Why I joined this site and how you can help me.

[Fiji Indian 1]

Hello everyone,

I am a 19 year old son, who's father is about to be deported back to Fiji. He is currently with the "ICE". He was taken this Monday, 5-11-15. I am here to find out how can my Mom and I put a stop to his deportation, or the process of getting a waiver/pardon for him.

I cannot go into to much details right now, because I will get as much details from my mother this afternoon to share it here. What I can share is, that my Mom and I will struggle financially and emotionally if he does get deported. Even though my Mom and became US Citizens, my Mom still couldn't sponsor him. As I said, I will go into much more detail about our situation once, I talk with my mother.

Just let me know if I can share it on this thread, or I'll have to make another thread in another section, because it's about 15 years of summary, how my Dad came to America, how my Mom and I came to America, how our lawyer(s) have had the lack of communication etc...

I'll also have many questions later on, which you may be able to answer after reading about my Dad's case. We aren't seeking another lawyer (even though our current one has not been answering our calls), because we have been advised to stick with our current one. He is supposedly good with both criminal and immigration cases. I won't give any names on a public forum, because I don't want to destroy any credibility we may have.

Thank you.

[Boiler 43,429]

The obvious one is COR, but obviously the devil will be in the details.

[Marco&Bettina 502]

Hello everyone,

I am a 19 year old son, who's father is about to be deported back to Fiji. He is currently with the "ICE". He was taken this Monday, 5-11-15. I am here to find out how can my Mom and I put a stop to his deportation, or the process of getting a waiver/pardon for him.

I cannot go into to much details right now, because I will get as much details from my mother this afternoon to share it here. What I can share is, that my Mom and I will struggle financially and emotionally if he does get deported. Even though my Mom and became US Citizens, my Mom still couldn't sponsor him. As I said, I will go into much more detail about our situation once, I talk with my mother.

Just let me know if I can share it on this thread, or I'll have to make another thread in another section, because it's about 15 years of summary, how my Dad came to America, how my Mom and I came to America, how our lawyer(s) have had the lack of communication etc...

I'll also have many questions later on, which you may be able to answer after reading about my Dad's case. We aren't seeking another lawyer (even though our current one has not been answering our calls), because we have been advised to stick with our current one. He is supposedly good with both criminal and immigration cases. I won't give any names on a public forum, because I don't want to destroy any credibility we may have.

Thank you.

Deportations are rare. Something obviously happened. Without details, no one can really advise anything worthwhile.

Edited May 14, 2015 by Marco&Bettina

[Jawaree 717]

OP do some research....COR

also U can send an appeal to BIA (via courier is best)

Seem like dad was illegally in the country

if he was popped for a crime of moral

turpitude, get an atty ASAP or try the

nearest Catholic Charity....If you all end up

in court alone beg the IJ (may not happen) to

reschedule the hearing., he will need time,

if he was ever deported he wont see a judge

just be deported again...ICE will push for it.

ADVICE him DO NOT sign papers ICE/DHS pushes

on him not matter what, prepare to sit some for a

solution, not much else to give U as your questions

are like riddles..good luck though.

Was your parents marry?

Edited May 14, 2015 by Jawaree

[Boiler 43,429]

Seems like they have gone passed that stage, he has a lawyer.

[Fiji Indian 1]

Thank you guys for the suggesrions. But it's too late. My Dad's case was in the 9th circuit. We are trying to see if there is a higher court.

I am still in the works of having my Mom tell me everything about my Dad's case. Right now we are waiting for someone from our lawyer's office to come to our home, so my Mom can sign a paper. They are asking us $4,000 to take his case, again. The lawyer hasn't been responding to our phone call (or met my Dad in jail since his arrest on Monday), but here comes someone running to grab our money.

While I wait for my Mom to tell me about my Dad's case, let me share a little bit about my Mom and me:

My Mom and I had won a Green Card Lottery and we came to America in 2005. I was 9 then, my mom was 48. My Mom and I became US Citizens in 2010. My Mom could not sponsor my Dad, because he was in jail at the time. - I will get more into that in my later posts.

Why we need my Dad to get a waiver or pardon:

He is the only person my Mom and I depend on. I do not have any siblings. I was diagnosed with depression and PTSD (I don't take any medications) when my Dad was in jail, again, which I will get into in a later post after talking with my Mom. My Mom has glaucoma and cataract in her eyes. She only makes $18,720 a year, which is not enough to pay the bills, rent, by groceries, and now my Dad's lawyer, again.

My Mom and I suffered a lot while he was in jail. Such as, when my Mom had to get rid of some stones in her kidney. She could hardly dress herself or cook, yet she went to work- no work, no money. And I was alone when she spent the night(s) in the hospital.

All in all, my Dad needs us just as much as we need him. He is about to turn 60 on November. He is too old to start all over in Fiji (he hasn't been there in 15 years), since we already have established a life here in America.

