andiejo1

Yep.. got all those
The only thing i am waiting for now is a copy of her USA passport from the home office...apparently, they need the number off her passport.....
it will be a load off my mind if i get this done quick.
But you still read about children with UK passports being deported or held in family centers

andiejo1

MMMmm...addendum to my previous messages.
Yes, the immigration officers were well aware that my daughter has a British parent
But insisted that she still had to go..

Here is the details of the document that my wife and daughter were handed last week.
Form IS151A..DECISION TO REMOVE AN ILLEGAL ENTRANT/PERSON SUBJECT TO ADMINISTRATIVE REMOVAL UNDER SECTION 10 OF THE IMMIGRATION AND ASYLUM ACT 1999.
It also informs her that she can only appeal against this decision under section 82(1) of the nationality ,immigration and assylum act 2002 once she has left the country.
this decision will have deemed to have served you on ** ** 2013.

As for my daughter ,she is being deported under the following.........

You are specifically considered a person who is subject to administrative removal because of you mother ****** ****** was served with a" notice to a person liable for removal" and as a dependent of her you are also subject to removal under section 10(1)(c) of the immigration act 1999....

see what a total FUP this is

spouse of scouse

Unbelievable Why do they consider your daughter to be a dependent of your wife? Why can't they consider her to be your dependent? Hope you get some answers soon, what a horribly stressful situation for you all.

andiejo1

Thank you Spouse.
I am trying to find out if if form IS151a is a order to leave the UK..or is it a warning that you COULD be removed from the UK...can this form be challenged????

andiejo1

Still trying to get my head around this mess
But i have just noticed that forms 151a and part 2 were served at the same time giving us no right of appeal in the UK ..iS THIS CORRECT .........Is there anyway i can challenged this at all

scot47

Get professional advice. Now. Do not rely on info from a forum.

Pollyana

Definitely. Far too important to rely on layperson's info, get professional advice asap.

andiejo1, I have merged your threads and removed your other username, keeps things easier for those trying to answer you.

brissybee

I guess whatever happens to your wife also happens to you, and importantly, your daughter.

It's not much use you and your daughter being allowed to stay if your wife isn't. I hope you can sort it out for all three of you.

SanDiegogirl

The child was born in the US. It appears from the OP's earlier posts (andiej01) that he entered the US, married had a child and sometime during that time tried to adjust status. Because of circumstances the Green card was a long time in being issued at which point he had run out of money etc and returned to the UK with wife and child.

That was three years ago. However, he did not get the relevant visa for his wife or child to enter the UK.

In the current circumstances it might be easier for wife and child to return to the US (where she has family and support) and for husband to follow on when the necessary spouse visa (her family can be joint sponsors I understand) is issued.

Why waste time, money and effort fighting a deportation order (which is quite valid) when one can start again properly?

michali

That all sounds so logical SanDiegoGirl, but with their history, there is no certainty that the spouse visa would be issued. What a bad situation this is! I do hope andiej01 can get this sorted out. I think in this instance legal help will be needed.

SanDiegogirl

If, as the OP says, he was finally issued a Green card in the US, then there is no obvious reason why, if his wife and daughter return to the US, that with HER family sponsoring him a spouse visa would not be issued for him to move to the States.

Currently, he is NOT going to get the wife a spouse visa for the UK.

michali

Sorry, I misunderstood! Yes, I agree that might be the best thing to do.

Vexcore

Surely... on 'human rights' the UKBA won't dare separate a family? if the child and father is British.... but the mother is from a none EU state.... yes its wrong...

but why do i have the feeling illegal immigrants will have a better chance than a normal loving family man ?


in all seriousness though... can the UKBA really dare separate a family? as i understand by 'law' UKBA has no power on a British citizen.. and when i say 'law' i mean basic commons sense of being a citizen...

andiejo1

Thank all for your help ..from what i understand they can deport my little one because they have made her a dependant of my wife, even if she has a UK passport (but i am still applying for it)
And to rub salt into the wound ..they guy who "shopped me" is a lithuanian 3 times looser ..came here in 2001... 2 times in prison ...1 for armed robbery 5 years ...WTF is he still doing here .Should have been deported under the rules after his prison sentence ended
I feel just totaly crapped on...

spouse of scouse

Well, I guess you have some cause for feeling like that, especially if you were dobbed in. But mate, the rules are the rule no matter how much they suck, and the best thing you can do now is work with your legal options and focus on the future. That's the best way of looking after yourself, your wife and your little one.