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Removal (Deportation) Order was given by immigration judge

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Filed: Other Timeline

Hi everyone,

My sister won green card through lottery 4 years ago. She and her husband her children received green card and since then they were not able to move to the US due to family reasons. For 4 years they kept coming back to the US for short periods of time to maintain their status until they move. Finally they decided to move in 2011. However, at the airport they were stopped and after the scrutiny officers found out that they haven't been living in the US most of the time. So, officers put all family members in removal proceedings. Since then my sister and her family have been residing in the US. After 2 years the court hearing was finalized and they lost the case. Judge put them in removal order and said that they have 30 days to appeal if they want.

My question is:

As far as I know they get 10 year ban because of this removal (deportation) order. I would like to know if they will lose all of their chances to come back to the US in the next ten years or if there will be any way at all to come back. And when I say come back, I mean in general - as a tourist, kids as students, or as permanent resident. I am a US citizen and live in the USA. It is not pleasant to know that your sister can never visit your home. Would there be any way at all to overcome this ban if needed?

Also, I petitioned her last year (as soon as they were put in removal proceedings) to become resident as sibling. However it takes about 10-12 years to get green card through sibling. What is going to happen when the time arrives and she is eligible for green card through me? Is she going to be denied for the the current deportation order?

Finally, please note that, they didnt hurt anybody, they didnt get deported for criminal issues, they are not even being deported by officers. They are just leaving the country with their own will upon judge's order. Is it going to help at all in the future when they need to come back?

Thank you so much in advance for your input!

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Filed: AOS (apr) Country: Venezuela
Timeline

i am pretty sure 10 year ban.. means 10 year ban.. which means you don't step foot back in.. cuz you have been banned

K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

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Filed: Country: Vietnam (no flag)
Timeline

Your sister's family made the dateline mistake that occasional visits to the US is enough to keep a green card.

This case should serve as a warning to those who want a green card to occasionally come to the US in violation of the green card laws.

Your sister's family will have a ban. They will not be allowed to enter the US. A waiver is possible, but unrealistic since you would need to show a hardship to you if your family is not allowed into the US.

The I-130 will be approved. Once the 12 years wait is over, then your sister will be done with her ban so no problem.

How old are the kids? They may not be allowed to immigrate if they will be over 21 when their mother is eligible to immigrate.

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Filed: Timeline

You need an immigrant attorney to help with appeal. He/she will help you look after the case and communicate at the immigrant court.

The immigration law has to be taken very seriously.

What family reason caused their delay to come to America? Maybe the kids are little? Maybe the jobs that they didn't want to give up. The reason will be questioned every time they cross the border.

Two things everyone always has to keep in mind,

1. Respect the law and follow the law

2. Be honest and truthful when answer questions to Immigration officers and custom officers and all other law enforcements.

"So, officers put all family members in removal proceedings. Since then my sister and her family have been residing in the US."

What does "removal proceedings" mean? Did they actually get a "must-leave-in-certain-days" order?

What document did they receive at the airport? Why did they reside in the US for two years? What did they do in these two year?

Hi everyone,

My sister won green card through lottery 4 years ago. She and her husband her children received green card and since then they were not able to move to the US due to family reasons. For 4 years they kept coming back to the US for short periods of time to maintain their status until they move. Finally they decided to move in 2011. However, at the airport they were stopped and after the scrutiny officers found out that they haven't been living in the US most of the time. So, officers put all family members in removal proceedings. Since then my sister and her family have been residing in the US. After 2 years the court hearing was finalized and they lost the case. Judge put them in removal order and said that they have 30 days to appeal if they want.

My question is:

As far as I know they get 10 year ban because of this removal (deportation) order. I would like to know if they will lose all of their chances to come back to the US in the next ten years or if there will be any way at all to come back. And when I say come back, I mean in general - as a tourist, kids as students, or as permanent resident. I am a US citizen and live in the USA. It is not pleasant to know that your sister can never visit your home. Would there be any way at all to overcome this ban if needed?

Also, I petitioned her last year (as soon as they were put in removal proceedings) to become resident as sibling. However it takes about 10-12 years to get green card through sibling. What is going to happen when the time arrives and she is eligible for green card through me? Is she going to be denied for the the current deportation order?

Finally, please note that, they didnt hurt anybody, they didnt get deported for criminal issues, they are not even being deported by officers. They are just leaving the country with their own will upon judge's order. Is it going to help at all in the future when they need to come back?

Thank you so much in advance for your input!

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Filed: Other Timeline

Thanks for taking your time to contribute everyone!

To answer your questions:

- They are banned, because at the airport they were given an option to leave voluntarily and not get a ban or fight the case in court and win or lose with the exception that if you fight and lose then you are deported. The time when you wait for the court is called removal proceedings.

- To the question about kids age... They will be below 21 when the time arrives.

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Filed: Timeline

Based on what I have learned, if deportation order is given, you should follow the order.

You can make an appeal from abroad. But you may have to find an attorney to represent you.

Thanks for taking your time to contribute everyone!

To answer your questions:

- They are banned, because at the airport they were given an option to leave voluntarily and not get a ban or fight the case in court and win or lose with the exception that if you fight and lose then you are deported. The time when you wait for the court is called removal proceedings.

- To the question about kids age... They will be below 21 when the time arrives.

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Filed: Timeline

Now it makes sense. Not to blame anyone, now if your sister looks back, she would have rather chosen to leave voluntarily. Now it is a ten-year ban and it is extremely difficult to overturn this ruling. You may be able to find a lawyer to take your case. However, you need to cautious and informed that it may or may not help with anything in term of overturning the ruling from the immigration judge.

To summarize, it is always a wise choice to obey the immigration law.

By the way, when they fight at the court, did they have an attorney? How did the attorney do during the case, Did the attorney do a good job?

"The time when you wait for the court is called removal proceedings."

Are they allowed to stay in the U.S. legally while their case is on "removal proceedings". Is there a deadline on the paper that your sister and her family had to follow?

Thanks for taking your time to contribute everyone!

To answer your questions:

- They are banned, because at the airport they were given an option to leave voluntarily and not get a ban or fight the case in court and win or lose with the exception that if you fight and lose then you are deported. The time when you wait for the court is called removal proceedings.

- To the question about kids age... They will be below 21 when the time arrives.

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