The basics:
wife is chinese national
undocumented entry sep 2002
filed for asylum in Dec 2002
denied in 2003, appealed
married to u.s. citizen aug 2003
appeal denied nov 2004, appealed to circuit court
marriage interview approved later 2004
2 kids born 2005, 2008
circuit court appeal denied jan 2009
deportation order april 2009
I will be talking again to lawyer who handled to the circuit appeal but also to others to get more opinions. However, I'd like to get the internet cloud's thinking also.
1) Deportation order is to Moldova (hence my name) even though neither myself nor my wife are of Moldovian descent. Is there a possible avenue to fight this order based on the destination?
2) Is it possible to negotiate to get the deportation destination changed to China? Circuit Court says conditions have changed drastically in China, there is no need to fear any more -- why send us to Moldova where we have zero language skills, contacts or cultural ties?
3) Will the Attorney General consider suspension of deportation even if my wife only has 6.5 years of consequence residence in this country (googled up some links saying 7 years needed)? I'm a business owner but I will leave with my wife and if that means I have to fire 12 people, I will. This would be an extreme hardship to the 12 people I have employed and the local/state/federal governments probably will end up losing 1M in annual payroll/income taxes.
4) Any other delay tactics possible to see what Obama's planned immigration reform brings?
5) Other than being in this country illegally, my wife has no other record. What's the likely penalty she would face for ignoring the deportation order (in order to wait on Obama)?

