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Thread: Deported in Abstentia still in USA

  1. #81
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    Quote Originally Posted by mixedstatus View Post
    To update (bc I was approached on the 601 in another forum, received an update, & figured I any as well update since we were one of the first filers and deniers):

    Our son was born. He is awesome and healthy.
    We are in the US.
    Have had no encounter with immigration.
    NM DL for hubs.
    Case couldn't continue due to all the details. The risk of reopening and final removal was to high. The only "safe" way to get before a judge as this point is detainment and I hope that never happens.
    We have continued our lives as normally as possible.
    Glad to hear baby boy is well. Really, nothing has changed with your husband's status compared with pre-601A filing and denial, so that's good news.
    April 2008 - Husband EWI from Guatemala
    Feb. 2012 - Married
    April 2012 - Sent I-130
    Oct. 2012 - I-130 approved!
    Nov. 2012 - Paid NVC fees
    Dec. 2012 - Sent NVC paperwork
    March 2013 - Applied for 601A
    April 2013 - NVC accidentally scheduled consular appointment
    May 2013 - 601A approved! (1 of first dozen approved!)
    June 2013 - Consulate re-scheduled appointment
    July 2013 - Visa appointment (2nd couple in Guatemala!), same day approval, visa pickup the following day, POE in Houston, TX
    Sept. 2013 - Green card & SSN arrived
    Aug. 2015 - Sent I-751 ROC
    May 2016 - Naturalization

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    mixedstatus (09-14-2016)

  3. #82
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    Quote Originally Posted by mixedstatus View Post
    To update (bc I was approached on the 601 in another forum, received an update, & figured I any as well update since we were one of the first filers and deniers):

    Our son was born. He is awesome and healthy.
    We are in the US.
    Have had no encounter with immigration.
    NM DL for hubs.
    Case couldn't continue due to all the details. The risk of reopening and final removal was to high. The only "safe" way to get before a judge as this point is detainment and I hope that never happens.
    We have continued our lives as normally as possible.
    perhaps one day things will change. Congrats on the baby!

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    mixedstatus (09-14-2016)

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    Deported in Abstentia still in USA

    Good to hear from you. That's lovely to hear about your son! Congrats! You seem optimistically resigned in the face of your complicated history and I want you to know I think of you from time to time and feel hopeful and respectful of your struggle. The new normal is the old normal but you are wiser and motherier and that makes all the difference in the world.
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    mixedstatus (09-14-2016)

  7. #84
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    3+ yrs has passed since this happen. Argh! I'm posting a small update for anyone who may come across this and find it useful info.

    We moved one year ago to another state. We found out about an Atty here who has helped people in our situation. He is apparently very experienced with this type of case. My DH went to a consult today and was given two main options: to reopen to deportation case to then have it closed and/or apply for late tps and then file an appeal when is denied (most likely will be). Both would put him before a judge where the atty would file to adjust status.

    The atty is going through all our FOIA stuff he gave him today and is supposed to get back to him in a week with any other options.

    - - - Updated - - -

    Quote Originally Posted by L39398 View Post
    Hi Mixedstatus..we are in the same situation. We found out also that my husband had a final order of deportation from 13 years ago. He never received the notice due to not having a permanent address at the time. We hired an experienced attorney who deal with these cases on a regular basis. We filed a motion to reopen and it was granted by the judge. Now we just submitted a motion to terminate so we can start the provisional waiver process. Don't lose hope the case can be reopened and terminated with the judge's discretion. According to our attorney by having the I130 approved and my husband not having a criminal record this case can be closed.
    Has this been resolved yet?
    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.

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    good luck! Thanks for the update

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    Considering the recent executive action signed yesterday and the broad scope of the wording, I am very STRESSED. Nothing has changed for us. Everything I am reading online about the broad scope of the executive order, qualifies my husband (and many others) to be removed. I am so nervous and having a HARD time getting any peace right now. My son is now almost 3 years old. Instead of having hope, DJT has just brought in more and more insecurity on a day by day basis, from the wall, to the country ban, and now doing away with prosecutorial discretion and bringing back secure communities. Does anyone know if Canada might accept him as a refugee, since he's from Honduras...He's now been here for 23 years, over half of his life.
    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. #87
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    I think Canada operates through the UNHCR, what would be the basis of such a claim?
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    Quote Originally Posted by mixedstatus View Post
    Considering the recent executive action signed yesterday and the broad scope of the wording, I am very STRESSED. Nothing has changed for us. Everything I am reading online about the broad scope of the executive order, qualifies my husband (and many others) to be removed. I am so nervous and having a HARD time getting any peace right now. My son is now almost 3 years old. Instead of having hope, DJT has just brought in more and more insecurity on a day by day basis, from the wall, to the country ban, and now doing away with prosecutorial discretion and bringing back secure communities. Does anyone know if Canada might accept him as a refugee, since he's from Honduras...He's now been here for 23 years, over half of his life.
    Canada won't accept him as a refugee. First reason is the Safe Third Country Agreement. Secondly, he won't have a basis for a claim if he's been living in he US for 23 years. It's unfortunately a non-starter.

    Have you looked into Canada's economic immigration programs (e.g. Express Entry/Federal Skilled Worker, Provincial Nominee Programs)? If you qualify to immigrate through one of these programs then you can include your husband as a dependent (along with your child) and immigrate together. The fact he's in the US illegally won't stop him from immigrating with you. The key is whether you qualify. Info here: http://www.cic.gc.ca/english/immigrate/apply.asp

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  13. #89
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    mixedstatus - my husband and I are in a similar situation, minus the asylum part. We have an approved I130, and our next steps are motion to reopen, then I601A. What is holding you back from filling the Motion to Reopen? Is it the fear of being actually deported?

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