Can I file AOS for hubby even though ICE deported him?

[GMECH 0]

Hello everyone I'm new to this site and just want to say I'm glad there are forums like this.

I've been with my boyfriend since 2007, we got engaged in December 2008 and in February 2009 ICE detained him for crimes he commited in 93,95,2003 saying he was deportable. He has been in the Willacy Detention Center down in Texas since February 2009. I didn't want to wait till he got back home to marry him since it had already been a year and we lost out on a lot of money with planning the wedding before he was detained. So we got married down in Texas in March. He had his final hearing 2 weeks ago and the Immigration Judge ordered him deported back to Jamaica. I was wondering why he didn't get a chance to speak and plead his case to the Judge. We are married, we have 7 kids between us and all are U.S. Citizens. By law if you are considered an aggravated felon, they don't care about your wife, your kids or your job, according to immigration law the Judge has no choice but to deport you. The only reason he is considered an aggravated felon is because ICE combined his charges at last minute since our lawyer was seeking out 212C releif for the 93 & 95 crimes. They are so sneaky and evil! My husband served no more than 6 months in jail for the 93 and 95 crimes and he served no time for the 2003 all he did was pay a fine. He hasn't committed any crimes or been in any trouble with the law since 2003. He isn't on probation either. He has been in this country since he was 8 years old. He hasn't returned back to Jamaica his entire time in America. Once deported he will not know where he is going or what to do. This situation is way too common I am hearing. They don't care if you have family here, they will send you back if you commit something as small as a misdemeanor. I'm hoping the Supreme Court changes this because so many families are being affected.

so here is my question: Now that they ordered him to be deported, does that make him ineligible for an adjustment of status? the I-130? our lawyer is saying this is the only way he can come back into the country legally.

I appreciate any comments, thoughts or info on this matter. I've been his only backbone this entire time and everyday I go through hell being without my husband. I am married yet feel like a single mom raising the kids alone, taking care of all the bills alone. It is terrible. His family (mom, dad, brothers, sisters) are all legal residents and live in America.

[Radkova 11]

did he go back to jamaica already. Guys correct me if im wrong. I don't think you can apply for AOS since he's about to be deported and he will have a ban once he leaves the country. probably the 10 year ban. im sorry

[sachinky 465]

From my limited understanding, he will have to leave the country as removal proceedings have been initiated against him.

You can start by filing a 130 petition for a CR1/IR1 visa which will be denied at the interview. You can then apply for a hardship waiver but be forewarned those are hard to obtain.

Depending on the length of his overstay, he will be subject to a 3 year or a 10 year ban.

When did he enter the country? On what visa did he enter the U.S.?

Edited April 18, 2010 by sachinky

[sachinky 465]

Has he already left the U.S.?

[GMECH 0]

He did not enter this country illegally. He came with his father at 8 years old and is 37 years of age. He has a valid green card as a legal alien resident. They have not deported him yet and they probably won't do so until they get his travel documents together. Since he hasn't been back to the country in over 25 years it's rumored that ICE may have a problem trying to deport him since all his information is so old.

Why is our lawyer telling us to file the I-130 if there is a 3-10 year ban on Deportees?

[Darnell 8,479]

your lawyer MAY be telling you that, in some hope that you'll be successful in obtaining a waiver after the interview.

Hard to say, cannot read yer lawyer's mind, at all.

[LIFE'SJOURNEY 970]

He did not enter this country illegally. He came with his father at 8 years old and is 37 years of age. He has a valid green card as a legal alien resident. They have not deported him yet and they probably won't do so until they get his travel documents together. Since he hasn't been back to the country in over 25 years it's rumored that ICE may have a problem trying to deport him since all his information is so old.

Why is our lawyer telling us to file the I-130 if there is a 3-10 year ban on Deportees?

Sorry you are having to deal with all of this alone, but YES he will be deported back to Jamaica. What are you AOS ing, he is already a LPR with a green card correct. He has just lost his LPR status, for having 3 crimes charged against him. Will he be able to over-come them to re-grain entry back into the US. That is the question you should be asking the lawyers to assit you with. The lawyers cannot over-turn the deportation status, and you'll getting married did nothing to help with his status in the US. Because he was/is here legally.

The service that you will need is beyond what the folks here on VJ can assist you with. YOU will have to find a lawyer that deals with deportation and one that you can trust. This will cost you lots of $$$$$$, so think long and hard on this before you begin this journey.

P.S. don't let anyone tell you that he won't make it back in Jamaica, he will be ok. Good luck on whichever decision you decide to take.

[LIFE'SJOURNEY 970]

Now I will try to explain to you what the lawyer is trying to tell you.

Your lawyer is saying that the only possible way (there is no guarantees),that you can get your husband back into the US , is to file a CR1 petition with a hardship wavier after he has been returned to Jamaica.

You will have to understand a couple of things:

• one he will be deported before this can happen.
  
• There is no guarantee that the harpship wavier will be approved.
  
• This process could take years, it will not happen over-night
  

[jcrom 2]

Hello my friend, I'm sorry what happened to your husband. The fact here and I don't want to be rude if I'm asking you this: Why didn't he become U.S citizen staying about 25 years in the U.S. ; He came here practically when he was a child, practically this is his country. The issue here and I don't know why the people doesn't want to become U.S citizen, we suppose as immigrants that we are going to be living here all our life (that is my humble assumption); hence, when a person does not take advantage of becoming U.S. citizen after 5 years or only 3 years if married with U.S. citizen, it comes up the life with any hard problem, misdeamenor, felony or aggravated felony and the person of course, it is problem. Thanks and bye,

[Nartaki 7]

I think the question you are asking is that your husband, a greencard holder can be naturalized so he can avoid deportation.

Its probably not possible now because he has a criminal record, which is a huge hurdle to the naturalization process.

[SuperDuper! 230]

What type of crimes did he engage in? Some crime is unforgivable to the USCIS. Shoplifting vs narcotics trafficking. Drunk driving vs aggravated assault vs elderly abuse. ?? Sorry, but it doesnt sound good for your case for some reason. Hope the lawyer is not just stringing you along to bill a bunch of hours. Good luck, tho.

[Boiler 47,438]

Sounds like he was a PR but lost his status due to his criminal past.

[GMECH 0]

Sounds like he was a PR but lost his status due to his criminal past.

Yes that is exactly what happened.

I appreciate the comments everyone. We already have an immigration lawyer who is filing an appeal. We are planning to hire a criminal lawyer who can try and get these charges reduced or vacated in our home state so that when the appeal does come through if the charges are vacated ICE would have no choice but to drop their case and his PR status would not be removed.

Believe me, I know it's a loooong process, it's already been a year and 2 months. The crimes were theft under $300. I asked him the same question why didn't he become a citizen after being here so long. But we can't go back and worry about what he should have done, because I didn't know him then. But I am staying strong for him now and just doing what I can and trying to find out as much info as I can because I'm getting confused on all these immigration forms.

So basically I plan to file the I-130. If it gets denied then I will file the I-601. In between all the time these forms are filed I am hoping in my state the Judge will determine to vacate these charges since my husband was not made aware of immigration consequences while pleading guilty. This is a huge issue going on in America...they tell you to plead guilty so you serve little time and get a fine but they didn't tell my husband that this could affect him years later. When I went to the district court to obtain the transcripts for these case they were destroyed along with his file. So I think we have a good chance to get these cases vacated.

[luv2uallday 1]

Hello everyone I'm new to this site and just want to say I'm glad there are forums like this.

I've been with my boyfriend since 2007, we got engaged in December 2008 and in February 2009 ICE detained him for crimes he commited in 93,95,2003 saying he was deportable. He has been in the Willacy Detention Center down in Texas since February 2009. I didn't want to wait till he got back home to marry him since it had already been a year and we lost out on a lot of money with planning the wedding before he was detained. So we got married down in Texas in March. He had his final hearing 2 weeks ago and the Immigration Judge ordered him deported back to Jamaica. I was wondering why he didn't get a chance to speak and plead his case to the Judge. We are married, we have 7 kids between us and all are U.S. Citizens. By law if you are considered an aggravated felon, they don't care about your wife, your kids or your job, according to immigration law the Judge has no choice but to deport you. The only reason he is considered an aggravated felon is because ICE combined his charges at last minute since our lawyer was seeking out 212C releif for the 93 & 95 crimes. They are so sneaky and evil! My husband served no more than 6 months in jail for the 93 and 95 crimes and he served no time for the 2003 all he did was pay a fine. He hasn't committed any crimes or been in any trouble with the law since 2003. He isn't on probation either. He has been in this country since he was 8 years old. He hasn't returned back to Jamaica his entire time in America. Once deported he will not know where he is going or what to do. This situation is way too common I am hearing. They don't care if you have family here, they will send you back if you commit something as small as a misdemeanor. I'm hoping the Supreme Court changes this because so many families are being affected.

so here is my question: Now that they ordered him to be deported, does that make him ineligible for an adjustment of status? the I-130? our lawyer is saying this is the only way he can come back into the country legally.

I appreciate any comments, thoughts or info on this matter. I've been his only backbone this entire time and everyday I go through hell being without my husband. I am married yet feel like a single mom raising the kids alone, taking care of all the bills alone. It is terrible. His family (mom, dad, brothers, sisters) are all legal residents and live in America.

to what I know is you can file AOS petition for him BUT your case will be looked on with greater scrutiny because it will be assumed you are filing AOS for him to avoid deportation. Your evidence will have to be very strong to overcome this charge.

If I was you I would seek the advice of a qualified lawyer We are not equipped to give you the proper advice you need to navigate you in this situation. Your case is beyond advice from us amatuers you need a professional to help you. Good luck and I hope you find success

[TracyTN 237]

Is there some reason you're not believing (or don't want to believe) what the lawyer tells you - one which would lead you to seek opinions on a message board?