is not a LPR, there isn't much the IJ can do to allow him to stay, IJ's don't violate the law because they feel like letting someone stay. I think that him being PWA, plus lack of GMC is something that can not be overlooked. Even if his father is a USC, he is a criminal, over 21 and married. There will be a long wait for any visa that I might be able to get. Please don't attempt to tell me about what the feds can or will not do, I was once a INS officer and deported hundreds of people each year. I'm also married to a GC holder, and that is why I'm in this forum. Bad Karma is a criminal alien, and you married one.
I can't wait to see which one of us is right... Now, if his now USC father had a immigration file someplace, chances are very good that your husbands birth information is listed on one or more documents inside, might even have a copy of a birth certificate. Claiming a USC father might give the INS all the evidence they need.
You said his parent were Cuban, now one is a USC? You have no clue what your talking about. Furthermore, "conspiracy" is not a stand alone charge, he had to conspirer to do something else. Hate to tell you this, but if he is in violation of the IN&A and is not a LPR, there isn't much the IJ can do to allow him to stay, IJ's don't violate the law because they feel like letting someone stay. I think that him being PWA, plus lack of GMC is something that can not be overlooked. Even if his father is a USC, he is a criminal, over 21 and married. There will be a long wait for any visa that I might be able to get. Please don't attempt to tell me about what the feds can or will not do, I was once a INS officer and deported hundreds of people each year. I'm also married to a GC holder, and that is why I'm in this forum. Bad Karma is a criminal alien, and you married one.
I can't wait to see which one of us is right... Now, if his now USC father had a immigration file someplace, chances are very good that your husbands birth information is listed on one or more documents inside, might even have a copy of a birth certificate. Claiming a USC father might give the INS all the evidence they need.
Last edited by a moderator:
Last thing I recall was that on November 20th at 3:53pm you wrote: 'You just keep thinking that way and keep posting, we will see which one of us is more correct on this issue.'
That was the end of that...Now on November 21st at 12:00am you wrote again...I thought you had let it go? Why does it bother you so much that you couldnt leave the topic how it was? You can tell you were an INS officer.
First off, you dont know me nor my husband & even less the case! Dont sit there and tell me what my husband has or has not told me. I dont appreciate it & it is definately none of your business & has NOTHING to do with this topic!
We have an attorney. So any and every paper my husband needed to submit to the courts has been sent since last year. We've had this attorney ever since immigration took over.
Both his parents where born in Cuba. His father became a citizen in 1996. What is it you dont understand?
Conspiracy to commit a robbery.
A little about the case. There were 4 others involved. My husband was picked up 2 weeks after the incident took place. He said-she said. They searched the entire house couldnt find anything to tie him down to, so of course, how you 'officers' are, had to charge him with something. So 'conspiracy' was the charge. I know everything. Do not tell me I dont know what goes on with my husband! My husband has been doing time for no reason.
& really, I could care less who you are married to!
& I could definately care less that you 'were' an INS officer & Im glad you enjoyed deporting people each year.
I rather have married a man that did time on the house for no reason, but also showed him to be grateful for everything he has than to have married an ungrateful person like yourself. People like you have no feelings or emotions and are selfish. You hate to see other people happy & full of hope & faith.
People like you give me motivation!
Thanx!
That was the end of that...Now on November 21st at 12:00am you wrote again...I thought you had let it go? Why does it bother you so much that you couldnt leave the topic how it was? You can tell you were an INS officer.
First off, you dont know me nor my husband & even less the case! Dont sit there and tell me what my husband has or has not told me. I dont appreciate it & it is definately none of your business & has NOTHING to do with this topic!
We have an attorney. So any and every paper my husband needed to submit to the courts has been sent since last year. We've had this attorney ever since immigration took over.
Both his parents where born in Cuba. His father became a citizen in 1996. What is it you dont understand?
Conspiracy to commit a robbery.
A little about the case. There were 4 others involved. My husband was picked up 2 weeks after the incident took place. He said-she said. They searched the entire house couldnt find anything to tie him down to, so of course, how you 'officers' are, had to charge him with something. So 'conspiracy' was the charge. I know everything. Do not tell me I dont know what goes on with my husband! My husband has been doing time for no reason.
& really, I could care less who you are married to!
& I could definately care less that you 'were' an INS officer & Im glad you enjoyed deporting people each year.
I rather have married a man that did time on the house for no reason, but also showed him to be grateful for everything he has than to have married an ungrateful person like yourself. People like you have no feelings or emotions and are selfish. You hate to see other people happy & full of hope & faith.
People like you give me motivation!
Thanx!
dafortycal
Registered Users (C)
I don't know what your problem is other than being married to a criminal. I attempted to help you, but it was clear that you are withholding major facts and live in your own little world. I do believe that a felony conviction for conspiracy to commit a robbery is going to make your husband a agg.felon, under section INA Section 101 (a) 43 (G) if he was convicted of a felony, and sentenced to a term on 1 year or more in jail, less than that still makes it a CIMT. A crime, which is a misdemeanor under state law, but, if prosecuted under Federal Law, would have been a FELONY is an INS Defined AGGRAVATED FELONY. You still haven't explained how you are going in front of a IJ, but claim that he has never spoken to a immigration officer. I'm telling you, that is not possible! Remember this, I wasn't the one who made the first post asking for help.
I'm pretty sure that I know how this will turn out. Your Attorney is going to ask the IJ for Vol. departure under safeguards, rather than take a deportation. You will pay the cost of his flight home, he will fly to his country, then apply for a waiver of his criminal conviction, and submit a I-130 for his return. If you think he is going to walk out the door of a detention center a legal resident GC holder you are sadly mistaken. Maybe you should be seeing his consule about you getting a green card from his country...
