TuffEnuff

Hi. A quick update for those who haven't seen my postings before..My husband was brought here without inspection as a toddler by his (also) illegal mother. He is a citizen of Jamaica. After being here for 17 years, (we can prove 15) and going to school, and doing everything, thinking he was a citizen, he found out he was illegal almost 2 years ago, when he was 17 or 18.

We got married almost exactly a year ago...he has a child who is a year and a half, me, his sister, and brother who are USC's. Good moral character, no criminal record, so on and so forth.

We are going this Wednesday to make the appointment to put him into deportation proceedings. When the hearing comes about, we are going to shoot for cancelation of removal of a non-permanent resident. However, I don't feel (based upon all of the research that I have) that the judge will grant my husband cancelation of removal. I don't believe that we can prove "extreme, and unusual hardship."

I AM confident, however, that my husband, his lawyer, and I can prove that this is an exceptionally STICKY, and sad case, and hopefully the judge will grant my husband voluntary departure. If so, then there will be no bars (3 or 10 year) and that way, my husband and I can buy his plane ticket to Jamaica where he can immediately file for a K-3 Visa. I will then process my end of the paperwork up here.

So, here are my questions NOW...lol...(and a special thanks!!! to those who have been helping us all the way through this battle. Its been so helpful to hear different aspects and opinions.)

1.) How long does it usually take to get my husband to come back to me when he is in Jamaica? I am anticipating on 4-6 months...am I that far off?

Also,............
2.) What is the chance that the judge will NOT grant him voluntary departure? If he gets deported without any voluntary departure...doesn't he recieve a 3 year bar? or would it be 10 years? Also.....what factors come into play when the judge looks at voluntary departure?

Thanks a bunch, and God Bless!!!!!!!!!!!!!

-Emily

David

I'm confused, if he is in the Country now, and is married to a USC, why not
just file a I-130 and I-485 AOS? Or, is it because he was uninspected that
you can't do that?

David

TuffEnuff

Can't do that because he was never inspected!!!

meauxna

Oooh, Emily & Jerome, you must be so excited! Un-nerving as this all is, at least you've got some action and adventure in front of you. I will be thinking of you on Wednesday and will be eager to hear the outcome. Personally, I think your circumstances would move *me* to take some positive action for you, but I'm not the judge.
K3 processing isn't as fast as it once was, and I did check out DCF for you. Unfortunately, I-130s are only processed if the USC is a Jamaica resident, which can take 6 months to 2 years to obtain. K3 will be your best option, should it come to that.
Oops, reread that you're just making the appointment..never mind, I'll keep thinking good thoughts for you.

David

I just read the I-485A supplemental to the AOS. It says:

Aliens in the United States who have an immigrant visa immediately
available, but who entered the United States without inspection, remained in
the United States past the period of admission, worked unlawfully, or are
otherwise ineligible for adjustment of status under section 245(c) of the
Act must submit this form along with Form I-485, Application to Register
Permanent Residence or Adjust Status.

So, why can't the I-130, I-485 and I-485A be filed for your husband? Also,
have you looked at the I-817 to see if you could use that form to provide a
background for the I-485A?

David

Mrtravel

David wrote:
    >
    > I just read the I-485A supplemental to the AOS. It says:
    >
    > Aliens in the United States who have an immigrant visa immediately
    > available, but who entered the United States without inspection, remained in
    > the United States past the period of admission, worked unlawfully, or are
    > otherwise ineligible for adjustment of status under section 245(c) of the
    > Act must submit this form along with Form I-485, Application to Register
    > Permanent Residence or Adjust Status.
    >
    > So, why can't the I-130, I-485 and I-485A be filed for your husband? Also,
    > have you looked at the I-817 to see if you could use that form to provide a
    > background for the I-485A?

If he had been qualified during a period of amnesty, he could have paid
the $1000 and have been OK.
In fact, the OP actually gave their attorney $1000 to do that IF and
WHEN Congress had passed another amnesty. The OP's husband entered
without inspection and since he stayed over 1 year past his 18 birthday,
he faces a 10 year ban.

TuffEnuff

Mr Travel, Im not trying to look backwards. I know there probably alot of things he *Could* have done....but, ya know what? If we keep looking backwards, we won't be able to give our future a conscience effort!
-Emily

TuffEnuff

Unfortunately, we can't see the future....ohhh, if there could just be a crystal ball!! But, anyway...If it comes to that, yes, we plan on going the K-3 route. I just can't imagine living without my husband. And I know that alot of people are going through it, and Im not saying that we are special, or should be an exception...but, we, yea, maybe deep down I hope the judge will see all of the specifics of his case, and realize it SHOULD be a little different. Lets hope and pray! We are going TOMARROW to make the appointment to put him in proceedings. When we get the actual hearing, I dont know. And, WHAT will even happen at the hearing I don't know. I hope that the est happens. I hope that the judge orders him deported, then we can apply for cancelation of removal, and then hopefully he will accept our plea for cancelation of removal. That would be great. But, we will see....please pray, and thanks for your support!
-Emily