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jreacher

Cancel deportation of illegal alien

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Filed: Timeline

Can she claim as an extreme hardship that living in the USA since she was 2 y.o. is the only life that she has ever known.

She can't since she has no status in the US.

She has no status since she didn't use a visa to get back to the US.

She didn't use visa, because she claimed to be US citizen.

Edited by Asia
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Filed: K-1 Visa Country: Ukraine
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sounds like a life band to me. cam in claiming to be us citizen and not. 2nd felony which is longer jail time and deportation with life band looks like that! she can forget it. she did not act or do anything she should have done to keep her gc and now even more jail time! enjoy visits to Mexico

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Filed: K-1 Visa Country: Wales
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I think the first post was suggesting that she the Lawyer was going for Cancellation of Removal.

Two things required for COR are 10 years presence and good behaviour.

And a qualifying immediate relative that can show more than Extreme Hardship.

She seems to have neither.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: China
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she might have a small chance by going for behavioral adjustment therapy for the dwi. but assaulting an officer is just pointless unless she has strong evidence of police abuse.

she is pretty much cornered by immigration procedure. best would be moving back to mexico.

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Filed: Citizen (apr) Country: Brazil
Timeline

I see she's in deep trouble and I don't think her deportation could be canceled, to be honest.

Plus, marriage is something very serious, it's for life and it must be real. If she gets married just to gain immigration benefits, this is considered FRAUD, therefore more trouble.If this is her lawyer's advice, stay away from him, he's trying to make her break the law even more. That is not how you fix things.

Good luck.

Edited by Lisa and Phil

Caroline (Brazil) and Phil (USA)

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View my Timeline

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Filed: Timeline

I've been watching a lot of documentaries on immigration and so many people are caught in the web of not becoming citizens when they had the opportunity.

This person has been in the US since was 2 years old and never followed whatever righteous path towards citizenship that was available.

These kind of stories makes me want to scream out loud.

PS: Not going to touch the criminal aspects as it will cause me to be judgemental which I have been told is a violation of TOS.

Good luck to all concerned. If it's any consolation, some deportees have actually done better in Mexico than they did in the US but only until after they took stock and accepted their faith.

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Filed: Timeline

That's what I was thinking.. When she was talking to the immigration officials after her second DWI she told them that she had claimed to be a citizen.. So there's proof of that. I really don't trust this lawyer, and with your input I think I just want to take her to another lawyer and get a second opinion so no more money is wasted. Anyone else agree or is there something I don't know?

Believe it or not, but the false claim to citizenship is actually the worst out of all her crimes as far as immigration goes. Assaulting a police officer can under certain circumstances qualify you for a waiver, false claim to citizenship can't.

With that false claim on record, she has lost any chance she hever had of ever getting any form of legal status in the United States.

Let's say that through some lucky break there's no proof of her claiming to be a US Citizen. Would there be any chance even then? It doesn't seem like there would be any hope even without that claim. Just trying to look at all angles.

She was given the opportunity to live and work permanently in the US, and she squandered her first chance with the DWI. She ruined any potential second chance by falsely claiming to be a US citizen.

Basically, she had it good up until her first DWI. The assault charge would have been very difficult to overcome, but there'd still be a very tiny bit of hope depending on the circumstances. Depending on the intoxicant and the circumstances, marriage to a USC could have overcome this and the bar she would have had for unlawful presence and illegal entry, if the spouse could prove extreme hardship and why he absolutely couldn't move to Mexico. The false claim charge is a killer. There is absolutely no waiver for it whatsoever. Add the assault, repeated DWIs, illegal entries and unlawful presence and put two and two together. There are plenty of cases of otherwise law-abiding non-citizens who have made the mistake of falsely claiming citizenship on mortgage and job applications, and they usually end up in deportation with no waiver. A repeaded criminal offender who is also an illegal immigrant with a false claim charge is basically the epitome of a lifetime bar with no possibility of a waiver.

She will never gain legal status in the US, ever. Sorry.

Probably a lawyer who has an office in downtown L.A.with neon signs in the window saying Open 24 Hours, and when he needs cases, he listens on the Radioshack scannerfor ICE raids, and approaches the detainees the nextday ...

:lol:

Edited by jaejayC
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Thanks to everyone for your input. I got the contact info for a lawyer that has handled deportation cases and is supposed to be very, very good. I will see what she has to say.

