Deportation?

[MarocAEHabiby 2]

I wanted to know if anyone has any experience or has filed a joint motion to reopen on a denial of a I-485 by a IJ. My husband was ordered deported back in 2008 and didn't leave. We've been married 8 years and have one preschool and one on the way. He has 5 arrests but no convictions or probations. Most dismissals and one NG. I am still confused as to why he was ordered deported to begin with, as we had 1 child during the application for adjustment and no convictions, therefore making him eligible for adjustment technically, although the IJ denied it as a discretion. You guys are great and I hope someone can give me some background and hope, I'm going to have to move with him back to Morocco if I can't get this fixed because one kid alone is ok...but two will be too much to handle alone.

[MarocAEHabiby 2]

I wanted to know if anyone has any experience or has filed a joint motion to reopen on a denial of a I-485 by a IJ. My husband was ordered deported back in 2008 and didn't leave. We've been married 8 years and have one preschooler and one on the way. He has 5 arrests but no convictions or probations. Most dismissals and one NG. I am still confused as to why he was ordered deported to begin with, as we had 1 child during the application for adjustment and no convictions, therefore making him eligible for adjustment technically, although the IJ denied it as a discretion. You guys are great and I hope someone can give me some background and hope, I'm going to have to move with him back to Morocco if I can't get this fixed because one kid alone is ok...but two will be too much to handle, waiting to see if a waiver will be approved.

[Inky 1,111]

No need to double post the same thing. Give people a chance to answer.

http://www.visajourney.com/forums/topic/308784-deportation/page__p__4652180#entry4652180

[mahboula 11]

Sorry about your situation. Maybe you'd have better luck getting answers if you posted in a different area of VJ. I can think of a few experienced members that may have answers for you, but they don't drop by MENA much, so may not see your post. Maybe wait a bit, and if nobody can help, talk to a moderator about moving your post to the appropriate area.

[MarocAEHabiby 2]

Sorry, wasn't sure if the MENA forum was the best place so I posted in this forum as well. Moderator feel free to erase one of the two posts if needed, thanks!

[MarocAEHabiby 2]

Sorry about your situation. Maybe you'd have better luck getting answers if you posted in a different area of VJ. I can think of a few experienced members that may have answers for you, but they don't drop by MENA much, so may not see your post. Maybe wait a bit, and if nobody can help, talk to a moderator about moving your post to the appropriate area.

Thanks, I actually did that but another member got upset, so I apologize. I'm freaking out..but that aside if anyone has any advice/insight for my situation I'd love to hear about it!! Thanks.

P.S. Moderator I posted in the AOS based on family forum as well so if it is inappropriate to have two posts in separate areas feel free to delete or merge the threads. Thanks in advance

[momof1 205]

I suggest you head over to www(dot)immigrate2us(dot)net for better answers. You're going to have to provide a detailed timeline of his entries into the US, how he entered, circumstances surrounding his arrests and deportation order.

Off the top of my head, with no substantive info available, I'm thinking it's probably related to the arrests.

[Brother Hesekiel 2,236]

I wanted to know if anyone has any experience or has filed a joint motion to reopen on a denial of a I-485 by a IJ. My husband was ordered deported back in 2008 and didn't leave.

That's a legitimate reason to deny an AOS petition. Sure you can file a motion to reopen, but not without a top notch attorney and without a reason why your petition should not have been denied or why it should find new consideration.

I hope JimVaPhuong will chime in. He's the resident expert on this.

[NigeriaorBust 4,087]

Having a child or marrying a USC isn't a magic pill that gives you the right to stay in the US no matter what. Your husband was ordered to leave and chose to ignore the order. He also has flaunted other laws in the US as evidenced by multiple arrests. Your marriage isn't enough reason to keep him here on it's own. You need to seek highly qualified ( and probably expensive) advise. The judge will weigh what your spouse has done right with what he has done wrong and the list seems to be slanted to the wrong side. If I were you I would prepare for your husband to be deported.

[Darnell 8,478]

since you just joined, I'll take a bet that you not studied the forum structure.

The answer you seek is buried in another forum here but

I strongly suggest you study all this weekend over at

http://www.immigrate2us.net

as they tend to focus on the harder/hardest cases/casefile types.

Seriously. Dig Deep There

[JimVaPhuong 4,863]

I wanted to know if anyone has any experience or has filed a joint motion to reopen on a denial of a I-485 by a IJ. My husband was ordered deported back in 2008 and didn't leave. We've been married 8 years and have one preschool and one on the way. He has 5 arrests but no convictions or probations. Most dismissals and one NG. I am still confused as to why he was ordered deported to begin with, as we had 1 child during the application for adjustment and no convictions, therefore making him eligible for adjustment technically, although the IJ denied it as a discretion. You guys are great and I hope someone can give me some background and hope, I'm going to have to move with him back to Morocco if I can't get this fixed because one kid alone is ok...but two will be too much to handle alone.

We need a heckuva lot more details before we could give any sort of usable advice.

A motion to reopen can only be filed in response to a denial by a USCIS field office or service center, and only to attempt to reopen a case in which USCIS has jurisdiction. Your decision was made by an immigration judge, so a motion to reopen would not be accepted. In addition, the motion has to be filed within 30 days of receipt of the decision. It's been over two years since your husband's decision.

The Board of Immigration Appeals may have jurisdiction to accept an appeal. However, an EOIR-29 should have been filed within 30 days of the decision. Again, you've waited more than two years.

