Pulling My Hair Out!!

[corazoncita]

OK people, I'm going NUTS!!! What is the difference between "removal" and "deportation"?

This immigration handbook says there is a difference, but does not specify what it is...

This booklet is for people who are in the custody of DHS and who have been placed in removal proceedings. “Removal” is what used to be called “deportation.” This booklet is not applicable to persons who are in deportation or exclusion proceedings. If you were placed in immigration proceedings after April 1, 1997, you are probably in “removal” proceedings. You can tell what type of proceedings you are in by the document you
should have received from DHS that has the charges against you (or reasons you can be removed from the U.S.).

http://www.lirs.org/InfoRes/PDFs/FlorenceProSe/VolDep-E.pdf

Yeah, we have not received any papers as of yet... he is serving 6 months for a non-aggravated felony and will be released (most likely to immigration, according to our criminal attorney, who also happens to be an immigration attorney). I REALLLLLLLLLY want him to depart voluntarily, but I have no idea how this works! It says on the NC Dept of Corrections website that there is a detainer on my husband, meaning he is wanted by another authority upon release-- that authority would be INS. How can I even find out if there has been a hearing set for him? It is financially impossible for me to hire an attorney, and I'm trying to do this myself.

Like I said, his criminal offence was not aggravated-- according to this list:
http://www.visaportal.com/page.asp?page_id=139

101(a)(43) The term "aggravated felony" means— (etc.)

I just need to know when he will see a judge!!!! I guess I am really confused, and frustrated because I can't afford an attorney. I know these are really tough questions, and I don't expect anyone to know the answers. This is a venting post, more or less... just sitting at my computer typing and trying to keep from crying at work. :bluesad: If ya'll could just pray for me, I would appreciate it...

[Paige]

Corazoncita, I don't know the answer to your question, but I am praying for you. Be strong!

[slvjvm922000]

Corazoncita Well i dont know the exact answers but my husband was deported by the ins they always tell u that they will have a court hearing but usually they dont. With him having the detainer on him means that when he is ready to walk out the door the ins will be there waiting for him and they will then take him to the prison where they hold the people in there custody. He might just be sent right back to his country i dont know if he is from mexico or where he is from but they usually dont get a chose to voluntary depart on there own sence he was in trouble with the law. I will keep u in my prays.

[inlimbo]

Corazoncita, I think that "deported" and "removed" are basically the same things, they just changed the terminology after April 1, 1997. That's the way I understood it.

slvjvm might be right - since he has a record in the US, they will probably be less likely to grant him voluntary departure.

Do you have an A# for your husband yet? There is a 1-800 # that you can call to check on his next immigration court date. However, if he still has 6 months in jail first, I would imagine that nothing will really happen on the immigration end until he is released into their custody.

The best thing you can do right now is to read as much as you can on voluntary departure. When my fiance was detained it was all very confusing - we had been on vacation in Buffalo, NY, so I had to return home to WI and I couldn't figure out what the h*ll was going on and my fiance didn't really have a clue either. Ultimately he just went to court and said, "I want to go home, I accept "removal" (aka deportation) and about 2 weeks later he was finally taken back to Mexico.

hang in there corazoncita!

[slvjvm922000]

corazoncita- inlimbo is also right he will get a A number but he will get that when he is released into immigration custody. Usually it takes about 2 weeks depending on where they are at to be deported back to mexico. It is very confusing like inlimbo said she has dealt with it and so have i. It is so hard sometimes to find out what is going to happen to ur spouse but u have to keep on there a** to get any info. There is a 1-800 number when he gets transferred to ins to call just remember keep bugging them till they tell u something.

[inlimbo]

I'm trying to find that 800 # again - the funny thing is that I think I just recently threw away the notebook that info was in because I was like, "H*ll, I'll be d*mned if I ever need this information again!" Figures.:erm:

[corazoncita]

He does not have an A# yet that I know of. I have been trying to prepare him for the fact that he will be deported, but I guess some of the other inmates have been telling him that he won't necessarily be deported-- and he is dwelling on that. It's breaking my heart because he keeps writing letters saying he can't wait to see his daughter, when in truth, he won't see her because he'll be detained by CIS upon his release.

