Dekka's Angel

This was what I recall them saying too. The story was that they were *thinking* about putting him voluntarily into deportation proceedings as one of several options.

Hmmm.

Rete

Jerome

Have you checked out Shusterman's website. He is an immigration attorney and here is a link to what he has to say about deportation hearings and it would appear that you have a vey good chance of beating this.

http://shusterman.com/deport.html

Rete

TuffEnuff

Thank you so much for helping me.
Jerome

TuffEnuff

No my husband isn't in deportation proceedings yet, I don't know why he said that. I guess just to get some different perspectives... (This is Emily) HOWEVER, tomarrow morning, our lawyer, jerome, and I are heading to turn him in, and put him into proceedings. So, as of tomarrow, he should have a date for the deportation hearing. Jerome's question is.......since he is turning himself in, can he apply for working papers until they order him deported? What if they order him deported, and we appeal it...can he apply for working papers? We have built a case to try to prove extreme hardship with his son, and I. I really have a good feeling about this, for some reason. Im surprised Im not more squeamish, but I feel confident about this. I just feel that no judge can look at this case and make him go home, seeing that we can prove he was a small child when he was snuck here, that he has remained continuously here for almost 17 years, he has no criminal record, and he has good moral character. Also, we have strong evidence to support extreme hardship. With all that is going on with immigrants, it will be tough, but I still feel confident. Any responses appreciated.
-Emily

Folinskyinla

Hi:

When you get into "removal" proceedings, the questions are such that a NG is not a place to get the answers. [BTW, unless they were initiated before April 1, 1997, there are no more "deporation" proceedings -- they are now called "removal"]

It looks like that Jerome's intention is to seek "cancellation of removal." I don't know all the facts of your case, but even in the best of circumstances, it can be a crap shoot -- if you don't bet, you can't win.

In answer to your specific question -- yes, he CAN apply for work authorization. However, the standards for that EAD, unlike the AOS EAD's include an economic necessity requirement.

If you lose -- yes, you can appeal to the Board of Immigration Appeals. If you lose there, then the issues become extremely complicated since the law of judiical review is mixed up due to the "court stripping" provisions of the 1996 legislation.

TuffEnuff

Well, we are aiming to get cancellation of removal on the grounds of necessity for his son's well being. The babies mother is on welfare, and in our opinion isn't properly cared for. Because he can't work right now, he can't support the child. If we can get cancelation of removal, and he can stay here and work, he can raise his son properly and help the mother. Also, it will be difficult for him to adjust to Jamaica, after being raised here. We are going to emphasize the fact that it WASNT his fault...that his mother snuck him here as an infant, and he didnt know he was an immigrant until just a couple of years ago. We are going to also emphasize the fact that he took it upon himself to honestly turn himself in, and do the "right thing". We have documents also to prove that he has tried, and in some cases, succeeded to do things to better himself, proving he would be an asset to the US's economic system (for instance, he had a stock account with $40,000 in it as a child and has payed taxes, he has recieved his diploma, and H&R block tax prep certificate, among other things.)
Please give us some pointers..(maybe some thing our lawyer hasnt told us) about cancellation of removal...some things to avoid saying, some things to bring up at the hearing. Also, am I (his wife) going to be able to read a 5 minute long letter to the judge that I wrote?
thanks!
-Emily

Mrtravel

TuffEnuff wrote:
    > No my husband isn't in deportation proceedings yet, I don't know why he
    > said that.

Not only did he say that, but he said it was in 2000.
Now, if that isn't the case, what happened in 2000?
This sounds odd.


I guess just to get some different perspectives... (This is
    > Emily) HOWEVER, tomarrow morning, our lawyer, jerome, and I are heading
    > to turn him in, and put him into proceedings. So, as of tomarrow, he
    > should have a date for the deportation hearing. Jerome's question
    > is.......since he is turning himself in, can he apply for working papers
    > until they order him deported?

He can apply, but I don't think he would be getting approval since he
has illegal entry.

What if they order him deported, and we
    > appeal it...can he apply for working papers?

Why would they grant an approval to work after telling him to leave the
country? What does you lawyer say when you ask these questions?


