lopay
12-14-2007, 06:46 PM
Hi, if you have read my other case, you know that I am one for complicated stuff.
I need to know how I can get my wife's case appealed. She was falsely accused of living in the US and then being deported in 2003. I have been married to her since 2002 and we have lived in Mexico since then.
Her case is as follows:
In 1998, she did not appear for an immigration hearing. She used her boarder crossing card to move to Dallas with the father of her children (he is a USC), but his family turned her in and told her that her kids would be taken away from her if she did not just leave the country, so she got scared and left.
The judge ordered her removed by absentia.
She continued using her boarder crossing card with out any problems.
We married in 2002 and an immigration officer at the boarder told us that my stepdaughters could also get a boarder crossing card. When we went to the Consulate, she had her boarder crossing card taken and was told that no one in the family was allowed to have one.
I applied for an appointment in CDJ, and received one in 2005. At the appointment, the officer said, well it looks like everything is good, but you were living in the US and were deported in 2003. She passed out and we were in complete disbelief.
I contacted my senator's office for help. USCIS responded:
"she was formally refused under ..... 212 (a)(9)(C)(ii) and under.... 212(a)(9)(A)(ii)" and "On August 23, 2003, after unsuccessful and repeated attempts to obtain a humanitarian permit through DHS to enter the United States and after having had her DSP-150 ("laser" visa) lifted, -------- reentered the United States without inspection. This reentery without inspection in 2003 following the deportation of 1998 explains the ineligibility finding of ten years following the last time alien left the United States."
We have affidavits from many people saying that she was not here in the US, even from a lawyer who helped us obtain custody of her daughters from their father. We have no idea where how USCIS came up with this. You would think that there would have been some kind of hearing or at least a notice to appear.
They had a very hard time getting her fingerprints. We think that this may have caused a mismatch in the computer. But we also know that there are some family members who would have done to her.
What can we do? How do we request the evidence that was presented against her? If it was the fingerprint, then how can we prove that it was a mis-match?
I need to know how I can get my wife's case appealed. She was falsely accused of living in the US and then being deported in 2003. I have been married to her since 2002 and we have lived in Mexico since then.
Her case is as follows:
In 1998, she did not appear for an immigration hearing. She used her boarder crossing card to move to Dallas with the father of her children (he is a USC), but his family turned her in and told her that her kids would be taken away from her if she did not just leave the country, so she got scared and left.
The judge ordered her removed by absentia.
She continued using her boarder crossing card with out any problems.
We married in 2002 and an immigration officer at the boarder told us that my stepdaughters could also get a boarder crossing card. When we went to the Consulate, she had her boarder crossing card taken and was told that no one in the family was allowed to have one.
I applied for an appointment in CDJ, and received one in 2005. At the appointment, the officer said, well it looks like everything is good, but you were living in the US and were deported in 2003. She passed out and we were in complete disbelief.
I contacted my senator's office for help. USCIS responded:
"she was formally refused under ..... 212 (a)(9)(C)(ii) and under.... 212(a)(9)(A)(ii)" and "On August 23, 2003, after unsuccessful and repeated attempts to obtain a humanitarian permit through DHS to enter the United States and after having had her DSP-150 ("laser" visa) lifted, -------- reentered the United States without inspection. This reentery without inspection in 2003 following the deportation of 1998 explains the ineligibility finding of ten years following the last time alien left the United States."
We have affidavits from many people saying that she was not here in the US, even from a lawyer who helped us obtain custody of her daughters from their father. We have no idea where how USCIS came up with this. You would think that there would have been some kind of hearing or at least a notice to appear.
They had a very hard time getting her fingerprints. We think that this may have caused a mismatch in the computer. But we also know that there are some family members who would have done to her.
What can we do? How do we request the evidence that was presented against her? If it was the fingerprint, then how can we prove that it was a mis-match?