I hope I put this in the right forum I really could use some help

[SMoore 0]

ok how do I start well I guess I will start from today and work backward. My boyfriend (I wish I could say my husband which we wanted but he never had an official id in all these years to get married) is currently being help on a deportation order. He has been help for the last 2 1/2 weeks. He will be dealing with the marshalls shortly as this will be his second time being deported. He was deported a little over 10 years ago due to receiving a criminal abuse charge ( yes I know what your thinking) now to explain on that he was 17 at the time and a drinker which he hasn't been in many years. We have 4 children jointly ranging from 2 years- 10 years old. When he was deported previously he "signed the paper" as they say. He/We didn't know any better he was just thinking that I would be having his 1st child (son) in 2 months and the immigration system at the time was broken. He couldn't speak English well and the only part he really understood was that if he signed he would be able to return with his family quickly instead of waiting in jail for what could be years waiting. Well he signed and returned shortly after (less then maybe 3-4 months after being deported if it was that long. now speed up until currently him being held he has been told that he isn't eligible for a day in court due to him signing the paper way back when and his only chance is with a lawyer unfortunately all lawyers that have actually took the time to return my calls will not take up his case due to them either feeling he has no chance or they say they are to busy to assist. Understand I can not for the sake of my children just accept this words that he doesn't have a chance. I have yet to explain to my children where daddy is I mean really how do you explain all this to a child that their hero will not be coming back. Now I have done some research for myself online and I see there are some forms he can file that might help his cause unfortunately  I don't have a law degree to know how these things work. All I know is my husband is a good man, a good provider and a wonderful dad who deserves a chance to not be judged by his past. When I spoke to the Mexican consulate Friday past they told me (by looking up his a#) that he has a court date coming up this Tuesday though he hasn't officially been told I have told him. We understand that if the government wishes to punish him for him being deported and returning he is willing to do some time ( I know he is looking at a max of 20 years if the judges wishes) but I know some how some way there has to be a way for him to get a fighting chance. Though the lawyers are unwilling to help I feel like I have to try and maybe someone has some advice or tips that might help bring my husband and my kid's dad home even if it is temporary at this moment we would settle for months.Please Help Thanks in Advance for everything and keep our family in your prayer through all this we need it.

[Cyberfx1024 7,978]

What happened to that original charge he had, was he convicted? 

 

If he was convicted and then deported for that charge, then I can not see how he has much of a chance right now. Y'all should i have thought about that before having 4 children with each other and  not trying to do something about this situation before he got caught again.

 

You could have filed for him before now not so much.

Edited February 27, 2017 by cyberfx1024

[Hypnos 6,576]

If he re-entered EWI after being deported then that's a 9C permanent bar. You can only apply for a waiver after ten years of documented continuous presence outside the US. 

 

I don't think he has any relief available right now--particularly given the current anti-immigrant political climate. 

 

You may wish to investigate living together in Mexico as that will be a great deal easier, at least until those ten years are up. 

Edited February 27, 2017 by Hypnos

[Boiler 43,425]

So he is 9C, that last entry means lifetime ban and no waiver for 10 years.

 

Reentry after deportation is a felony.

 

The children are presumably dual citizens, do they have Mexican passports? What is your status?

[Cyberfx1024 7,978]

2 minutes ago, Hypnos said:

If he re-entered EWI after being deported then that's a 9C permanent bar. You can only apply for a waiver after ten years of documented continuous presence outside the US. 

 

I don't think he has any relief available right now, particularly given the current anti-immigrant political climate. 

 

You may wish to investigate living together in Mexico as that will be a great deal easier, at least until those ten years are up. 

Not anti-immigrant environment but a anti illegal environment. My wife had felt any kind of feelings towarss her 

[Dianalorena 1,153]

I'm sorry this is happening to you, but immigration laws are pretty strict when it comes to deportation and criminal records. If I'm correct this would be his second deportation, meaning he came back after being removed, and that incurs a permanent ban if I remember it correctly.

There are some waivers and the extreme hardship factor which is hard to prove, but I'm sure it doesn't apply to  people with criminal records and that have been banned for life. What did the officers say? does he have a temporary or permanent ban? Also criminal abuse is a serious charge, even if he changed, see it in the eyes oft he law and the immigration officers. It seems that any lawyer that takes the case would be very expensive, it would be a lengthy process which it seems it won't have a good outcome, I'm afraid. 

I have to ask, is there a way you could move and be with him in Mexico? Have you guys seen other possibilities besides trying to bring him back to the U.S? Are you legally in the U.S, citizen, permanent resident? 

Good luck 

 

 

 

 

[Hypnos 6,576]

. 

Edited February 27, 2017 by Hypnos

[SMoore 0]

The original charge he plead guilty to was assault and battery (His exact words to the judge were I pledge guilty because she said I did it because I don't remember that night. And we have looked into moving there the only real fear I have of that is for my children we want them to go to school and get a good education and hopefully attend college and get a type of degree or certification in a field. Also our children doesn't speak Spanish unfortunately.

[Hypnos 6,576]

3 minutes ago, cyberfx1024 said:

Not anti-immigrant environment but a anti illegal environment. My wife had felt any kind of feelings towarss her 

I disagree, and for proof I'd cite opening your door and looking outside. 

 

This is not a good time to be an immigrant--legal or otherwise--and especially so if your skin isn't white. Sorry, this is just a universal truth right now. 

 

OP, I'm afraid you have few options. Keep looking for a lawyer but understand there is likely not much they can do for you. 

