http://www.expertlaw.com/forums/ Immigration issues not addressed under other topics, including asylum, criminal justice issues, unlawful presence, overstay, and unlawful entry. en Sun, 19 May 2013 11:36:49 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158531&goto=newpost Fri, 17 May 2013 01:00:59 GMT Good evening everyone, and thank you for allowing me to be here. I'll get right to the point as to why I am here, and I will try to give the Reader's Digest version with as much detail as possible in order to gain some insight into my current situation. I am currently engaged to a man who was deported in 2009 for an aggravated felony to Mexico. We have one minor son, aged 2. I took on the relationship, thinking at the time I could handle this, and if need be, I'd move to Mexico, and we'd just reside there. I did try that, and as I type this thread, I am back in my home state seeking a way to help him come back to the U.S.


Now, at the time of his conviction, he was a green card holder for more than 20 years. His mother and father both are U.S. citizens, however, they did not become naturalized until he was over the age of 18. He has two siblings who are also U.S. citizens. He, being the oldest was brought over from Mexico at the age of 2 weeks old. He obtained his education, and diploma in the U.S. and prior to his conviction, had no prior criminal history. His crime was not a violent one, it was for robbery of an armored truck, a company he was working for at the time. He did take over $10,000, making the crime an aggravated felony, was sentenced to 18 months in prison, and was released after 10 months served. He has a total of three minor children in the U.S. who are citizens, one belonging to us. While I am at it, I might add that his ex-wife is also a U.S. citizen, who filed for divorce while he was imprisoned. I met him after his deportation.


During his trial, he took a plea bargain, and was not notified by his counsel that deportation would be inevitable, or even a possibility for that matter. After which, he served his 10 months, and was ultimately deported shortly thereafter. Currently, he's in Mexico, and his English is elementary, preventing him from finding any employment. As soon as he goes for an interview, the employer recognizes that he is not from here, just by the way he speaks.

He has not seen our son in a year, and its been over 4 years since he's seen his other two children, which were taken from him legally by his ex wife while he was in prison as well. His parents have since moved to Mexico to take care of him, since he cannot find employment and was basically living well below poverty in Mexico, which says a lot.

I have a couple of reasons that I cannot reside in Mexico. One being that my oldest son belongs to another man, and he will not agree to us moving there to stay together. He'd only agree, if I left my son with him in Ohio, and that just cannot happen for obvious reasons.

So what we're left with is, we're both stationary in our locations for multiple reasons. My question is, is there anything at all that we can do? Non-immigrant visa? Waiver of Inadmissibility? Please..any information you can provide me with will be appreciated. ]]> Immigration Issues Teaka33 http://www.expertlaw.com/forums/showthread.php?t=158531 http://www.expertlaw.com/forums/showthread.php?t=158465&goto=newpost Wed, 15 May 2013 16:12:04 GMT About a month ago, I was pulled over and got arrested for an AUO (aggravated unlicensed operation) 3rd because my license was already suspended for... About a month ago, I was pulled over and got arrested for an AUO (aggravated unlicensed operation) 3rd because my license was already suspended for not paying the previous speeding ticket, which I wasn't aware of at that time. The AUO 3rd wasn't convicted and was reduced to a non-criminal violation. I'm holding an F-1 visa and I'm going back to my country this month, since I'm only staying for a week so I decide not to renew my visa and come back about 10 days before the visa expires. But I'm really concerned that I might be denied entry to the united states when I come back. Could someone give me some advice on this? How worried should I be? and is there a large chance that I will be denied?