I guess it's not the fact that he's being deported-- it's the fact that only God knows how long it will take. I don't know how long it takes to fill a plane with Central Americans... they can't make trips there nearly as frequently as they do to Mexico. The longer he stays in the US, the longer we have to wait for our appointment.

Thank you for all the information and support, ladies. :)

[inlimbo]

Corazoncita, I'm sorry to say that if USCIS is definitely where he's headed when he's let out of jail, he will be deported if he's been living in the US illegally, whether he's committed crimes or not. USCIS will not turn down an opportunity to deport someone, that's for sure. Where is your husband from again? When my fiance was being detained, he met someone from Honduras who was there for just a little over a month before they sent him back. Hopefully your husband will not be there long. Can you send letters to him where he is now? When my fiance was in immigration detention I wrote letters to him every day and he wrote every day too.

I am just so sorry that you have to go through this, Corazoncita. Don't forget that we're all here for you.

[corazoncita]

He is in a NC State Prison (minimum security... he had a pretty small offense compared to most) and yes we do write each other all the time. He gets 2 10-minute phone calls per month, and I got to speak with him Friday. He was so happy to hear my voice that I didn't want to bring him down with a conversation about being deported. I gently told him that he needs to prepare himself for anything-- including deportation. I know the other inmates have been filling his head with fantasies about going free once his sentence is finished.

His lawyer did say that CIS must come pick him up during the 48 hours prior to his release, or else the prison has to let him go free. The prison is located in the boondocks, and it has a REALLY tiny inmate population. The odds of another person having the same release date (let alone another illigal immigrant) is super small. I keep wondering why INS would go out of their way to travel to the tiny, minimum security prison in the middle of nowhere to pick up my husban when there are other prisons big enough to release a busload of illegal immigrants per day who are guilty of much more serious offenses.

In any case, I'm not getting my hopes up about an itsy-bitsy possibility of release. However--- I feel A LOT better about the fact that your husband met a Honduran that was only held for about a month. That is the best news I've had all day! :) Thank you for sharing that.

[Klame1983]

I'm trying to find that 800 # again - the funny thing is that I think I just recently threw away the notebook that info was in because I was like, "H*ll, I'll be d*mned if I ever need this information again!" Figures.:erm:

Here it is:
1-800-898-7180
:wave:

[Klame1983]

He does not have an A# yet that I know of. I have been trying to prepare him for the fact that he will be deported, but I guess some of the other inmates have been telling him that he won't necessarily be deported-- and he is dwelling on that. It's breaking my heart because he keeps writing letters saying he can't wait to see his daughter, when in truth, he won't see her because he'll be detained by CIS upon his release.

I guess it's not the fact that he's being deported-- it's the fact that only God knows how long it will take. I don't know how long it takes to fill a plane with Central Americans... they can't make trips there nearly as frequently as they do to Mexico. The longer he stays in the US, the longer we have to wait for our appointment.

Thank you for all the information and support, ladies. :)

Actually, it's pretty easy to get a plane full. They land every day in a central american country.

[corazoncita]

Yay!! Thank you! That gives more more relief...


... yet I'm totally depressed now, since I really just found out my husband has almost no chance to get the waiver approved. :bluesad: (I sent you an email about it, Klame!)

[Luckysprite]

corozoncita - I am truely sorry for the news that Laurel had in her chat today. I read it this afternoon - and my heart sank. I can not even begin to imagine what a hard blow that must have been when she said those things. Stay strong for that beautiful little girl of yours - and one way or another - have faith that you and your huband will get through this mess together, somehow!

[corazoncita]

Well, call me stupid, but I'm going on this information.

