Please help if you can

[Need_help]

I saw your answers to some other people and I am in big trouble myself . My wife's case was deemed frivolous and she has a permanent ban to reenter us because the judge believed the documents she showed on her asylum case were false . I am us citizen and we have 2 kids us citizen as well but she has the ban , our lawyer told us there is nothing that can be done , we are looking to talk to another lawyer before we leave for our contry as a family . Do you know if there is any hopes for us ?? It is not fair for me or the kids to suffer , especially the kids . We are desperate , is there any hope for the future at least ?? please help if you can

[cupcake]

I'm very sorry, but I think your attorney is right. Here are two links you may want to look at about frivolous asylum applications, but accords to INA 208(d)(6), the applicant it permanently barred/ineligible from receiving any immigration benefits. You are wise to consult with another attorney before you leave, but I'm afraid that there may be no relief for your wife. I'm so sorry.

http://www.justice.gov/eoir//vll/ben..._language.html

http://www.uchastings.edu/faculty-ad...ocs/INA208.pdf

[Need_help]

Thank you cupcake !!

Her lawyer said that he will send the Judge a motion to reconsider , does that usually work ??? I dont think so because she is the one that ordered the removal .
Why does this happen though , it is not fair . Even criminals can be pardoned or released from prison , I dont think is fair to do this to somebody permanently especially when they have kids and husbands involved . Would a letter to the president help ???

[cupcake]

I was going to say... an MTR may be an option, but for frivolous asylum claims, at least according to this link below, an MTR may not be filed:

(4) Exceptions to filing deadlines .


(i) Asylum and withholding of removal . The time and numerical limitations set forth in paragraph (b)(1) of this section shall not apply if the basis of the motion is to apply for asylum under section 208 of the Act or withholding of removal under section 241(b)(3) of the Act or withholding of removal under the Convention Against Torture, and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and could not have been discovered or presented at the previous proceeding. The filing of a motion to reopen under this section shall not automatically stay the removal of the alien. However, the alien may request a stay and, if granted by the Immigrat ion Judge, the alien shall not be removed pending disposition of the motion by the Immigration Judge. If the original asylum application was denied based upon a finding that it was frivolous, then the alien is ineligible to file either a motion to reopen or reconsider, or for a stay of removal. (Revised effective 3/22/99; 64 FR 8478 )

http://www.uscis.gov/ilink/docView/S...0-0-33879.html


I'm not sure if there are other circumstances you could file an MTR or even an appeal (although I think the MTR would have to be filed first and then appeal if denied? I'm not sure. I could definitely use some more education in that area.)


What was the official reason that your wife's case was ruled frivilous and what country is she from if you don't mind me asking.

[Coventrated]

What was the official reason that your wife's case was ruled frivilous and what country is she from if you don't mind me asking.

I was wondering the same.

And why you chose a weak asylum case as opposed to the family route.

[momof1]

Conventrated, because his wife very likely filed for asylum before they were married.

Needhelp, did your wife appeal the original asylum denial to the BIA? My husband had a credibility issue(according to the judge) which we tried to overturn at the BIA and the 8th circuit. Our main reason for going to the circuit courts was to get this finding reversed so it looked better for him when filing his waiver. The only way I can think of getting the frivolous finding, which is extremely difficult, is to appeal to the BIA and then to the circuit courts. I'm still not sure if that's even possible. If you cannot get that reversed, then I'm sorry to say that your wife cannot come back to the US...not even for a visit. As hard as it is for me to say, I would advise that you make plans to live elsewhere if you want your family together. It doesn't have to be in her country of origin, but it does have to be outside of the US. Good luck to you!

[Need_help]

Both me and my wife were asylants , we met in us , she was already in process and me too , we were not married at the time . her case was longer then mine , I won my case the judge granted my case , we got married after . Meanwhile we had a kid together but my wife was still on process . Then some of her documents were sent in Albania for verification and they found a signature on one of them was not right so because of that the judge beleived her case to be frivolous and put a permanent bar . After loosing the case her attorney went for appeal and still they agreed with the judge . Then we changed Attorneys , the new attorney sent our case to second circuit courts and we never heard anything from them , he kept lying to us and then at the end he told us they wont open the case . We did not even know how bad a frivolous case was until one year ago because he kept telling us that when you get the passport then we will do smth ect ect . Anyway this case has been going for 11 years . We havent heard anything from second circuit coart , only what our attorney told us

[Need_help]

I am wondering if the 2nd circuit is the same as 8th circuit ??? I am consulting with a lawyer one last time then I am done . I will have to go back to my country and live in danger for my whole family's life . I am in a big dilemma

[momof1]

Do not go back to Albania if you feel unsafe. Please go to a third country if you can. Do you have any marketable skills that would allow you to get a job in Canada? Please explore all of your options.

[Need_help]

I dont have anything , all our life is here , I am afraid for my kids life also , I was an asylant myself even though I changed status . Me and my kids are citizens , what if smth happens to us . I have nooo idea whatsoever what we as a family are going to do . I dont think staying here without my wife would be an option . I have heard people writting to the president , I dont think that works either does it ???