Page 1 of 9 1236 ... LastLast
Results 1 to 10 of 89

Thread: Deported in Abstentia still in USA

  1. #1
    Senior Member
    Points: 4,199, Level: 27
    Level completed: 33%, Points required for next Level: 201
    Overall activity: 0%
    Achievements:
    New Achievement!Three Friends1000 Experience PointsVeteran

    Join Date
    Mar 2013
    Location
    SoFlo
    Posts
    505
    Points
    4,199
    Level
    27
    Thanks
    425
    Thanked 359 Times in 183 Posts
    Time Online
    5 Days 23 Hrs 51 Mins 55 Secs
    Avg. Time Online
    5 Mins 11 Secs
    My Mood
    Chatty
    Country: United States

    Deported in Abstentia still in USA

    We just found out my husband is subject to a final order of deportation in abstentia. I have done some research and realize we can file a motion to reopen if we can prove that he didn't receive the notice. He says he didn't receive it. I have emailed an attorney for a consult and will be contacting two more.

    I am wondering if anyone has been through this so that I know what to expect. We received the notice as part of the denial of our 601a. I know they say they will use prosecutorial discretion in reporting cases to ICE, but I want to be prepared ahead of time.

    Is there anyone our there who has even fought this charge from within the United States? If so, please share your experience.

    It's been 17 years since the order was issued...

    Thank you!
    Last edited by mixedstatus; 06-16-2013 at 04:57 AM.
    Our Timeline for 601A
    Romans 8:28 "And we know that all things work together for good to those who are the called according to His purpose."

    Proverbs 3:5-6 "Trust in the LORD with all your heart, and lean not on your own understanding; in all your ways acknowledge Him, and He shall direct your paths."

    Joshua 1:9 "Have I not commanded you? Be strong and of good courage; do not be afraid, nor be dismayed, for the LORD your God is with you wherever you go."

    G92.org Become the stranger campaign. Pray for immigration reform.

  2. #2
    Valedictorian
    Points: 9,221, Level: 41
    Level completed: 38%, Points required for next Level: 279
    Overall activity: 99.0%
    Achievements:
    New Achievement!Your first Group1000 Experience PointsOverdrive5000 Experience PointsVeteran

    Join Date
    Jul 2012
    Posts
    1,995
    Points
    9,221
    Level
    41
    Thanks
    105
    Thanked 650 Times in 524 Posts
    Time Online
    1 Mth 3 Days 15 Hrs 53 Mins 41 Secs
    Avg. Time Online
    25 Mins 27 Secs
    My Mood
    Apprehensive
    Country: United States
    U should consult a good waiver atty to consult...there's some on this site
    U can also pose this question for Wed in the laurel's chat (atty) thread on
    this board.

  3. #3
    Senior Member
    Points: 4,199, Level: 27
    Level completed: 33%, Points required for next Level: 201
    Overall activity: 0%
    Achievements:
    New Achievement!Three Friends1000 Experience PointsVeteran

    Join Date
    Mar 2013
    Location
    SoFlo
    Posts
    505
    Points
    4,199
    Level
    27
    Thanks
    425
    Thanked 359 Times in 183 Posts
    Time Online
    5 Days 23 Hrs 51 Mins 55 Secs
    Avg. Time Online
    5 Mins 11 Secs
    My Mood
    Chatty
    Country: United States
    Quote Originally Posted by jiqqa View Post
    U should consult a good waiver atty to consult...there's some on this site
    U can also pose this question for Wed in the laurel's chat (atty) thread on
    this board.
    Yes I will do that. I just want to know what to expect from anyone who has done this before.
    Our Timeline for 601A
    Romans 8:28 "And we know that all things work together for good to those who are the called according to His purpose."

    Proverbs 3:5-6 "Trust in the LORD with all your heart, and lean not on your own understanding; in all your ways acknowledge Him, and He shall direct your paths."

    Joshua 1:9 "Have I not commanded you? Be strong and of good courage; do not be afraid, nor be dismayed, for the LORD your God is with you wherever you go."

    G92.org Become the stranger campaign. Pray for immigration reform.

