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Thread: Husband wants to sign for deportation

  1. #1
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    Unhappy Husband wants to sign for deportation

    So we have court Wednesday. Heres my timeline since I'm new to this site and not sure how to post the timeline in my profile.

    2005- Husband and I met in H.S
    2007- Had our first daughter
    2008- Had our 2nd, got married. Husband arrested and taken into custody for resisting arrest/bailed him out on bond
    2008- hired an attorney- filed I-130 and was approved
    2009 -
    July 2009 Immigration hearing and husband signed for voluntary departure (180 days left in the US)
    Nov. 2009 - took him to mexico
    2009-2010 lived in mexico with husband and 2 kids. found out I was preggo and moved back to US
    2011 Husband crossed over back into the US since he lived here all his life since he was 6 months old. Was also almost beat to death by a gang of men twice.
    2017- picked up by ICE on his way to work
    Incacerated in Cleburne TX going on 3 months now.

    I am struggling financially and emotionally as well as my children. Gave up a home we were renting and moved in with my in laws since I couldn't afford everything on my own anymore.

    Hes lost about 40lbs since being incarcerated. He doesn't tell me what goes on in the jail. He looks very different. very thin. Hes ready to sign.

    we have court 8/17/17 and we either appeal the denial of adj. of status (if judge approves) and wait another 3-6 months or he goes ahead and signs.

    He said he no longer wants to wait anymore, he wants to be free no matter where he's at. I want him to wait just a bit more if the appeal is approved and move forward with appealing with the board of Immigration but its too long of a wait for him, for us.

    I waste about $100 a month of phone calls. Send him $40 every two weeks for his books. Wake up every Sunday at 6am to get to the jail to visit him for an hour. Its so tiring. I love him very much though so I will continue to do it.

    Has anyone gone through a similar situation????

    Should he wait it out 3-6 months and hear the decision of the Board of Immigration or go ahead and sign????

  2. #2
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    Assuming he was unlawfully present for at least 1 year the first time he was here, his subsequent illegal entry triggers a lifetime 9C ban, which no way to overcome it until he has been outside the US for 10 years. He is not eligible for Adjustment of Status. Not sure why you guys applied for Adjustment of Status or why you guys are appealing anything, but this is a matter of law and not something that any officer can decide to do differently, even if they are the most sympathetic to your case in the world.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

  3. #3
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    Quote Originally Posted by newacct View Post
    Assuming he was unlawfully present for at least 1 year the first time he was here, his subsequent illegal entry triggers a lifetime 9C ban, which no way to overcome it until he has been outside the US for 10 years. He is not eligible for Adjustment of Status. Not sure why you guys applied for Adjustment of Status or why you guys are appealing anything, but this is a matter of law and not something that any officer can decide to do differently, even if they are the most sympathetic to your case in the world.
    & this is true. I know this. But the my lawyer told us differently. We hired this "good lawyer" heard many good reviews on his previous cases. So we took a chance with him, and because our previous lawyer we had back in 2008 (when my husband signed Voluntary departure) did not do a good job with our case and gave up on us at the last minute, our current lawyer wanted to open the case and file a motion and reopen the case since there were a lot of errors done by our previous lawyer. If we had went through with our case in 2008 and fought and did what we had to do, my husband would still be here till this day. We thought because of the errors our previous lawyer made we had a chance this time around.
    & since "lawyers know best" and I don't have much knowledge with the immigration system he said we could file adjustment of status and it sounded all so good and hopeful.

    But I see what your saying.

  4. #4
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    BIA almost always agree with IJ but if you believe the atty that he can pull it off its
    worth the wait, By your husband wanting out & your discrition of his weight loss
    think twice before asking him to endure more & spending funds you dont have for
    him to still leave in a couple months. He cannoy adjust here Think about saving for
    border living as plan B

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