Better start putting in extra hours at the gas station, your immigration attorney is going to bleed you dry..
BTW.. I didn't enjoy deporting people, and not every alien that I met got arrested, but every alien that I deported was a criminal who broke the law. For some strange reason, I have a mental picture of you, white, 5-6 inches tall, 250 lbs. plus, and wearing your best pair of sweat pants to court.
Be careful about asking advice, sometimes people don't tell you what you want to hear. Have you noticed that no one else is saying that I'm wrong about this but you?
I'm pretty sure that I know how this will turn out. Your Attorney is going to ask the IJ for Vol. departure under safeguards, rather than take a deportation. You will pay the cost of his flight home, he will fly to his country, then apply for a waiver of his criminal conviction, and submit a I-130 for his return. If you think he is going to walk out the door of a detention center a legal resident GC holder you are sadly mistaken. Maybe you should be seeing his consule about you getting a green card from his country...
Better start putting in extra hours at the gas station, your immigration attorney is going to bleed you dry..BTW.. I didn't enjoy deporting people, and not every alien that I met got arrested, but every alien that I deported was a criminal who broke the law. For some strange reason, I have a mental picture of you, white, 5-6 inches tall, 250 lbs. plus, and wearing your best pair of sweat pants to court.
Be careful about asking advice, sometimes people don't tell you what you want to hear. Have you noticed that no one else is saying that I'm wrong about this but you?
Last edited by a moderator:
According to international law you can't renounce your only citizenship. So Venezuela, in order to comply with international law, would never accept his attempts to renounce his citizenship. Even less so can a stranger (you) walk into an embassy and try to renounce someone else's citizenship. However, what you can do, is go with him when he gets deported. At your own risk of course. So good luck with that.
dafortycal:
I have no problem. My question for this post was: 'Is there any way I can go to the Venezuelan Consulate & try to renounce his Venezuelan citizenship to avoid him being deported? Does anyone know if that is possibility?'...You're right, you did try to help, in your own sarcastic ways, ie. 'you should be looking for another country that will take him','You can play this game but you will lose', 'Maybe you should be spending your time to getting your visa ready to join him in his country', 'He is screwed', 'I think your husband has not been telling you the whole truth'....Then you started getting personal about me marrying a 'criminal' with no clue of what really got him there in the first place. Now if you really think I am going to stay quiet after that, you're crazy! All you had to do was answer the question...Whatever happened to 'good luck trying' or 'i hope you really can figure something out' or anything 'POSITIVE' instead of all your negativity?!
His charge does fall under an agg. felon. Thats why we are going thru all this. He cant have voluntary departure because of the agg felon conviction. So that was out of the question a long time ago. So either he gets deported or he doesnt. Ive already done all I can to help him stay. Everything from going to all the court dates, to the attorneys office to the Venezuelan Consulate. My next &last time is going to be when he gets to immigration, (they told me to go back when he gets there). Other than that, it is what it is. & before I forget, my apologies, he was interviewed in August 2006!
PS.
Im tan, Hispanic, Cuban-Puerto Rican, 5'1, 115 lbs & very chic. Pardon the defensivness...It must be the Puerto Rican in me. But the 'sweatpants in court was a real kneeslapper'! LOL
nscagony:
I mentioned I wasn’t going to persue the ronouncing of citizenship anymore. So that is out of the question. & I don’t consider myself a ‘stranger’. Im his wife. I know I cant renounce for him. We settled for something else when I went to the consulate. & since that’s my husband, I will definitely be going.
I have no problem. My question for this post was: 'Is there any way I can go to the Venezuelan Consulate & try to renounce his Venezuelan citizenship to avoid him being deported? Does anyone know if that is possibility?'...You're right, you did try to help, in your own sarcastic ways, ie. 'you should be looking for another country that will take him','You can play this game but you will lose', 'Maybe you should be spending your time to getting your visa ready to join him in his country', 'He is screwed', 'I think your husband has not been telling you the whole truth'....Then you started getting personal about me marrying a 'criminal' with no clue of what really got him there in the first place. Now if you really think I am going to stay quiet after that, you're crazy! All you had to do was answer the question...Whatever happened to 'good luck trying' or 'i hope you really can figure something out' or anything 'POSITIVE' instead of all your negativity?!
His charge does fall under an agg. felon. Thats why we are going thru all this. He cant have voluntary departure because of the agg felon conviction. So that was out of the question a long time ago. So either he gets deported or he doesnt. Ive already done all I can to help him stay. Everything from going to all the court dates, to the attorneys office to the Venezuelan Consulate. My next &last time is going to be when he gets to immigration, (they told me to go back when he gets there). Other than that, it is what it is. & before I forget, my apologies, he was interviewed in August 2006!
PS.
Im tan, Hispanic, Cuban-Puerto Rican, 5'1, 115 lbs & very chic. Pardon the defensivness...It must be the Puerto Rican in me.
But the 'sweatpants in court was a real kneeslapper'! LOLnscagony:
I mentioned I wasn’t going to persue the ronouncing of citizenship anymore. So that is out of the question. & I don’t consider myself a ‘stranger’. Im his wife. I know I cant renounce for him. We settled for something else when I went to the consulate. & since that’s my husband, I will definitely be going.
dafortycal
Registered Users (C)
"He cant have voluntary departure because of the agg felon conviction"... He can if the IJ orders it, and the ICE attorney doesn't object. I've seen it done many times.
But, this would mean that he would have to have a valid passport and the money for a ticket home.
I will give you credit, you finally admitted that he was interviewed by a INS officer. I guess I know what I'm talking about afterall.
But, this would mean that he would have to have a valid passport and the money for a ticket home.
I will give you credit, you finally admitted that he was interviewed by a INS officer. I guess I know what I'm talking about afterall.
- Status