Thanks!!! ]]> Immigration Issues qnan123 http://www.expertlaw.com/forums/showthread.php?t=158465 http://www.expertlaw.com/forums/showthread.php?t=158441&goto=newpost Wed, 15 May 2013 03:40:52 GMT My question involves juvenile law in the State of: Nevada MY boyfriend's mom is illegal He is worried that she will get taken away . If that happens can he be emancipated instead of being taken to adoption? He's about to be 17 in like 3 months. he was born here in the united states! he cant get a job or license because you need a parent consent and she is too afraid of getting caught to sign or whatever you need to do to get those things. She is learning to speak English so she can get a job. She cant read it. She takes my boyfriend to a illegal doctors and dentist in fear of getting caught. When my boyfriend came back from the dentist the next morning his mouth was bleeding and his nose. He was so weak and this bones felt so weird. He is getting better but not really. People think he is stupid because he doesn't know a lot of things. For example he never been to any amusement parks or nothing like that. He was weirded out by cool aid. He never had rootbeer floats. I actually took him to an ice festival he acted like it was so weird to go to places. I am worried not just cause he's my boyfriend but because he is being treated badly and not informed enough about the world. He cant work a computer that much. Only what he learned in school. which wasn't much :chargrined: ]]> Immigration Issues TaraTanee http://www.expertlaw.com/forums/showthread.php?t=158441 http://www.expertlaw.com/forums/showthread.php?t=158225&goto=newpost Thu, 09 May 2013 17:53:32 GMT Gents:
12 years ago i was involved in a case of drugs trafficking to Spain, since in the country i live is "shoot first, ask questions later" i was detained and put under arrest for investigations.I even was the one who contacted the cops due to this issue back then (goods i sold were found contaminated at the port of arrival), helped the cops and so on. Anyway i was arrested and faced trial, were i was found innocent (which i was), and after all that i decided to close shop and move to another thing since the experience was bad enough for me not to EVER keep on that business (legit business) So i got married 2 years after that and moved on with my life, never had a reason to apply for a visa to the US until now, that we wanted to take our 2 kids to Magic Kingdom,we applied and they were granted the Visa, but mine was denied under 212(a)2(C), which i know is a permanent situation. Now, i was innocent, a Jury found me innocent, i thought my name was cleaned, but now i find this.I even gave the consulate officer the copies of the final sentence, WITH the proofs that demonstrate i had nothing to do with this.So, my question is, is it worth to try to get an immigration attorney into this, or no matter what i do, i´m banned for life from the US?
Thanks for your time ]]> Immigration Issues Prowler http://www.expertlaw.com/forums/showthread.php?t=158225 http://www.expertlaw.com/forums/showthread.php?t=158178&goto=newpost Wed, 08 May 2013 14:04:56 GMT 2 questions...my boyfriend is here on a visa from Australia what forms does he need to stay here and work And..do you know or who do i contact to... 2 questions...my boyfriend is here on a visa from Australia what forms does he need to stay here and work And..do you know or who do i contact to find out what forms I need to go with him to Australia. Would it make the whole process easier for both of us if we were already married? Do you know what the filing fees are for the forms? Thanks, LynnD ]]> Immigration Issues lyndelu http://www.expertlaw.com/forums/showthread.php?t=158178 http://www.expertlaw.com/forums/showthread.php?t=157862&goto=newpost Mon, 29 Apr 2013 19:19:13 GMT Hi,I am so hopeless and scared right now, please help me.

I got a municipal citation for retail theft at walgreens. I am in wisconsin!
I didn't go to the police station or got finger-printed or photo-taken. So,I guess I was not arrested.
the police came to the store and gave me the pink municipal citation, and i paid the $429 fine.

I am an international student from china with f-1 visa.
I need to reapply my f-1 visa when I go back to china this summer 2013.
on the application form, there is a question "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar situation?"

My concern is, should I say yes or no to this question. some lawyer says the municipal citation is not a criminal citation, it's the same level as a parking ticket.


Thank you!!! ]]> Immigration Issues hope less http://www.expertlaw.com/forums/showthread.php?t=157862 http://www.expertlaw.com/forums/showthread.php?t=157796&goto=newpost Sat, 27 Apr 2013 17:10:09 GMT Hi everyone,*