As for all her trouble, yes, there's no excuse for the DWIs. She was young and severely depressed and in an abusive relationship, but it was very stupid and irresponsible. She has grown up a lot lately and is a totally different person, which is why it's so sad that she made those stupid mistakes that will affect her future. As for the assault charge it sounds worse than it is. Her lawyer doesn't think anything will happen with that because the officer was not very believable in his testimony, and there are plenty of witnesses that saw what happened.

As a legal immigrant that had to go through the immigration process myself, I know how difficult it is to do this even when everything is perfect. I had a job, education, no criminal record, and it still took years. I'm sad that she had her opportunity and wasted it. Anyway, I will talk to the lawyer and my guess is that she will say there is no point in wasting more money.

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Filed: Timeline
Anyway, I will talk to the lawyer and my guess is that she will say there is no point in wasting more money.

If the layer is honest she'd say that this is a lost case.

The reason is simple - your friend came to the US without inspection, so she has no status.

That can't be canceled even by marriage with the USC.

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If the layer is honest she'd say that this is a lost case.

The reason is simple - your friend came to the US without inspection, so she has no status.

That can't be canceled even by marriage with the USC.

Her current lawyer said that she would have to go back to Mexico and ask the judge (in Juarez?) for forgiveness. But I don't see how even that is possible, the judges can't override the law, can they?

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Filed: K-1 Visa Country: Wales
Timeline

Her current lawyer said that she would have to go back to Mexico and ask the judge (in Juarez?) for forgiveness. But I don't see how even that is possible, the judges can't override the law, can they?

There are no US Judges in Mexico.

What would she be asking a Mexican Judge to do? She has criminal issues in Mexico.

IF you are getting the story right she is being scammed.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

Her current lawyer said that she would have to go back to Mexico and ask the judge (in Juarez?) for forgiveness. But I don't see how even that is possible, the judges can't override the law, can they?

A good immigration lawyer would tell her that a Mexican judge has absolutely no authority over anything related to US immigration law whatsoever.

Does she have a criminal record in Mexico? That's the only case in which a Mexican judge would even be relevant here.

Her main, major problem is the false claim to citizenship. I don't know if you, her or her lawyer actually understand how serious of a charge that is in terms of immigration. Along with rape and murder, it's one of the few crimes where there is given absolutely no possibility for a waiver.

The way I see it, her only chance of any legal status in the US would be nothing short of a private congressional bill just for her.

Remember also, that while she might have changed, she is not being "punished" by the US per se. Living in the US is not a right that is somehow taken away as punishment. It's a priviledge taken away due to severe, repeated abuse.

If you lend someoen money once, and they never repay you. Then they steal your identity, break into your house, steal your money and still never repay you. Then they assault your family member. Would you lend them money again? Ever?

Edited by jaejayC
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Well, I got a recommendation for a lawyer that was supposed to be one of the best. She told me what I (and you all) suspected, that she sees no way for her to win this case. She pretty much said that the guy just took the case for the money and wasn't being very professional. She didn't recognize his name, so he's most likely not well known and respected (she knew multiple other lawyers including the one that did my green card), but she seemed shocked that he would be handling this case the way he is.

Edit: Her sister is also having immigration issues, and her case should be easier because she was never deported, never had any legal trouble, etc. She's using the same lawyer, and I will try to get her to get a second opinion as well. I don't trust this guy.

Edited by jreacher
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Filed: Citizen (apr) Country: Ecuador
Timeline

Thanks for the update. Good luck with the sister's issues. Keep us apprised, si man.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

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12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

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Filed: Country: Monaco
Timeline

A good lawyer can get her off the false claim of citizenship on circumstancial basis. The BIA has set enough precedents by overturning these life bans that a case well presented may well be dismissed. Given she has entered the country illegally she would be required to return to Mexico and wait for her visa request to be initiated by her husband and run its course.

IMHO the issue seems to be the marriage in and of itself. You don't mention a fiancé or boyfriend in your post which might indicate the lawyer is proposing an arranged marriage. That would only compound her situation, not to mention it might end up wrecking the life of the persons to whom she might marry. If her marriage is deemed fraudulent by the authorities, her 'husband' faces penalties in the hundreds of thousands of dollars and prison time.

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