I CANT STAND IT HERE ANY MORE

[BellaRose 7]

TWO AND A HALF YEARS LATER AND THEY GIVE ME THIS!!!!!

What is a motion, where do I file it, what Immigration Office, what precedings, we weren't given any removal precedings and USCIS obviously know he's out of the country. Oh and how on earth can he be tried in court if he is not allowed in the country!!!!!! They give you problems but never tell you how or where to solve them.

Are there any other countries that want us because I;m sorry but this one is ridiculous.

Don't get me worng I know we have a hard case but they can at least tell me what to do. OK file some motions they say...A MOTION TO DO WHAT FOR WHAT WHERE AND WHERE IS MY CASE GOING NOW.

"A Conditional LPR card was issued to ********on **/**/2004. This status was valid for two years. Regardless of whether or not he stayed married and regardless of whether or not he stayed in the U.S., he was still required to file Form I-751, Petition to Remove the Conditions on Residence, prior to his conditional status expiring. He failed to file an I-751 and his status was automatically terminated by USCIS. This means that he could be sent for Immigration Proceedings at any time to have him removed from the United States. It seems unnecessary when he has already departed the U.S., but technically he did not inform immigration as he was supposed to, and he need not be present in court to be ordered removed in abstentia. If he received a notice of termination and information about subsequent immigration proceedings, it is his burden to prove to USCIS that he departed the United States in a timely manner. In order to present this information at this point, he must file a motion to terminate the proceedings with the Immigration Court/Office where the case was denied, based on having departed the United States, or have a qualified Immigration Attorney in the United States file this motion on his behalf.

Regarding the criminal offense: it is the applicant’s burden of proof to show he is eligible to enter the United States. Any arrest record must be accompanied by a final court disposition to prove whether the conviction is a crime involving moral turpitude and/or the final outcome of the case. He again, would have to file a motion in court to finalize this case.

If he can provide more information about his immigration proceedings (aka, whether or not he has been ordered removed) and his criminal proceedings (a final court disposition), he may be eligible for a waiver of both grounds. But right now, he lacks the evidence to prove what the real grounds of inadmissibility are. With this being the official disposition, he is not eligible for a waiver at this time.

Warm regards,"

WARM REGARDS MY DONKEY!!!!!!

[Pegworth 2]

I think they mean file a motion to keep the wavier application open so an attorney could present a case to have the denial possibly over turned or denied again in front of a judge. It's an opportunity( the motion) to present your case in front of a judge I think.

Edited March 4, 2011 by Pegworth

[BellaRose 7]

Thank you for that clarification. I do relize that I'm going to need a lawyer, but I'm unsure where to find this judge or who to ask these question. We didn't have any removal precedings.

I'm just tired, stressed, and so warn out with all these legal matters. Maybe I'm just confused and infuriated, but honestly when I read this over and over again I don't see clear instructions on how to move forward. I emailed the consulate and the secretary is no help at all.

[BellaRose 7]

I think they mean file a motion to keep the wavier application open so an attorney could present a case to have the denial possibly over turned or denied again in front of a judge. It's an opportunity( the motion) to present your case in front of a judge I think.

What denial are we talking about....were we denied? What were denied to do over in fron of a judge. Maybe I sound like an idiot but I havent seen any immigration judge or crimminal judege in this whole process.

I feel like giving up and moving somewhere where they want me

[Sergi9 110]

I think they mean file a motion to keep the wavier application open so an attorney could present a case to have the denial possibly over turned or denied again in front of a judge. It's an opportunity( the motion) to present your case in front of a judge I think.

NO this is not correct. The motion they are talking about has nothing to do with the waiver, its a past immigration proceeding that needs to be resolved.

"it is his burden to prove to USCIS that he departed the United States in a timely manner.

In order to present this information at this point, he must file a motion to terminate the proceedings with the Immigration Court/Office where the case was denied, based on having departed the United States, or have a qualified Immigration Attorney in the United States file this motion on his behalf."

KEY WORD = Attorney ... motions and appeals are best handled by attorneys. Clearly the OP is not understanding what is being requested here .

[Myopia 93]

I would send a message to JimVaPhoung as honestly he is very knowledgable about this kind of thing and if he has time then I think he will be able to break it down to you properly.

What you are being asked is not that difficult and now you know what they want you can start getting it done. It means one more day closer to being reunited with your loved one. Don't see it as one more issue rather another step to get where you need to get to.

You need to file a motion which is legal speak for a request.

At this point you really need a lawyer.

[LIFE'SJOURNEY 970]

Please take the letter to a qualified lawyer and listen to his advice. This is a very SERIOUS MATTER. You cannot do this yourself.