Hope everyone is doing well.( because I'm not). I am going through some problem and I really hope someone can help me with this as this is driving me crazy.
When I was 16 years old, I went through some awful situation that prompt my departure from my home country. My parent immediately sent me to the U.S. to then immediately cross the border to Canada(smuggled) and file a refugee claim. Unfortunately, I didn't have proper documentation to enter Canada. Since I was smuggled to Canada I didn't surrender my I-94. Now the U.S. thinks I ovestayed (I crossed the border 2 days after arriving the U.S. so I was never in the U.S. illegaly). I prayed so much that my refugee claim would get approved but it didn't. At the time that my refugee claim in Canada was rejected I was 18 years old. I was still uncertain whether I still faced danger in my home country or not. I decided that I was going back because I knew I was going to become an illegal person in Canada if I denied to go back. I didn't want to become an illegal person. So I went back to my home country. When I was back I would not get out of my house for my safety( was still uncertain about my safety). 10 months passed and I realized I had nothing to be scared about anymore and I somehow had to overcome my fears one day. *To this day, I am currently planning on attending university. I've heard that U.S. colleges/universities are among the best and I would really want to pursue a degree from an American university. So here is my issue, the U.S. thinks I overstayed. I hired a U.S. lawyer to correct my departure record. He sent my I-94 along with the proofs that prove my departure from the U.S. My lawyer said that everything should be fine and that I shouldn't have problem entering the U.S. again. What I'm scared of is WHAT questions is the border officer gonna ask regarding " why I failed to turn in my I-94" If I tell them I crossed the border to file a refugee claim then they are going to jump into conclusion that I want to file a claim in the U.S or that I'm afraid of my home country or just bad stuffs. Then they are going to deny me entry at the port of entry.I don't know how to respond if at the port of entry they start questioning me! Please someone , if you could give advice on this It would be very much appreciated. I'm so scared. I love my home country and I'm glad things have gone back to normal. I DO NOT plan anything unlawful in the U.S. *I just want to pursue a degree. I want to have a good education. I'm scared the things from the past are going to come back and somehow mess things up.*
* ]]> Immigration Issues blair9194 http://www.expertlaw.com/forums/showthread.php?t=157796 http://www.expertlaw.com/forums/showthread.php?t=157709&goto=newpost Thu, 25 Apr 2013 02:14:29 GMT Hello, My husband and I are both immigrants, however, I am the only one who is a citizen since I moved here before I met him. He has been here for... Hello,

My husband and I are both immigrants, however, I am the only one who is a citizen since I moved here before I met him. He has been here for almost 3 years, but his visa just expired a couple of months ago. We got married over a month ago, and are hopefully expecting a baby soon :) . Is it at all possible for him to apply for a visa without being sent back to his own country ?

Thank you for your help :) ]]> Immigration Issues lulumouahbi http://www.expertlaw.com/forums/showthread.php?t=157709 http://www.expertlaw.com/forums/showthread.php?t=157664&goto=newpost Wed, 24 Apr 2013 01:26:55 GMT I am acquainted with a couple who entered the U.S. legally from an eastern European country but who have now overstayed by more than ten years. They... I am acquainted with a couple who entered the U.S. legally from an eastern European country but who have now overstayed by more than ten years. They have two children who were born here. They have found an attorney who is charging them a considerable amount of money to pursue filing for legal status. I was not aware that this was possible for people in their situation. I am a little concerned that they are being taken for a ride, but I don't know that. So I thought I'd ask here if anyone is aware of any program that would allow for a couple in their situation to apply for and receive permanent residency? Thanks. ]]> Immigration Issues Bubba Jimmy http://www.expertlaw.com/forums/showthread.php?t=157664 http://www.expertlaw.com/forums/showthread.php?t=157525&goto=newpost Sat, 20 Apr 2013 16:31:22 GMT Hi there, My partner is currently working in the States on a H1B visa and his employer has started the application for a Green Card. He had a... Hi there,
My partner is currently working in the States on a H1B visa and his employer has started the application for a Green Card. He had a criminal record, that was expunged 3 years ago. It was a petty theft offense, 10-12 years ago. It was an isolated incident and since then he's been an upstanding, responsible citizen. During the background check that will be done, will the expunged record still show up. Does he need to admit to this on his application? If he does, will this negatively influence his application for green card? What is the best way forward in your opinion? Any advice would be greatly appreciated. Thanks! ]]> Immigration Issues lena83 http://www.expertlaw.com/forums/showthread.php?t=157525