The actual step-by-step process you go through when you have a situation of this magnitude is beyond anything I've studied. All I have is a general understanding of the laws, and a sort of bird's eye view of the process. However, I do know from reading various legal decisions that Department of Homeland Security are obsessively ####### about "timely filed" motions and appeals, and they frequently refuse to hear cases because the window of opportunity to file a timely motion or appeal had long passed. It's possible that the only option you may have left is a civil suit in a federal appeals court.

Your house is on fire and you're talking on the internet with kids holding water pistols. You really need a well qualified immigration lawyer.

[Otto 83]

** Duplicated Topics Merged - topic is not MENA related and (for now, based on current information given) may be most appropriate in AOS Family Based.

[MarocAEHabiby 2]

Thanks so much everyone for the advice, I haven't really explained everything in detail so I will start from the beginning:

-Husband entered the US in 2001 on B-2 visa and overstayed

-We met in 2002, got married in 2003

-Applied for AOS in 2004, filed i-485 with i-130 with an immigration attorney

-i-130 approved, husband ended up getting arrested and released on bond by immigration after finding out pregnant w/first child

-Attended immigration hearing infront of IJ after birth of child and ultimately AOS denied as a matter of discretion (no convictions/guilty pleas/probation), at this point went in front of IJ Pro Se which in hindsight was incredibly stupid

-Filed motion to reconsider and reopen, both which were denied, although was noted in reply that although he was statutorily eligible it was denied as a discretion, ordered deported in 2008

-Fast forward to today, husband is in ICE detention and we have an attorney (who is great, but I wondered if anyone else had a similar experience because we have no idea what is going to happen) applying for a JMTR, but I'm trying to figure out what will likely be the outcome. I've read on the DOJ EOIC website about cases much worse than his being reopened, and those which have criminal convictions being deported, but there aren't any cases on there where discretion was a basis for declining an application with no convictions.

I know he looks like a bad guy, but these arrests happened all while he was under 21, he came here and went from having parents coordinating every movement in his life (school, sports, home) to having complete freedom and picked up a really crappy group of friends from the inner city school he attended. With English not being his strong point when first arriving, he "had" to be tough to fit in and not get bullied, but now it's really biting us both in the ####. Thanks again to everyone who took the time to read and respond, I really appreciate any advice. We have a 5 year old and I'm pregnant going bonkers. BTW, I have been reading up on immigrate2us, but I haven't really found any direct information helpful to our case. Thanks again.

Edited May 8, 2011 by MarocAEHabiby

[JimVaPhuong 4,863]

Thanks so much everyone for the advice, I haven't really explained everything in detail so I will start from the beginning:

-Husband entered the US in 2001 on B-2 visa and overstayed

-We met in 2002, got married in 2003

-Applied for AOS in 2004, filed i-485 with i-130 with an immigration attorney

-i-130 approved, husband ended up getting arrested and released on bond by immigration after finding out pregnant w/first child

-Attended immigration hearing infront of IJ after birth of child and ultimately AOS denied as a matter of discretion (no convictions/guilty pleas/probation), at this point went in front of IJ Pro Se which in hindsight was incredibly stupid

-Filed motion to reconsider and reopen, both which were denied, although was noted in reply that although he was statutorily eligible it was denied as a discretion, ordered deported in 2008

-Fast forward to today, husband is in ICE detention and we have an attorney (who is great, but I wondered if anyone else had a similar experience because we have no idea what is going to happen) applying for a JMTR, but I'm trying to figure out what will likely be the outcome. I've read on the DOJ EOIC website about cases much worse than his being reopened, and those which have criminal convictions being deported, but there aren't any cases on there where discretion was a basis for declining an application with no convictions.

I know he looks like a bad guy, but these arrests happened all while he was under 21, he came here and went from having parents coordinating every movement in his life (school, sports, home) to having complete freedom and picked up a really crappy group of friends from the inner city school he attended. With English not being his strong point when first arriving, he "had" to be tough to fit in and not get bullied, but now it's really biting us both in the ####. Thanks again to everyone who took the time to read and respond, I really appreciate any advice. We have a 5 year old and I'm pregnant going bonkers. BTW, I have been reading up on immigrate2us, but I haven't really found any direct information helpful to our case. Thanks again.

The IJ does have discretion to deny the AOS, but they don't do that with wanton abandon. When they use their discretion to deny there is always an underlying reason. In other words, "I'm using my discretion to deny because...". The "because" part of this is still very unclear. The adjudication process is a matter of weighing the factors, both positive and negative, and then making a determination which factors carry more weight. Your husband is married to a US citizen. This is a huge positive factor. What were the negative factors that caused the immigration judge to determine that they should deny? These things should have been spelled out in some detail in the judge's decision.

Again, I can't say much about the procedural aspects of this. You're outside the bureaucratic paperwork shuffle that most of us are familiar with, and are well within the legal procedural stage that few of us have any real experience with. We might be able to help pick through the relevant laws to see if there's something your lawyer has missed, but the actual process is something you'll have to depend on your attorney for assistance with. You might also consider consulting with a few more attorneys.

[Joan >3 Bob 20]

I wanted to know if anyone has any experience or has filed a joint motion to reopen on a denial of a I-485 by a IJ. My husband was ordered deported back in 2008 and didn't leave. We've been married 8 years and have one preschool and one on the way. He has 5 arrests but no convictions or probations. Most dismissals and one NG. I am still confused as to why he was ordered deported to begin with, as we had 1 child during the application for adjustment and no convictions, therefore making him eligible for adjustment technically, although the IJ denied it as a discretion. You guys are great and I hope someone can give me some background and hope, I'm going to have to move with him back to Morocco if I can't get this fixed because one kid alone is ok...but two will be too much to handle alone.

FIVE arrests and still confused??????????? :help: