Worried! deported over this??

[Kailyn 0]

Sorry in advance if I'm posting in the wrong area.

I don't know if anyone can help me out with this problem or not but I'm currently put in the middle of a family dispute.

My brother and my father got into an argument at the house with my husband and I ( I am USC and he is Canadian.) It happened right before we got married. We are still in the process of filing for the AOS. My brother claimed to have been hit by my father. My husband said he saw the whole thing and that my brother had hit himself and falsely accused my father. ( Which I believe to be true) Any way the cop asked my now husband to make a statement ( I didn't want him to but I was in fear my father would be falsely sent to jail if he didn't) The cops said this would in no way have anything to do with immigration since my husband didn't commit any crimes and his statement was just stating a crime didn't take place.

Well my brother and mother said they went to the courthouse afterwards and said the cop told them that if the case went to the DA's office it would cause problems and my husband could possibly be deported D: Now this is what my brother and mother said ( who's information I do not trust)

But it's leaving me stressed out beyond belief.. My husband has overstayed some time.

So my question does anyone know if this could cause him an issue? All it is from my understanding is a statement with no criminal activity?

So are they just using this to blackmail me in taking the statement back? ( They want a retraining order on my father)

Or should I have him take the statement back?

Any help is appreciated.

[ceadsearc 516]

I would be surprised if they check your husband's status but I suppose it is possible.

He won't be deported. Once you file AOS he is in a period of authorized stay. If you haven't files yet he COULD be detained but since he is eligible to adjust status he would be allowed to do so.

[BethandBilly 86]

Your husband has done nothing wrong, there are no charges against him, he was a witness and gave a witness report, it seems your family are trying to intimidate him trying to make him withdraw his statement. Do not let your father be accused of a crime he did not commit, do not allow any form of intimidation, if necessary report the intimidation to the police and threats of deportation from you family. Seems that both yourselves and your father are victims of intimation and false accusations.

I can't see his statement affecting his petition for NOA, sorry you are having veiled threats by your Mother and brother especially at a time like this.

Edited March 25, 2012 by BethandBilly

[Leatherneck 693]

Just relax -- your husband will not be deported. As you've described things -- there is nothing that warrants your husband being deported.

[Kailyn 0]

Thank you guys so much! I've just been so stressed out by it. I know it's not right for them to be intimidating us but sadly my mother and brother will do anything to gain the house over my father it's a messed up situation that I want to get out of. If he is detained will he have to wait in jail until all the paper work is finished with the AOS? ( thinking in worst case scenario) I'm going to go to the courthouse on Monday because from my understanding the cop said unless they press charges against us saying our statements are false then the case will not go to the DA'S office. But if we don't withdraw statements I have a feeling my brother and mother will get back at my husband and I in some way.. :/ On top of it all my mother is his sponsor. Could she take back her sponsorship after she's already signed all the papers?

[ceadsearc 516]

It's possible he could be held the whole time but likely not.

If he doesn't have his green card yet she can contact USCIS and pull her I-864.

[Kailyn 0]

Oh..wow now this is leaving me questioning on what to do. I don't think it will be a problem but I also don't want my husband being detained for that. Or my father sent to jail for a crime he didn't commit. :/

Thanks for the information though!

[sheeshkabelle 153]

I take it your husband was already in the US before you two were married. Did he come as a visitor and then marry you, or was he here for a few years/months before hand? Either way..

Your mother and brother are trying to intimidate you. They can call ICE all they want, call the sheriff or the state police, no one is going to arrest and detain him. IF they continue to harass you or your husband, I suggest having a protective order served on one or the both of them for harassment.

Think of it this way; the night of the incident, as your husband spoke to the police, and they knew he was in the US with out a green card, by mom and bro's logic, hubby would have been arrested that night, there on the spot. He wasn't. There is your answer.

Even if the DA prosecutes either your father (brother still insisting on the assault) or your brother (false police report), it has nothing to do with your husband, other than he is a witness.

Your husband is eligible to adjust his status, this isn't going to effect his eligibility for a green card. Once you send in the AOS papers and when AOS is approved, his overstay will be forgiven. (Tell your brother to 'stick that in his pipe and smoke it)

The DA has better things to do than to detain a Canadian with no criminal history.

oh and if you've already mailed off the AOS papers and your mother signed the I-864.. sorry for her. It's a legal binding document. It's going to be a legal nightmare for her to get out of it.

Edited March 26, 2012 by sheeshkabelle

[sheeshkabelle 153]

I take it your husband was already in the US before you two were married. Did he come as a visitor and then marry you, or was he here for a few years/months before hand? Either way..

Your mother and brother are trying to intimidate you. They can call ICE all they want, call the sheriff or the state police, no one is going to arrest and detain him. IF they continue to harass you or your husband, I suggest having a protective order served on one or the both of them for harassment.

Think of it this way; the night of the incident, as your husband spoke to the police, and they knew he was in the US with out a green card, by mom and bro's logic, hubby would have been arrested that night, there on the spot. He wasn't. There is your answer.

Even if the DA prosecutes either your father (brother still insisting on the assault) or your brother (false police report), it has nothing to do with your husband, other than he is a witness.

Your husband is eligible to adjust his status, this isn't going to effect his eligibility for a green card. Once you send in the AOS papers and when AOS is approved, his overstay will be forgiven. (Tell your brother to 'stick that in his pipe and smoke it)

The DA has better things to do than to detain a Canadian with no criminal history.

oh and if you've already mailed off the AOS papers and your mother signed the I-864.. sorry for her. It's a legal binding document. It's going to be a legal nightmare for her to get out of it.

Correction to add to the I-864, she can withdraw it before the case is closed for your husband, but she has to do so in writing as to why she is withdrawing it. If his case is closed before they get her paper, she's legally obligated.

[Gary and Alla 3,694]

Thank you guys so much! I've just been so stressed out by it. I know it's not right for them to be intimidating us but sadly my mother and brother will do anything to gain the house over my father it's a messed up situation that I want to get out of. If he is detained will he have to wait in jail until all the paper work is finished with the AOS? ( thinking in worst case scenario) I'm going to go to the courthouse on Monday because from my understanding the cop said unless they press charges against us saying our statements are false then the case will not go to the DA'S office. But if we don't withdraw statements I have a feeling my brother and mother will get back at my husband and I in some way.. :/ On top of it all my mother is his sponsor. Could she take back her sponsorship after she's already signed all the papers?

It is shame when parents do not have the best interests of their children at heart,they are missing a lot and so are their children. Unfortunately you cannot associate with people who would do YOUR family harm and that is what YOU have now. That means find another sponsor, just in case.

I would not worry about deportation so much as finding a way to live life on your own, you cannot do it this way. Your husband HAS TO BE number 1, he is your future, he is the person that is supposed to be with you until you die and the father of your children, the head of your family.

I suggest you eliminate ALL contact with these people. Begin now. No talking, no phone calls, no email, nothing. Fall off the face of the earth and concentrate n your family, no one else will. 40 years from now when YOU have a life threatening health issue your HUSBAND will be with you, these other people will not be. Focus. The police will contact you if they need to. Your parents and brother need to work this out for themselves. Any time you feel someone may want to harm you or "get back at you" then you have to insulate your life from them so the CANNOT do that. That means you CANNOT be dependent on them because they are not DEPENDABLE. That means they CANNOT have ANY information about you because that can be used AGAINST you. It means that anyone they know cannot know about you because then THAt person is jeapordized. People THEY know have to be insulated from them by being able to truthfully say "I don't know"

If you do not do this your marriage WILL fail. A spouse can only tolerate this for so long.

Edited March 26, 2012 by Gary and Alla