How long after you send in your notice of appeal, before you hear from
the BIA about sending in your briefs,
I applied to the BIA about the decision I received from the
Immigration Judge and I am kind of nervous as to how long do I wait to
hear from them, as my departure date has passed, but the judge told me
do not leave the country if I am filing an appeal as the appeal will
be dismissed. So I am waiting to hear back from them, but in the
meantime I am a nervous wreck.
I have been here for 20 years, I have 3 US citizen kids with the
oldest being 18yrs old.
The judge denied me cancellation of removal and give me voluntary departure, although I didn't want it. So I choose to appeal and was given 30 days to do so, the judge told me that I should not leave the USA if I am appealing, I did send in my appeal with the intention to submit a brief later on.
My NTA, claimed I came in without inspection, but i did come with inspection, but I couldn't prove it.. I have just found out that my cousin used my I94 to leave the country in 1988 as she wanted to carry an additional piece of luggage. I did remember losing my passport and I94, I never reported it at the time as I feared deportation.. "stupid me ".
I pleaded guilty to a bad check for the sum of $250 of which was paid back in 2003 , the judge said because of my moral character he will not grant me the cancellation of removal and the only relief i can get is voluntary departure. The Government lawyer told the judge that I can qualify for it a i have been here for over 10 years, although the I94 that my cousin used, showed that i left the country and they have no evidence of me coming back in, but I got my kids birth records, school records and other documents, the judge refused to accept it as evidence as my continuing stay in the USA and said he is not sure i am the same person on the birth certificate or any other documents. And anyway because of your moral character i am denying you cancellation and offering you voluntary departure and i should be lucky he is not having me detained and deported within 30 days. So at that point i said nothing and the hearing was over.
So this is where I am today, my voluntary departure date is gone and I haven't heard anything back from the BIA yet.
Can Immigration come and arrest me and deport me, even if i file my notice to appeal on time.
My boyfriend of 10 years divorce will be final within the next 2 months or so.
We are planning to get married, will he be able to file a I 130 Application for me.. Will I be able to get a waiver on petty exception. I am in NY.
I did not go to jail or was I given any jail time for the check, I just had to pay it back and do not get into any other trouble with the law for one year and it will be gone, in fact it was unconditional discharge once i had paid and not get into trouble. I paid the money back after the time the court had given me, but always at the approval of the judge. I have never done anything or got into any other type of trouble with the law after that.
Is there any help for me.
i do not have money for a lawyer, although a lawyer told me if i had asked for cancellation of removal at my first hearing, the judge would have approved it, because at the first hearing they do not take any of the moral turpitude law into account, but I didn't know that until after the fact, as a lawyer prior to my first hearing told me to ask the judge for sometime to retain an attorney and that's what i did.
Any ideas or case scenarios that's similar to mines will be greatly appreciated.
Another question, can the BIA, deny my appeal before they get my briefs, everything was filled out the right way and was filed within the 30 day time frame, I have a signature proof of this.
Remember I did not want voluntary departure, I told that to the judge, but it was his final order anyway.
Thanks.
I am going to try every channel before i give up, and if it comes that I lose everything, I will leave and start a new life back in my home country.
I have already started to make plans for the worse but hoping for a good outcome.
the BIA about sending in your briefs,
I applied to the BIA about the decision I received from the
Immigration Judge and I am kind of nervous as to how long do I wait to
hear from them, as my departure date has passed, but the judge told me
do not leave the country if I am filing an appeal as the appeal will
be dismissed. So I am waiting to hear back from them, but in the
meantime I am a nervous wreck.
I have been here for 20 years, I have 3 US citizen kids with the
oldest being 18yrs old.
The judge denied me cancellation of removal and give me voluntary departure, although I didn't want it. So I choose to appeal and was given 30 days to do so, the judge told me that I should not leave the USA if I am appealing, I did send in my appeal with the intention to submit a brief later on.
My NTA, claimed I came in without inspection, but i did come with inspection, but I couldn't prove it.. I have just found out that my cousin used my I94 to leave the country in 1988 as she wanted to carry an additional piece of luggage. I did remember losing my passport and I94, I never reported it at the time as I feared deportation.. "stupid me ".
I pleaded guilty to a bad check for the sum of $250 of which was paid back in 2003 , the judge said because of my moral character he will not grant me the cancellation of removal and the only relief i can get is voluntary departure. The Government lawyer told the judge that I can qualify for it a i have been here for over 10 years, although the I94 that my cousin used, showed that i left the country and they have no evidence of me coming back in, but I got my kids birth records, school records and other documents, the judge refused to accept it as evidence as my continuing stay in the USA and said he is not sure i am the same person on the birth certificate or any other documents. And anyway because of your moral character i am denying you cancellation and offering you voluntary departure and i should be lucky he is not having me detained and deported within 30 days. So at that point i said nothing and the hearing was over.
So this is where I am today, my voluntary departure date is gone and I haven't heard anything back from the BIA yet.
Can Immigration come and arrest me and deport me, even if i file my notice to appeal on time.
My boyfriend of 10 years divorce will be final within the next 2 months or so.
We are planning to get married, will he be able to file a I 130 Application for me.. Will I be able to get a waiver on petty exception. I am in NY.
I did not go to jail or was I given any jail time for the check, I just had to pay it back and do not get into any other trouble with the law for one year and it will be gone, in fact it was unconditional discharge once i had paid and not get into trouble. I paid the money back after the time the court had given me, but always at the approval of the judge. I have never done anything or got into any other type of trouble with the law after that.
Is there any help for me.
i do not have money for a lawyer, although a lawyer told me if i had asked for cancellation of removal at my first hearing, the judge would have approved it, because at the first hearing they do not take any of the moral turpitude law into account, but I didn't know that until after the fact, as a lawyer prior to my first hearing told me to ask the judge for sometime to retain an attorney and that's what i did.
Any ideas or case scenarios that's similar to mines will be greatly appreciated.
Another question, can the BIA, deny my appeal before they get my briefs, everything was filled out the right way and was filed within the 30 day time frame, I have a signature proof of this.
Remember I did not want voluntary departure, I told that to the judge, but it was his final order anyway.
Thanks.
I am going to try every channel before i give up, and if it comes that I lose everything, I will leave and start a new life back in my home country.
I have already started to make plans for the worse but hoping for a good outcome.