These are just a few of the things we hope to use in court, if the lawyer gets us to court.

[Boiler 43,429]

Lawyers do not work for free.

Two questions will probably help:

Your father entered the US 5 years before you and your Mother did, how? What visa etc.

He was in jail seemingly for some time, on what charge?

[Fiji Indian 1]

Lawyers do not work for free.

Two questions will probably help:

Your father entered the US 5 years before you and your Mother did, how? What visa etc.

He was in jail seemingly for some time, on what charge?

1.) I believe visiting visa, but we will need to check his passport to be sure which type. He had came here to attend his brother's funeral.

2.) My Dad was arrested for Domestic Violence. He served that for 4 years in jail I believe. That case is over because of the time served, our lawyer says.

And we have had previously given the lawyer $5,000, but I'll need to find out for what exactly.

Only thing that there is to do is prove hardship that we will go through. As I mentioned earlier, I will go into furthur detail of the 15 years, once I talk with my Mom. That way, it may help you guys better understand the situation to help us.

PS:

As I was typing this response, my Dad called from jail. Someone (an officer possibly) will meet him on Monday. My Dad also told us, that he has lost 10 pounds since being there, and he also has arthritis. It's just been 4 days and he has lost so many pounds. My Dad isn't being fed much. We are Hindu, so we don't each beef or pork. I thought they would understand my Dad's religious needs.

Edited May 15, 2015 by Fiji Indian

[Boiler 43,429]

4 years for DV, that is serious time, sounds like it is not that your Mother could not have filed for him, she could, but did not want to.

Assuming he entered legally he then could have sought to adjust with a waiver, Immigration really do not like DV convictions.

If he has gone through the 9th then this has been going on for a very long time, to get that far takes years.

[Fiji Indian 1]

4 years for DV, that is serious time, sounds like it is not that your Mother could not have filed for him, she could, but did not want to.

Assuming he entered legally he then could have sought to adjust with a waiver, Immigration really do not like DV convictions.

If he has gone through the 9th then this has been going on for a very long time, to get that far takes years.

The Domestic Violence was a misunderstanding. My Mom and Dad have known each other since they were teenagers. They have been married for 42+ years. They renewed their wedding (in Los Vegas) when we came to America. They have been with each other for so long, to just give up on each other. Especially in our culture.

Let me share my summary of the Domestic Violence, but please note that this is my fuzzing memory and the time frame may be off, other then my Dad being in jail for 4 years.:

About 5-7 years ago, my mom had misunderstood my Dad and thought he was talking about doing things to her. My Dad was extremely drunk (it was Father's Day, so he was celebrating) and he was mumbling and talking too fast to be understood. What he was trying to say was that, a man in front of our trailer was talking about guns and hurting someone. My Dad tried to tell this to my Mom, but my Mom misunderstood him and got scared, so she called 911. But before the cops arrived, my Dad then again told my Mom that he heard another guy say that stuff.

Anyways, when the cops came, they saw my Mom crying. So they charged my Dad for assault from what it looked like and what the call was about. But we explained to the cops that my Dad didn't do anything and the call was a misunderstanding. We explained why my Mom was crying. We told the cops that my Dad had accidentally pulled on my Mom's hair (he intended to grab her shoulder) to stop himself from falling down, while he was trying to make it to the restroom. We even showed the officer how small our trailer was and there wasn't much of a room to walk.

We were told that he would be released the next morning, but he ended up spending 4 years in jail. We believe(d) the immigration got him. He was released in late 2012 (I believe) on bond. That was the only incident he had with the law. Because of that misunderstanding by the officer, my Mom could not help my Dad by sponsoring him. And my Dad was in jail when we became citizens.

Edited May 15, 2015 by Fiji Indian

[YouAndMeForever 1,022]

The Domestic Violence was a misunderstanding. My Mom and Dad have known each other since they were teenagers. They have been married for 42+ years. They renewed their wedding (in Los Vegas) when we came to America. They have been with each other for so long, to just give up on each other. Especially in our culture.

Let me share my summary of the Domestic Violence, but please note that this is my fuzzing memory and the time frame may be off, other then my Dad being in jail for 4 years.:

About 5-7 years ago, my mom had misunderstood my Dad and thought he was talking about doing things to her. My Dad was extremely drunk (it was Father's Day, so he was celebrating) and he was mumbling and talking too fast to be understood. What he was trying to say was that, a man in front of our trailer was talking about guns and hurting someone. My Dad tried to tell this to my Mom, but my Mom misunderstood him and got scared, so she called 911. But before the cops arrived, my Dad then again told my Mom that he heard another guy say that stuff.