[belinda63 2,981]

You have two problems, one fairly easy and one very difficult.

The deportation issue can be resolved by having an attorney file a motion with the court that "deported" him asking them to vacate the order based upon proof that the left the country without overstaying. Or it may be possible barring any proof of his timely departure to file an I-212 waiver for the deportation.

The criminal charge is the tough one. He has to have a final disposition on the case before the embassy can rule on a waiver, as I stated previously they cannot waive something that does not exist. Several ways I see to possibly resolve this one. Hire an attorney and have him explain to the Court the situation, ie. defendant has absconded out of the country and cannot return. The court Might allow him to file a waiver of appearance thus allowing the attorney to enter a plea agreement (if one is offered) or a guilty plea on his behalf on the condition that he will surrender himself to the Court within 48 hours entering the US.

Second option may be to report him as absconded overseas and request extradition. This probably will not work as the charges are not that serious. It would also mean he would remain in custody until the case is resolved and then be removed from the US after resolution of the case/sentence.

[BellaRose 7]

Thank you for your responses. The criminal court I will call today and get a defense lawyer to see if we can enter a plea bargain.

As for the deportation....WE NEVER RECEIVED DEPORTATION PROCEDINGS moreover we didn't recieve an official overstay letter until 2010, two years after he departed. I just want to know where to find out wht court has jurisdiction over his old case or if there was never removal procedings filed at the time of his departure. Where can I get this information. Does anyone know?

I already contact the Dept. of State, and Customs and Boarder Patrol, and I was unsuccessful in obtaining this information.

[Sergi9 110]

As for the deportation....WE NEVER RECEIVED DEPORTATION PROCEDINGS moreover we didn't recieve an official overstay letter until 2010, two years after he departed. I just want to know where to find out wht court has jurisdiction over his old case or if there was never removal procedings filed at the time of his departure. Where can I get this information. Does anyone know?

I already contact the Dept. of State, and Customs and Boarder Patrol, and I was unsuccessful in obtaining this information.

"A Conditional LPR card was issued to ********on **/**/2004."

This indicates someone else filed a relative petition for him, since your marriage did not take place until 2008?

So he did not file I-751 to remove conditions and consequently did not adjust status, and became an "overstay", subject to proceedings. When this happens typically a NTA (notice to appear is issued sent to last address he had on file with USCIS) He might not have lived at this address when the Notice to Appear was issued and it seems it was, and it was his responsibility to keep current address on file with USCIS. So its going to make it tough to advance the argument you didn't get the letter until years later.

He failed to file an I-751 and his status was automatically terminated by USCIS. This means that he could be sent for Immigration Proceedings at any time to have him removed from the United States.

Although he left on his own, sounds like there was a NTA and a failure to attend a proceeding which has its own special bar, plus the overstay bar of 10 years. PLUS the unresolved criminal proceedings.

GET AN ATTORNEY who knows how to deal with this stuff. You may be spinning your wheels depending on if its a permananent bar, so don't waste any more time or money until you know that. If the bar is permanent , spend you money on moving to his country instead of fighting a fight you cannot win.

Edited March 4, 2011 by Sergi9

[Matt :) 1]

Ever thought about moving to his country instead?

[BellaRose 7]

he lives in a hut with no walls, no running water, and they still cook food over a fire or under heated rocks. I tried moving there in 2009. Within four weeks...I had a stomach virus, lice, urinary tract infections (3), ring worm, infections on my legs from flies eating at my flesh and that was all fine. BUT my daughter (one year old at the time) had a stomach virus which she lost six pounds in a week was completely dehydrated and had to be rushed back to the states to be hospitalized. YAEH NO I cant live there. I started a college degree that might get me a residency somewhere else but thats another two years from now. O and I cant finish my training until he comes back (long story) not getting into. So my life sucks but im playing with the cards that were dealt to me.

Anyway on a lighter note. The criminal charges I get. No problem I already spoke to a lawyer and he said that is easily arranged. NOW where do I go or who do I call to find out WHERE HE DIDNT APPEAR TO. WHAT IMMIGRATION COURT WAS HE SUPPOSED TO ATTEND. That is the question. If I know what court then I can file a motion with my (IMMIGRATION LAWYER).

The capital letters are not shouting, I'm just clear on the wonderful advice already given and I highlighted my unanswered question.