Edited February 27, 2017 by Hypnos

[Cyberfx1024 7,978]

1 minute ago, Hypnos said:

I disagree, and for proof I'd cite opening your door and looking outside. 

 

This is not a good time to be an immigrant--legal or otherwise--and especially so if your skin isn't white. Sorry, this is just a universal truth right now. 

Yeah she goes out all the time without me and hasn't felt any kind of anxiety or people saying anything about or to her. My wife is a Filipina and she can pass easily as a Hispanic woman, she has even had Hispanics come up to here thinking she is Hispanic speaking Spanish.

[Boiler 43,425]

6F outside and as he is not an immigrant none of that is relevant.

[SMoore 0]

2 minutes ago, Dilorena said:

I'm sorry this is happening to you, but immigration laws are pretty strict when it comes to deportation and criminal records. If I'm correct this would be his second deportation, meaning he came back after being removed, and that incurs a permanent ban if I remember it correctly.

There are some waivers and the extreme hardship factor which is hard to prove, but I'm sure it doesn't apply to  people with criminal records and that have been banned for life. What did the officers say? does he have a temporary or permanent ban? Also criminal abuse is a serious charge, even if he changed, see it in the eyes oft he law and the immigration officers. It seems that any lawyer that takes the case would be very expensive, it would be a lengthy process which it seems it won't have a good outcome, I'm afraid. 

I have to ask, is there a way you could move and be with him in Mexico? Have you guys seen other possibilities besides trying to bring him back to the U.S? Are you legally in the U.S, citizen, permanent resident? 

Good luck 

 

 

 

 

I was born in the US. And yes I have looked up 3 different types of forms it says his lawyer would have to submit on his behalf to the court. One would be committing a serious crime and he would have to prove how he changed with evidence, would ask for it to be excused that he was deported and returned and the other over course for returning. I. Not saying it will help it could be there is no opportunities at the moment. The immigration officer told him he feels for his situation and IF there was something he could do to help him he would. He wrote personal notes in his case file that according to the officer being lawyers cost so much when he is deported go quickly to the consulates and explain our situation and also apply for all types of visa both his family here(us) and he there and that he feels sure he will reserve something. I don't know if that's truthful because most people say don't trust them. The officer told him he couldn't help him currently without a lawyers help because when he signed that paper it was pretty much signing your rights to court etc away.

[Dianalorena 1,153]

1 minute ago, SMoore said:

I was born in the US. And yes I have looked up 3 different types of forms it says his lawyer would have to submit on his behalf to the court. One would be committing a serious crime and he would have to prove how he changed with evidence, would ask for it to be excused that he was deported and returned and the other over course for returning. I. Not saying it will help it could be there is no opportunities at the moment. The immigration officer told him he feels for his situation and IF there was something he could do to help him he would. He wrote personal notes in his case file that according to the officer being lawyers cost so much when he is deported go quickly to the consulates and explain our situation and also apply for all types of visa both his family here(us) and he there and that he feels sure he will reserve something. I don't know if that's truthful because most people say don't trust them. The officer told him he couldn't help him currently without a lawyers help because when he signed that paper it was pretty much signing your rights to court etc away.

unfortunately like others have said, this is a very sensitive time in immigration policies, and they are just getting tougher. 

About your concerns regarding education, I am Mexican born and raised, I went to college and I did fine for myself. This country has amazing public universities and safe cities, don't believe everything you hear on the news. Also kids are sponges, being bilingual is an asset, so it would be beneficial for them. There are bilingual schools. I'm just saying, there's always a way, and don't think that coming down to Mexico is the worst thing that could happen  stay strong! 

 

[SMoore 0]

12 minutes ago, Boiler said:

So he is 9C, that last entry means lifetime ban and no waiver for 10 years.

 

Reentry after deportation is a felony.

 

The children are presumably dual citizens, do they have Mexican passports? What is your status?

I was born in the US. My children do not have their dual citizenship yet being he never had an official I'd he was told he would have to wait until he did to actually sign their birth certificates so it was never applied for. Now if he is deported I am unsure how this could happen. And yes I. Aware it is a felony. He has his first court date this Tuesday so says the consulate and I am assuming that's when he will say he would like a public defender and we will go from their. He was a little down today but I am trying to lift him spiritually he worries for me and the children.

[SMoore 0]

6 minutes ago, Dilorena said:

unfortunately like others have said, this is a very sensitive time in immigration policies, and they are just getting tougher. 

About your concerns regarding education, I am Mexican born and raised, I went to college and I did fine for myself. This country has amazing public universities and safe cities, don't believe everything you hear on the news. Also kids are sponges, being bilingual is an asset, so it would be beneficial for them. There are bilingual schools. I'm just saying, there's always a way, and don't think that coming down to Mexico is the worst thing that could happen  stay strong! 

 

Trust me if need be I am fully prepared to move to Mexico no doubt about that. I told my husband many times we needed to work with the kids on Spanish but he said it was my fault because I spoke English to him. I did so for 2 reasons 1 he was learning English and continues to learn and 2 I read in a book for parents of bilingual households each parent should speak their own languages. I can speak both so now unfortunately I. Trying to work with them on the Spanish part I just repeat everything in both languages..Lol. I. Not sure on the schools I havey sister in law checking our options. I hope and pray he has a chance. I know it looks bad and we accept the responsibility in that and are willing to accept the outcome. He just worried about us though I tell him not to worry. He is just a born provider. He really has changed today from the boy/man he was back then. He was 17 when all that occurred was only 17 for a few months and I know we should have dealt with all this before now we knew something would come when Trump hit office we just were busy living like normal people we got caught up with life.