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  1. #1
    Join Date
    Jun 2007
    Posts
    3

    Default Deportation Removal

    My husband has been in the US for 17 years.But he was deported yesterday.He filed for assylum 14 years ago.The assylum was filed by a lawyer who was found fraudulent and he was jailed.All the cases the lawyer filed were all denied.Two years later which is about 12 years now we got marriedd.When I tried to apply for adjustment of status for him they opened the other case.They also refused to adjust his status.I also filed for my husband's children from previous relationship and they were granted the green card and came over to the US,but for my husband he was refused the green card.
    We went from one court to the other and they still wont still change his status.In October 2005 a final order of deportation was made against him to leave the country.The lawyer did not reopen the case.The judge told us on the last court date that he sees no reason why we cannot adjust our status but he does not have the power to do that.May 31st ICE came over to my husband's house and picked him up.We immediately filed for reopening of case,emmergency action for deportation removal to the BOIA and Immigration based on health Issues(he has sleep apnea) and Humanitarian grounds.they moved him to the infirmary and gave him his CPAP machine and we thought everything was moving fine.But they picked him up yesterday did not let me see him and took him back without anything.They gave him 10 years before he can return back.

    I am a US citizen born here,we have 2 kids that are US citizen(born here) and 2 kids (green card)that i filed for.Please what is the next step based on waiver that we can do.BOIA was already working on his file by friday but i dont know why he was still picked up.He has never committed any crime,has a job and earns about 110,000USD a year,has a house,life insurance and social security early retirement pay of 3,545USD a year.My husband has sleep apnea and cannot sleep without his CPAP machine.In his country there are no oxygen tanks and no other source for oxygen,they have no health support for CPAP machine.I dont have a job.I dont know where to start from,he is the one who fends for the house totally.The mortgage has not been paid and we might loose our house soon.My youngest daughter is seriously ill with depression and mental psychosis,with all the stress going on I was admitted with an acute MI 3 days after he was arrested.Someone adviced me to write to the attorney general of the federation based on Humanitarian and Health grounds.But what are the chances he will get a waiver.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Deportation Removal

    When did he find out that his asylum application had been denied?

  3. #3
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Deportation Removal

    14 years ago and he has been appealing it since then.

  4. #4
    Join Date
    Jan 2007
    Posts
    14

    Default Re: Deportation Removal

    When you filed for your husband's children from previous relationship how long it took for them to be approved? ( I-130 and I-485)....

  5. #5
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Deportation Removal

    it took about 3 months without any problem and they got their green card as soon as they got here.That was 4 years

  6. #6
    Join Date
    Jan 2007
    Posts
    14

    Default Re: Deportation Removal

    Thanks for your answer. I am in asylum situation too and been denied. I have been married for almost 2 years and married with US citizen. I am waiting for my adjustment of the status hiring in next August. ( I 1-30 ) have been approved. I just curious about your stepchild because I have same situation. My son will be here next saturday. Do you think it is better for my husband to fill I 1-30 for his stepson when he will be here or wait till he goes back to his country. He will be here for visiting with B1 visa around 2 months. Our lawyer suggest us to do not fill him right now because it is going to affect my case. Please share with me about your stepchildren. I really feel confuse because he will come for short term and has to go back because we do not want to break law. I really appreciate your opinion.

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