hwarang

Our appeal has been dismissed

Steffi

Oh no. What will you do now?

Folinskyinla

Hi:

WHY was it dismissed? You need to see the decision. Also, these are "without prejudice" to filing a NEW one. However, you should note the old denial and address the issues.

hwarang

I really don't know now. Although we had many points of hardship - not in the eyes of the department. Unfortunately, just this past two weeks, another situation has arisen regarding my Hubby's children in the USA. Their mother has been physically and mentally abusing the children and has now been admitted into a Pshyciatric and substance abuse hospital and is very messed up (which her instability has been hidden from us for 2 years) and we want to file for full custody and give his children the life and love they deserve, but the courts will not allow the children to leave the country - so we can only assume that as far as immigration are concerned, my hubby will have to chose between his kids in the USA and me and our kids here. We can't win either way.

In all honesty, I give up, as anyone knows what going through this is like, we are completely drained.

hwarang

Folin........is the same option available if an I-601 has been denied ALONG with an appeal to that decision being dismissed - even if circumstances have changed?

hwarang

And they felt that we hadn't proved extreme hardship.......How do we find a good attorney (we thought we had one) As much as we don't want to, we should probably just give up and ride out everything - nothing can be as stressful as this denial *sigh*

Steffi

How long would that be?

hwarang

Out of the 10 year bar, I have 7 years, 3 months and 16 days left to go

Folinskyinla

Hi:

Absolutely. This principle was established in several Board of Immigration Appeals cases in the I-130 arena. And the regulations provide that BIA decisions are binding on CIS when the same issues are involved.

That is why I mentioned that you have to disclose the prior denial and result and address the findings in the prior decision.

hwarang

Thank you so much for your help, most appreciated

Mrtravelkay

hwarang wrote:
    > Originally posted by Steffi
    >
    >>Oh no. What will you do
    >
    > now?
    >
    > I really don't know now. Although we had many points of
    > hardship - not in the eyes of the department. Unfortunately, just this
    > past two weeks, another situation has arisen regarding my Hubby's
    > children in the USA. Their mother has been physically and mentally
    > abusing the children and has now been admitted into a Pshyciatric and
    > substance abuse hospital and is very messed up (which her instability
    > has been hidden from us for 2 years) and we want to file for full
    > custody and give his children the life and love they deserve, but the
    > courts will not allow the children to leave the country .
say they couldn't leave the country?
If the other parent is abusive, why did the court say they the "good"
parent couldn't move them out of the country? Rather than just full
custody, it is possible to petition the court to take away the other
parent's parental rights.

hwarang

Hopefully we can do something.......we are just starting to get into it all now. As usual, the stress pot thickens, lol. AAARRRRGGGG I don't hold high hopes for immigration allowing us to go home together as a family - our children here can go anytime - I am the only one not allowed a visa (well, as we all know, they make it perfectly clear that hubby can go home anytime and just leave his wife and /or kids here in Australia - one of those unimportant things)
I would assume that the courts won't allow the "good" parents (us) to bring his kiddies over here, even though that is what his children want - but they are only 9 and 6, as they would be away from the disturbed parent, and that I would guess is unhealthy for her.



If the other parent is abusive, why did the court say they the "good"
parent couldn't move them out of the country? Rather than just full
custody, it is possible to petition the court to take away the other
parent's parental rights. [/QUOTE]

fcdeliu

I'm sorry to hear that, if it weren't for the children in the States you could live a glorious life in OZ indeed.

Trying to lighten things up, I have a fantasy solution to immigration problems.

You know how some countries don't want some people?

Wouldn't it be great if people could just barter their citizenship? For example, I'd give you my US citizenship in exchange for an Aussie one (shit, I'd even throw in a few years of indentured servitude)! That way you'd be where you want to be and I'd be where I'd want to be! Hell, some people could even sell their nationality on Ebay (at the risk of becoming stateless of course)!

Anyway, wasn't there a story about an American woman, whose abusive ex had custody of her child, who ultimately kidnapped the child and they both went to New Zealand? And ultimately the Kiwis wouldn't send the kid back, I could swear I saw a movie based on that, crazy eh?

Folinskyinla

Hi:

You are talking about Dr. Elizabeth Morgan who ALLEGED the father of her child engaged in sexual abuse of the child and took him to court to block any any visitation. She lost. She lost in several pieces of litigation. She then had her child spirited out of the country with the child's grandparents. The court quite properly found Dr. Morgan in contempt of court and placed her in jail until she would reveal the whereabouts of the child. Congress later passed a law prohibiting her further detention. Dr. Morgan then fled the country to join her parents and dauther in New Zealand.

Later, Dr. Morgan wanted to return to the United States with the child, but was fearful that she might actually be subject to the law -- so Congress passed a law specifically designed to vacate the judgment of the DC court and prevent the father from seeing his child.

That later statute was later found to be unconsittutional.

I for one find Elizabeth Morgan to be a quite contemptible person who had blatant disregard for the law out her burning desire to keep her child away from her father.

BTW, Hilary Foretich is now 21 years old so I guess its all moot.

hwarang

HAHAHAHA, you know what, that would be an excellent trade out.
Could you imagine how much I could get for my Aussieness on eBay?????????? You could get a fortune for your Americaness also, lol.