Anyways, when the cops came, they saw my Mom crying. So they charged my Dad for assault from what it looked like and what the call was about. But we explained to the cops that my Dad didn't do anything and the call was a misunderstanding. We explained why my Mom was crying. We told the cops that my Dad had accidentally pulled on my Mom's hair (he intended to grab her shoulder) to stop himself from falling down, while he was trying to make it to the restroom. We even showed the officer how small our trailer was and there wasn't much of a room to walk.

We were told that he would be released the next morning, but he ended up spending 4 years in jail. We believe(d) the immigration got him. He was released in late 2012 (I believe) on bond. That was the only incident he had with the law. Because of that misunderstanding by the officer, my Mom could not help my Dad by sponsoring him. And my Dad was in jail when we became citizens.

There has to be a lot more to your story. If your father's arrest was a "misunderstanding" and it wasn't domestic violence then why didn't your mother defend him?

From what I understand, your dad has been in the US illegally for 15 years and he was 4 years in jail for domestic violence. He abused the immigration system and he was in jail. Letting a person like him stay would be a slap in the face to all the legal immigrants who came here following the immigration law to the letter. You are an adult. You can get a job and support your mom.

Edited May 15, 2015 by YouAndMeForever

[Boiler 43,429]

4 years served is a lot more sentenced.

And the first thing his Lawyer would do as soon as your Mother became a USC would be to file an I 130. What other basis does he have for avoiding deportation?

So not sure what is going on.

[Fiji Indian 1]

There has to be a lot more to your story. If your father's arrest was a "misunderstanding" and it wasn't domestic violence then why didn't your mother defend him?

From what I understand, your dad has been in the US illegally for 15 years and he was 4 years in jail for domestic violence. He abused the immigration system and he was in jail. Letting a person like him stay would be a slap in the face to all the legal immigrants who came here following the immigration law to the letter. You are an adult. You can get a job and support your mom.

As I have said previously, I will go into furthur detail about my Dad's case once I can have a chat with my Mom. I cannot simply speak on a matter without details and expect to get help. Another reason I am avoiding sharing details at the moment is because, I don't want details to be repeated or scattered amonst different posts, which is already starting to happen. And do you really expect someone to hire who has PTSD and depression on their file? I do not have a permanent job. I was working with my father here and there, but now he is in jail.

My Dad had came here Legally on a visa, to attend his brother's funeral. But before his visa expired, he has consulted a lawyer to file for Asylum. My Dad's life was threatened in Fiji. Sadly, before the lawyer could take any actions or give my Dad the proper information, my Dad's visa expired. My Mom tried to file for a Asylum for him recently as when, but it was denied. He has not abused anything. If anything, it's his previous lawyer who wasn't informative to my Dad. My Dad has NOT been here hiding from the law. He has been fighting for justice ever since his visa expired 15 years ago. What happend between then and now, was simply our own personal issues and misunderstanding. My Mom and I weren't as fluent in English as we are today, back when my Dad was arrested. We have learned to deal with that misunderstanding. We cannot control how long the system takes to give justice to individuals and their family members. All we can do is pray and wait.

Edited May 15, 2015 by Fiji Indian

[YouAndMeForever 1,022]

As I have said previously, I will go into furthur detail about my Dad's case once I can have a chat with my Mom. I cannot simply speak on a matter without details and expect to get help. Another reason I am avoiding sharing details at the moment is because, I don't want details to be repeated or scattered amonst different posts, which is already starting to happen.

My Dad had came here Legally on a visa, to attend his brother's funeral. But before his visa expired, he has consulted a lawyer to file for Asylum. My Dad's life was threatened in Fiji. Sadly, before the lawyer could take any actions or give my Dad the proper information, my Dad's visa expired. My Mom tried to file for a Asylum for him recently as when, but it was denied. He has not abused anything. If anything, it's his previous lawyer who wasn't informative to my Dad. My Dad has NOT been here hiding from the law. He has been fighting for justice ever since his visa expired 15 years ago. What happend between then and now, was simply our own personal issues and misunderstanding. My Mom and I weren't as fluent in English as we are today, back when my Dad was arrested. We have learned to deal with that misunderstanding. We cannot control how long the system takes to give justice to individuals and their family members. All we can do is pray and wait.

Ok, but why can't you get a job and support your mom and yourself? I mean I understand that you love your dad and you want him to be with you but you and your mom don't literally need him to survive.

[Fiji Indian 1]

4 years served is a lot more sentenced.

And the first thing his Lawyer would do as soon as your Mother became a USC would be to file an I 130. What other basis does he have for avoiding deportation?

So not sure what is going on.

I'm sorry, I got my information wrong. He served 1 year for Domestic Violence, and 3 years in ICE Custody. My Mom did file for I 130, but it was denied. The only thing we have been told could save him now is, if we prove that we will suffer through hardship without him. I have given a brief information on how we have and will suffer on post #6