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  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Default What to Do After Consulate Error on Deportation

    Hell I live in colorado My husban was caught on a warrent here in 2006 and he is illegal so they put an immigration hold on him, after serving a month in jail he was transferred to immigration where i bonded him out here in colorado. he was in removal proceedings attendin several immigration courts in colorado from 2006 to 2008 when he was granted voluntary departure. we did leave to mexico by the date of his vd. shortly after he had his interview at the consulate in juarez and they dneid him a waiver because they said that he was deported in 2006 and then reentered the country. how ever that is not true he has NEVER been deported. also our i-130 was approved in 2007. I do not know what to do. Ihave contaced congress and many other people and get no response. we have three children together and i have a daughter that he has raised since she was 1 she is now 8. my husband arrived in the us in 2000 and never left until he was givin his vd in 2008 we have proof of all his court dates and i also have the bond paperwork to prove that he was released here i have sent copies to many people in immigration and they will not fix it to get him another interview. pls help what do i need to do?

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

    Default Re: What to Do After Consulate Error on Deportation

    Perhaps you thought he was accepting voluntary departure, when in fact he consented to a deportation order. We have no way to look into what actually happened. I suggest you consult an immigration lawyer.

  3. #3
    Join Date
    Apr 2009
    Posts
    3

    Default Re: What to Do After Consulate Error on Deportation

    THANK YOU FOR ANSWERING MY QUESTION THE ONLY OTHER THING WAS I KNOW FOR A FACT IT WAS VOLUNTARY DEPARTURE BECAUSE ON THE JUDGES ORDER IT SAYS GRANTED VOLUNTARY DEPARTURE AND HIS VD WASNT GRANTED UNTIL 2008 WHEN HE WAS CAUGHT IN 2006 AND AT HIS VISA APPOINTMENT AT THE CONSULATE THEY SAID HE WAS DEPORTED IN 2006 BUT THAT IS WHEN I BONDED HIM OUT AND HE WAS PUT INTO REMOVAL PROCEEDINGS UNTIL HE WAS GRANTED THE VD. ALSO I HAVE CONSULTED WITH LAWYERS AND THEY ALL SUGGESTED ME FILING A FEDERAL LAWSUIT IS THAT MY ONLY OPTION?

  4. #4
    Join Date
    May 2009
    Location
    New York City
    Posts
    1

    Default Re: What to Do After Consulate Error on Deportation

    Under law, USCIS can only look at 5 year period immediately preceding date of filing app so USCIS cannot use any prior finding. More and more people are filing petitions to review removal orders because BoIA continues to make legal and factual errors in dismissing appeals and denying motions. If you decide to take it to federal court, research to find an immigration lawyer that is experienced in federal court rules and procedures so as not to be a victim of ineffective assistance of counsel in seeking deportation help.

    Note that you only have 30 days from date of Board of Immigration Appeal's decision to begin litigation in federal court.

  5. #5
    Join Date
    Jun 2009
    Posts
    3

    Default Re: What to Do After Consulate Error on Deportation

    i've heard there are special lawyers who deal with cases where a person is thought to have been deported when he voluntarily departed. you need to find a good lawyer who deals with such cases, provide all the proof and let him handle the whole issue the legal way. i hope they un-deport the genuine cases. coz i'm also a victim of misunderstanding

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: What to Do After Consulate Error on Deportation

    Quote Quoting Thakerlaw
    View Post
    Under law, USCIS can only look at 5 year period immediately preceding date of filing app so USCIS cannot use any prior finding.
    What exactly are you talking about here? Let's say somebody from a visa waiver country is deported, reenters illegally, is caught and deported, and is barred for life from the United States. Are you suggesting that if they attempt to enter the U.S. six years later, the USCIS won't be able to look at their lifetime bar? Because....

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