[Sergi9 110]

he lives in a hut with no walls, no running water, and they still cook food over a fire or under heated rocks. I tried moving there in 2009. Within four weeks...I had a stomach virus, lice, urinary tract infections (3), ring worm, infections on my legs from flies eating at my flesh and that was all fine. BUT my daughter (one year old at the time) had a stomach virus which she lost six pounds in a week was completely dehydrated and had to be rushed back to the states to be hospitalized. YAEH NO I cant live there. I started a college degree that might get me a residency somewhere else but thats another two years from now. O and I cant finish my training until he comes back (long story) not getting into. So my life sucks but im playing with the cards that were dealt to me.

Anyway on a lighter note. The criminal charges I get. No problem I already spoke to a lawyer and he said that is easily arranged. NOW where do I go or who do I call to find out WHERE HE DIDNT APPEAR TO. WHAT IMMIGRATION COURT WAS HE SUPPOSED TO ATTEND. That is the question. If I know what court then I can file a motion with my (IMMIGRATION LAWYER).

The capital letters are not shouting, I'm just clear on the wonderful advice already given and I highlighted my unanswered question.

This is just guessing, but based on his last address for his previous petitioner I would check with that USCIS office using his A-number or if there was a file # there as a start.

An attorney who specializes in removals should know this stuff though.

Then if that does not work you will have to file a FOIA to get all the stuff in his file.

[Aztec&Taino 144]

TWO AND A HALF YEARS LATER AND THEY GIVE ME THIS!!!!!

What is a motion, where do I file it, what Immigration Office, what precedings, we weren't given any removal precedings and USCIS obviously know he's out of the country. Oh and how on earth can he be tried in court if he is not allowed in the country!!!!!! They give you problems but never tell you how or where to solve them.

Are there any other countries that want us because I;m sorry but this one is ridiculous.

Don't get me worng I know we have a hard case but they can at least tell me what to do. OK file some motions they say...A MOTION TO DO WHAT FOR WHAT WHERE AND WHERE IS MY CASE GOING NOW.

"A Conditional LPR card was issued to ********on **/**/2004. This status was valid for two years. Regardless of whether or not he stayed married and regardless of whether or not he stayed in the U.S., he was still required to file Form I-751, Petition to Remove the Conditions on Residence, prior to his conditional status expiring. He failed to file an I-751 and his status was automatically terminated by USCIS. This means that he could be sent for Immigration Proceedings at any time to have him removed from the United States. It seems unnecessary when he has already departed the U.S., but technically he did not inform immigration as he was supposed to, and he need not be present in court to be ordered removed in abstentia. If he received a notice of termination and information about subsequent immigration proceedings, it is his burden to prove to USCIS that he departed the United States in a timely manner. In order to present this information at this point, he must file a motion to terminate the proceedings with the Immigration Court/Office where the case was denied, based on having departed the United States, or have a qualified Immigration Attorney in the United States file this motion on his behalf.

Regarding the criminal offense: it is the applicant’s burden of proof to show he is eligible to enter the United States. Any arrest record must be accompanied by a final court disposition to prove whether the conviction is a crime involving moral turpitude and/or the final outcome of the case. He again, would have to file a motion in court to finalize this case.

If he can provide more information about his immigration proceedings (aka, whether or not he has been ordered removed) and his criminal proceedings (a final court disposition), he may be eligible for a waiver of both grounds. But right now, he lacks the evidence to prove what the real grounds of inadmissibility are. With this being the official disposition, he is not eligible for a waiver at this time.

Warm regards,"

WARM REGARDS MY DONKEY!!!!!!

I do not know why but I found myself thinking about your case and that post where you described your husband's life in Samoa... The post where you said he was fishing, harvesting fresh vegetables, living on the basics, etc. This life seemed quite ideal to me. Do you not want to move to Samoa? It sounded nice to me and I would give it a serious thought. It sounded like a great opportunity to get out of the rat race!

[Aztec&Taino 144]

he lives in a hut with no walls, no running water, and they still cook food over a fire or under heated rocks. I tried moving there in 2009. Within four weeks...I had a stomach virus, lice, urinary tract infections (3), ring worm, infections on my legs from flies eating at my flesh and that was all fine. BUT my daughter (one year old at the time) had a stomach virus which she lost six pounds in a week was completely dehydrated and had to be rushed back to the states to be hospitalized.

Okay, I guess illnesses are not ideal... It is a difficult situation and I hope you find a solution. That is why even though I have friends who are "illegal" I would NEVER date a person in such a situation because I would know the impossibility of fixing their legal situation. I mean, it is true that the mind does not rule over the heart but I would never get into such a troubled relationship if I could help it. Darn! It has been long and expensive enough as it is trying to deal with the process the legal way! Best wishes to you, your husband, and your daughter.