  4. #4
    Junior Member
    Points: 5,572, Level: 31
    Level completed: 78%, Points required for next Level: 78
    Overall activity: 0%
    Achievements:
    1000 Experience PointsNew Achievement!Veteran5000 Experience Points
    sauda's Avatar
    Join Date
    Nov 2008
    Posts
    208
    Points
    5,572
    Level
    31
    Thanks
    78
    Thanked 105 Times in 87 Posts
    Time Online
    6 Days 16 Hrs 47 Mins 46 Secs
    Avg. Time Online
    3 Mins 36 Secs
    My Mood
    Happy
    What is the date of the order and what immigration case was he pursuing to be asked to appear in front of the judge. This info will help answer the question due to the change in laws in 1996-1997.
    1st June, 2013 - Mailed i129f
    12th June, 2013 - NOA1 Mail Copy Received
    17th October, 2013 - NOA2 Email Notification
    27th January, 2014 - Visa Interview - Refused Visa eligible for waivers I601 and I212
    18th February, 2014 - Mailed waiver packages for I601 and I212
    20th February, 2014 - Waiver Packed received by USCIS through UPS Tracking
    25th February, 2014 - Email receipt for Lockbox Delivery of waivers from USCIS
    3rd July, 2014 - Address change email Notification
    9th July, 2014 - I601 and I212 Approved
    24th Sept, 2014 - Visa Received
    2nd Nov, 2014 - Entered USA at Newark
    7th Nov, 2014 - AOS Package sent

  5. #5
    Senior Member
    Points: 4,199, Level: 27
    Level completed: 33%, Points required for next Level: 201
    Overall activity: 0%
    Achievements:
    New Achievement!Three Friends1000 Experience PointsVeteran

    Join Date
    Mar 2013
    Location
    SoFlo
    Posts
    505
    Points
    4,199
    Level
    27
    Thanks
    425
    Thanked 359 Times in 183 Posts
    Time Online
    5 Days 23 Hrs 51 Mins 55 Secs
    Avg. Time Online
    5 Mins 11 Secs
    My Mood
    Chatty
    Country: United States
    Quote Originally Posted by sauda View Post
    What is the date of the order and what immigration case was he pursuing to be asked to appear in front of the judge. This info will help answer the question due to the change in laws in 1996-1997.
    We filed 601a in March and got denied. We were clueless as to why, until this letter came yesterday. The date of the final order was Aug 1996. I believe it was the 26th or something like that.
    Our Timeline for 601A
    Romans 8:28 "And we know that all things work together for good to those who are the called according to His purpose."

    Proverbs 3:5-6 "Trust in the LORD with all your heart, and lean not on your own understanding; in all your ways acknowledge Him, and He shall direct your paths."

    Joshua 1:9 "Have I not commanded you? Be strong and of good courage; do not be afraid, nor be dismayed, for the LORD your God is with you wherever you go."

    G92.org Become the stranger campaign. Pray for immigration reform.

  6. #6
    Salutatorian
    Points: 8,302, Level: 39
    Level completed: 13%, Points required for next Level: 348
    Overall activity: 46.0%
    Achievements:
    New Achievement!1000 Experience PointsTagger First Class5000 Experience PointsVeteran
    MannysWife's Avatar
    Join Date
    Feb 2011
    Posts
    1,240
    Points
    8,302
    Level
    39
    Thanks
    694
    Thanked 509 Times in 301 Posts
    Time Online
    2 Wks 3 Days 14 Hrs 6 Mins 14 Secs
    Avg. Time Online
    10 Mins 29 Secs
    My Mood
    Stressed
    Country: Guatemala
    Does he know why he was ordered deported? All I ever read about in your case was the two criminal traffic violations, but I thought that was after 2000. Something must have happened that he had a court date.....
    EWI 2002...Married 8/2010...Filed i130 and i485 11/2010...i130 NOA1 1/2011...i485 withdrawal accepted 3/2011...ITIN# assigned 3/2011...i130 approved at interview 6/2011...i130 reaches NVC 11/2011...NVC case closed 12/2011...Waiting for new procedures this year!..."New" i130 NOA1 7/2012...i130 approved 4/2013...i130 reaches NVC 4/2013...i601a mailed 5/2013...Biometrics 6/2013...APPROVED 8/26/13...Visa Interview 3/19/14...APPROVED...Visa PickUp 3/20/14...HOME! 3/21/14


  7. #7
    Salutatorian
    Points: 8,302, Level: 39
    Level completed: 13%, Points required for next Level: 348
    Overall activity: 46.0%
    Achievements:
    New Achievement!1000 Experience PointsTagger First Class5000 Experience PointsVeteran
    MannysWife's Avatar
    Join Date
    Feb 2011
    Posts
    1,240
    Points
    8,302
    Level
    39
    Thanks
    694
    Thanked 509 Times in 301 Posts
    Time Online
    2 Wks 3 Days 14 Hrs 6 Mins 14 Secs
    Avg. Time Online
    10 Mins 29 Secs
    My Mood
    Stressed
    Country: Guatemala
    Oh wait!.....Does it have to do with the TPS denial?
    EWI 2002...Married 8/2010...Filed i130 and i485 11/2010...i130 NOA1 1/2011...i485 withdrawal accepted 3/2011...ITIN# assigned 3/2011...i130 approved at interview 6/2011...i130 reaches NVC 11/2011...NVC case closed 12/2011...Waiting for new procedures this year!..."New" i130 NOA1 7/2012...i130 approved 4/2013...i130 reaches NVC 4/2013...i601a mailed 5/2013...Biometrics 6/2013...APPROVED 8/26/13...Visa Interview 3/19/14...APPROVED...Visa PickUp 3/20/14...HOME! 3/21/14


