VD date expired - what will happen/ what to do?

usc7

New Member
Hello! Trying to see if anyone here might be able to help or offer some guidance.

The situation: I have a girfriend, who has a 4/yo daughter. She came into the country illegaly, from Guatemala, almost 3 years ago. Her only family back home is a person of low moral character whom she does not want to live with. She was living in Guatemala with her daughter's father, who initially demanded she aborted her baby once he found out she was pregnant, wanted nothing to do with the child, and became violently physical with her and her child when living with them. After her last physical confrontation with him, she fled for the US with her daughter, crossed the border, and was detained. Once she was able to leave the detention center, she hired a very bad lawyer (scummy, only wanted to extract money from her, double-billing her, rude and nasty to her, etc.).Well, after all the hearings, huge hardship from people wanting her to be deported (plain jealousy), she was given VD date for April this year. Her daughter's father in Guatemala has gotten a hold of her phone number here and has been calling to threaten her that he will take away her daughter. She's terrified of going back, with no social support at all to help her, and the daughter's father, who's family is well-connected with the police there, wanting to take away her child just to spite her.

My advice for her was to leave before the VD date expired. Because of the stated above, she chose not to. Now she has received a Notice to Deliver Alien letter for her daughter, for which she has to show up next week. She does not know what to do, even if she should show up, as she fears being detained and being separated from her daughter.

Her father lives here and is a USC, as am I. With her father, she filed an relative petition for residency two years ago. That has not gone well, as she doesn't even have a confirmation letter stating a petition number. Her father lives with another woman, who's insanely jealous, and has thwarted every effort from her father to help his daughter, by forbidding him to call her, and throwing away all correspondence meant for her, and cutting off communication between the two.

This girl is really the sweetest girl I've met. Only paying back meanness with kindness, which I advised her not to do at times (there are limits to everything.)

I've tried to make it as short as possible, while giving all the facts. My question is: Can she, in any way, re-acquire a new VD date? I'd like to help her go back to Guatemala, and do things the right way, so she may come back legally. What other avenues can I explore to help her out? Any suggestion/ help is appreciated.

I've looked through different means: TPS, VAWA, refugee status, asylum status, etc, none for which I think she qualifies...

Any comments that could help? I appreciate any insight you could offer.
 
Your girlfriend no longer has VD. When the judge gave her VD, He automatically gave her an alternate order of removal. This is activated at midnight on the last day that she was supposed to leave the country, and is final. So currently both her and her daughter has a final order of deportation against them. As soon as she goes to the appointment, she will be arrested and held until she's deported. If she doesn't show up, she will be arrested and deported.
I'm sorry that it's bad news, but that's the truth.
 
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