He shouldn't get the 10 year ban from filing on grounds of inadmisibility... his crime was not considered "aggravated" even though it is a felony. He does have one Level 5 DWI (barely above the legal limit-- the worst is a Level 1) on his record. I know if we were filing through Juarez, that would activate the 3 year ban for filing the I-601, since alcohol is considered a drug. All countries are different, and the law states that for any alcohol conviction in the past 3 years, the alien must be mentally evaluated by a medical professional approved by CIS. Whether they are deemed an alcoholic or not, the law specifically states that if the alien has proof of rehabilitation, they can qualify for waiver application as long as the alien doesn't pose a threat to himself or any US citizen. Juarez has their own little rule about alcohol qualifying as a drug... some offices will be more lax, some more strict. I am HOPING TO GOD that Honduras is a little more easy-going! I would think that open container is not the same as a DWI or something of that nature. He wasn't driving with the open container. For one of the charges, he was standing outside of a bar. For the second charge, he was asleep in the car (which was parked in a family member's driveway after a party) and there was a beer bottle laying on the floor. The officer tapped on his window and then the arrest was made.

"Failure to stop for accident" is not listed here as an aggravated felony...
http://www.visaportal.com/page.asp?page_id=139

I know it's a tough case, and I know that they will probably deny my waiver, but I do believe that if God wants my husband back in the US, it will happen. God is bigger and stronger than any of those immigration people-- but that's just what I believe. If my husband doesn't make it back, there is a reason for it... only God knows what it is. I reallllly appreciate the kind comments, Luckysprite.

[corazoncita]

I meant to post this earlier as well... it also gives me a little more peace of mind.

http://www.murthy.com/news/UDduidwi.html

Under the Immigration and Nationality Act (INA), applicants for immigrant visas, adjustment of status, and some nonimmigrant visas (such as Ks and Vs), must have medical exams to determine whether they have any health conditions that would make them inadmissible to the United States. Illnesses that result in inadmissibility include mental disorders and associated behaviors that can pose or already have imposed a threat to the property, safety, or welfare of the foreign national or others. Alcohol abuse and alcohol dependence have been defined by the U.S. Secretary of Health and Human Services to be included in these types of illnesses. The USCIS believes that a record of arrests and/or convictions for alcohol-related driving incidents may constitute prima facie evidence of health-related inadmissibility grounds.


In most cases, applicants only have to undergo one medical examination. The Yates Memo, however, provides that a medical reexamination is needed if the applicant has a significant criminal record of alcohol-related driving incidents that were not considered by the physician during the original medical examination. A significant criminal record of alcohol-related driving incidents includes:

1. one or more arrest / conviction for alcohol-related driving when the applicant's driver's license was suspended, revoked, or restricted at the time of the arrest due to a previous alcohol-related driving incident

2. one or more arrest / conviction for alcohol-related driving when personal injury or death occurred from the incident

3. one or more conviction for alcohol-related driving when the conviction was a felony in the jurisdiction where it occurred or when a sentence of incarceration was actually imposed

4. two or more arrests / convictions for alcohol-related driving within the preceding two years

5. three or more arrests / convictions for alcohol-related driving when one arrest or conviction was within the preceding two years

[egonzalez1975]

Corazoncita--

I didn't realize that was your story with your husband. I am so sorry to hear about that but, I do believe that God will make happen whatever needs to happen.

Just hang in there and hopefully they won't come and get him when he is released. Let's just keep praying for that.

[tonyr7]

hey yall
a tiny little prison in the boondocks aint gonna stop the vulture squad
thats what we called them when i was in BTC in miami
they would swoop down in the middle of the night, grab a bunch of souls, and the next morning, the compound that held 350 souls, was inhabited by 30
on my arrest in NE florida, I was taken to county jail
the next day, we were bounced from one bus to the next, picking up folks on the way, from one end of florida to the other
19 hours in handcuffs and shackles, to complete a trip that i would regularly drive in 6
all because an adjudicator claimed my wife withdrew support, with no evidence

Never, ever, give up hope
those of us that have had to undergo the indignities that are ICE, rely on you for our strength,our courage, our hope,our very meaning
fight to the end
if our hands were not bound, we would be reaching to out to you