  8. #8
    Senior Member
    Points: 4,199, Level: 27
    Level completed: 33%, Points required for next Level: 201
    Overall activity: 0%
    Achievements:
    New Achievement!Three Friends1000 Experience PointsVeteran

    Join Date
    Mar 2013
    Location
    SoFlo
    Posts
    505
    Points
    4,199
    Level
    27
    Thanks
    425
    Thanked 359 Times in 183 Posts
    Time Online
    5 Days 23 Hrs 51 Mins 55 Secs
    Avg. Time Online
    5 Mins 11 Secs
    My Mood
    Chatty
    Country: United States

    Deportation Pre 1997

    What if a person was ordered deported in absentia before 1997, but didn't know, so they never left? 17 years later and they are still here, just finding out about this order? There is only 1 EWI from 1994.

    Do any of the bans apply?
    Our Timeline for 601A
    Romans 8:28 "And we know that all things work together for good to those who are the called according to His purpose."

    Proverbs 3:5-6 "Trust in the LORD with all your heart, and lean not on your own understanding; in all your ways acknowledge Him, and He shall direct your paths."

    Joshua 1:9 "Have I not commanded you? Be strong and of good courage; do not be afraid, nor be dismayed, for the LORD your God is with you wherever you go."

    G92.org Become the stranger campaign. Pray for immigration reform.

  9. #9
    Senior Member
    Points: 4,199, Level: 27
    Level completed: 33%, Points required for next Level: 201
    Overall activity: 0%
    Achievements:
    New Achievement!Three Friends1000 Experience PointsVeteran

    Join Date
    Mar 2013
    Location
    SoFlo
    Posts
    505
    Points
    4,199
    Level
    27
    Thanks
    425
    Thanked 359 Times in 183 Posts
    Time Online
    5 Days 23 Hrs 51 Mins 55 Secs
    Avg. Time Online
    5 Mins 11 Secs
    My Mood
    Chatty
    Country: United States
    Quote Originally Posted by MannysWife View Post
    Does he know why he was ordered deported? All I ever read about in your case was the two criminal traffic violations, but I thought that was after 2000. Something must have happened that he had a court date.....
    We do not know what it is related to. It is from 1996. The TPS denials were in 1999, 2010, 2012. He had TPS approved in 2008 and received a work permit (presumably the dep order was still in place at that time....i have no idea WHY we are just finding out about it or why they would approve TPS and a work permit with an order in place?).
    Our Timeline for 601A
    Romans 8:28 "And we know that all things work together for good to those who are the called according to His purpose."

    Proverbs 3:5-6 "Trust in the LORD with all your heart, and lean not on your own understanding; in all your ways acknowledge Him, and He shall direct your paths."

    Joshua 1:9 "Have I not commanded you? Be strong and of good courage; do not be afraid, nor be dismayed, for the LORD your God is with you wherever you go."

    G92.org Become the stranger campaign. Pray for immigration reform.

  10. #10
    Salutatorian
    Points: 8,302, Level: 39
    Level completed: 13%, Points required for next Level: 348
    Overall activity: 46.0%
    Achievements:
    New Achievement!1000 Experience PointsTagger First Class5000 Experience PointsVeteran
    MannysWife's Avatar
    Join Date
    Feb 2011
    Posts
    1,240
    Points
    8,302
    Level
    39
    Thanks
    694
    Thanked 509 Times in 301 Posts
    Time Online
    2 Wks 3 Days 14 Hrs 6 Mins 14 Secs
    Avg. Time Online
    10 Mins 29 Secs
    My Mood
    Stressed
    Country: Guatemala
    I'm sorry,. I finally read the other posts in the PW section. Cupcake is right about the dates....that order was before 1997. I believe some others had to fight that. I hope they chime in.
    EWI 2002...Married 8/2010...Filed i130 and i485 11/2010...i130 NOA1 1/2011...i485 withdrawal accepted 3/2011...ITIN# assigned 3/2011...i130 approved at interview 6/2011...i130 reaches NVC 11/2011...NVC case closed 12/2011...Waiting for new procedures this year!..."New" i130 NOA1 7/2012...i130 approved 4/2013...i130 reaches NVC 4/2013...i601a mailed 5/2013...Biometrics 6/2013...APPROVED 8/26/13...Visa Interview 3/19/14...APPROVED...Visa PickUp 3/20/14...HOME! 3/21/14


  11. The Following User Says Thank You to MannysWife For This Useful Post:

    mixedstatus (06-16-2013)

Page 1 of 9 1236 ... LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •