PDA

View Full Version : Anyone in the same situation?

bestrdh
11-09-2007, 04:57 AM
My husband was caught EWI in 1999, when apprehended he told Border patrol that he was born in Stockton. He never said US or California. He was fingerprinted and deported on the spot claiming due to false claim of citizenship. We know there are no waivers for 212 (a)6cii, because we tried in 2003. Has anybody fought a false claim to citizenship and won? Please help!!! I cannot sleep at night thinking ICE is going to come knocking on our door.
kitkat1
11-09-2007, 06:00 AM
Have you consulted a qualified, experienced immigration attorney? I can't imagine on what basis you could fight it - unless he was indeed born in a town called Stockton in Mexico and can prove it.
bestrdh
11-09-2007, 06:07 AM
We've consulted many. Some have told us that's a possibility because it's a fact that there are other Stockton's in the world. However that it's very difficult. Some have told us to sit and wait for laws to change. However it seems like that might never happen. my concern is that ICE might knock on my door. I don't know if my husband is indeed in the system as deported because when we got the denial letter it stated the original order was reinstated and that if he didn't leave removal proceedings would be started. I know that there is a 202 # but I don't know what it is and if it harms my husband in any way by checking his status.
kitkat1
11-09-2007, 06:12 AM
I would first try to get a referral to a lawyer who has successfully reversed a denial based on a false claim of citizenship and then find out what your chances are. Even then, unfortunately I still can't see how it could be fought since he wasn't really born in a place called Stockton outside of the US.

I would not wait for laws to change - this law is definitely not one that is likely to ever change.

I think you can assume that once his AOS was denied, his original order was reinstated and that removal proceeedings were started. If you never received a deportation order, it doesn't mean there isn't one. I also don't think that checking his status could in anyway impact his case, but it seems like that would be a smart question for a lawyer as well.