PDA

View Full Version : Notice of removal - help


jazzette
07-21-2007, 09:04 PM
I need your help. Yesterday we received a notice of removal under 212(a)(6)(A)(i) in that you are an alien present in the US without being admitted or paroled, or who arrived in the US at any time or place other that as designated by the Atorney General.

I so upset today is my birthday and I did not tell my husband yet because he will fall apart. I'm going to wait until tomorrow.

He thinks that I am still crying about the fact that I had to put my sixteen year old dog to sleep on July 1.

July 19th was the ten year anniversary of our first date and in Sept we will be married 5 years.

We had our interveiw in Nov and were denied AOS and charged with misrep because they said he was deported (expiditedly removed) in 1997 and then EWI'ed. He did not lie about being deported because he did not know and they never told him or sent anything to Ireland about it.

I am thinking about hiring Shulsterman and wonder if he has someone in NYC.

My father 82 year old father is sick and mentally disturbed. In 2002 he was rushed to the hospital when I took him to the doctor because he started throwing up and his heart was slow and he was jaundice. I have a copy of a note from the doctor saying I was his only caretaker. It turned out that he had a peptic ulcer which they removed but his digestive system has never been the same and the pills they gave him only made it worse.

He feels that the doctors did not help him figure out what foods to avoid and has not gone back since. He also thinks that he is a profit and writes to the religious organizations all the time. He feels he can use them to spread the realizations that god gives to him (just like god talked to Mosses)

I have a friend that has a nurse that would visit him and write something, would that be good enough? Additionally I talk him into giving me copies of his enlightenments from God. I guess he feels that he is writting excerpts to the new testament like Paul.

I am the only person in his life and he is my only family since my mother divorced him in 1985. When I was 2 we went to move to Germany, but only stay there 6 months because my mother pretended to commit suicide. I was about to come back to the US with my mother and last minute my father realized that he need to come back to protect me, even though he had a better life in Germany.

I had went to the doctor in May about the pains in my knees (sometimes I can hardly walk) but never followed up with a sonogram.

We have a house and I owe 10,000 in credit card debt and I work for 23 years for the city of NY doing payroll witch is only a city system and I only have High School.

Please help me I am so confused and upset.

jazzette
07-21-2007, 09:11 PM
I fogot to mention that our appointment is in Oct

kitkat1
07-21-2007, 10:28 PM
What appointment do you have in October? Is it a consular interview for a spousal visa in his country? (You would have previously filed a spousal visa petition that had been approved and eventually forwarded to his consulate).

Since he did not enter the US legally, he was never able to AOS in the US. (It's very clear on the AOS forms that this is NOT an option -- did a lawyer advise you to try this?)

With illegal presence, deporation and a charge of misrepresenation, he will be denied at his consular interview and told if he is eligible to file a 212 wavier for the deporation and a 601 waiver for the illegal presence and misrepresenation. You as the USC need to write a hardship letter with evidence proving extreme hardship to you if his visa is ultimately denied. The items you mentioned regarding your father's health will be included here. He will not be allowed to return to the US until the waivers are approved. If he re-entered the US illegally AFTER the deportation, he will not be allowed to file a waiver for 10 years.

It would be a very smart idea to consult with an attorney who is experienced and qualified. The attorney does not have to be located in the same state as immigration law is federal. Here people highly recommend Heather Poole and Laurel Scott -- you can find their information on their websites.

jazzette
07-21-2007, 11:47 PM
Yes we were working with a lawyer and after we filed the papers I found this forum and realized that we should have filed a FBI check before we filed. My husband was not aware of a deportation but was stopped and fingerprinted in Canada.

What we need now is someone who is an expert in deprtations because they claim that he was on our denied AOS. And someone that could come with us to the removal proceedings. They want us to show why he should not be removed based on the charges above: which are 212(a)(6)(A)(i)

kitkat1
07-22-2007, 12:59 AM
I understand that there are ramifications for not attending the removal proceeding. But you shoudl understand that even if you fight the deporation and win (I just cannot see how that's possible -- when he was stopped and fingerprinted they would have had to explain to you WHY they were doing that) there is still no way to adjust status in the US because he entered illegally. I imagine there is a good chance he will be deported at that hearing.

At that point, you will have to begin the process by filing for a spousal visa and upon his interview denial for illegal presence (and potentially the deporation and misrepresentation) you will need to submit the waiver and evidence. Just wanted to be sure you are clear on the likely outcome.

In any event, since you want someone to attend the hearing, I would first consult with Laurel Scott or Heather Poole to get a good referral, to understand exactly what you are facing, and to be sure that going to the hearing is the correct thing to do.

p.s. if you were working with a lawyer, he should have known that there was never an option to AOS in the US, even without the deporation issue. If you told him the truth about the illegal entry and he still advised you to adjust status in the US, you should report him to the state bar.

pfcwife23
07-23-2007, 12:37 AM
i sent some thing to your mail please call if it applies to you