We have built a case to try
    > to prove extreme hardship with his son,

I don't get this one.
He hasn't supported his son, but the claim is that he needs to be in the
US to support his son? If it were my son, I would have found a way to
work to support him, legal or not.

Folinskyinla

Hi:

This is not a follow the instructions type of case where I can give pointers. This is a contested trial -- he will have to show "extreme and unusual hardship" to his son and you.

These cases are extremely difficult.

Good luck.

Mrtravel

TuffEnuff wrote:
> We have documents
    > also to prove that he has tried, and in some cases, succeeded to do
    > things to better himself, proving he would be an asset to the US's
    > economic system (for instance, he had a stock account with $40,000 in it
    > as a child and has payed taxes, he has recieved his diploma, and H&R
    > block tax prep certificate, among other things.)

How did he pay taxes on a stock account without a SSN?

Alzerom

Won't you have a hard time showing 'economic hardship' with that much
money involved?

If the alleged age is as stated "very young, etc" there won't be a
trace of Jamaican accent.

They may engage him in simple conversations designed to demonstrate
"American cultural thinking." There would be no way to prepare for
this, since it's about values.

Testimonials will not be effective.

In short he's going to have to make his own case.

It also concerns me that HE is not on the newsgroup with the perfect
English he's aquired because he has been here so long.

meauxna

I recall them saying he has an ITIN.

Rete

$40,000 is not a lot of money. For most families of three, that isn't enough money to cover one year's expenses.

Rete

dbark

Jerome and Emily,

I wish there was something I could say to help. But today I read something that you might be interested in, it is just someone's story that sounds somewhat similar to yours, published by www.ilw.com.


A Man without a Home
By P. Ramirez

What about the infants and children who are brought to the country by their parents. They did not come here on their own free will but of the will of their parents? I did not ask to come to this country -- my parents brought me here when I was less than two years old. I have never visited my birth country nor do I have any recollection of ever living there. Now I find out that the U.S., the place I consider home, doesn't consider me to be a citizen even though I attended local public schools, have worked since the age of 15, have always paid taxes, have a valid drivers license, established credit, bought two houses, and, yes, was even issued a voter's registration card and have been called for jury duty on a number of occasions. If I don't have a right to live here, where do I belong?

At the age of 31, I am faced with the realization that I don't have a country to call home. I know nothing of my birth country, and the country I consider home doesn't recognize me as a citizen because of immigration issues which went unresolved during my early to late teenage years which recently came to light. I am 32 years old and have a wife (U.S. born) of 11 years and two sons. The problem was brought to my attention when I lost my social security card and found myself at the Social Security Administration office trying to apply for a duplicate card. I was told by the Social Security Administration employee that I had to show some proof of residency before a copy of my card could be released to me. This was the first I had ever in my life been asked to show proof of residency. Up to this point, I had always thought my paperwork was in order and that I was a U.S. citizen. I recall being interviewed by an INS employee in the late 80's and was told that I was here long enough to be a citizen and that I had passed my civil test. I had assumed since that time, that I was a U.S. citizen. Knowing what I know now about the process, I can say that I was naive in my thinking and will pay terribly for not fully understanding the process. I now face starting the process all over again, back to square one, under tougher regulations and requirements.

After a series of phone calls and visits to the local INS District Office to inquire about my current status, I was told that I had been granted permanent residency. However, there was a problem verifying the data and was told to file an I90 application. I received an appointment for an interview to complete the I90 application approximately six months later. During the interview, I was told that my file was not complete - there were documents missing from my file. It took the INS about a month and a half to track down a total of three different files they had on me. I am still unable to get a definite answer on my status and am told that they are trying to schedule an interview to complete the application. It has been a year and a half since my initial inquiry, and I sit and wait for my fate to be decided by the INS. Will I be allowed to stay in this country or will I be deported to my birth country, a place I know nothing about? Or will I face further delays as a result of the government's restructuring of the INS? The frustration that comes from sitting and waiting has had an impact on my physical and mental well-being. I am fortunate to have a secure job at this time, but if anything were to happen to the stability of the company and I find myself laid off, my family would suffer if I am unable to find employment because I don't have a copy of my social security card.

I also have an additional concern. Are all social security cards issued to immigrants stamped with the phrase "Valid for employment but must show proof of INS eligibility?" If this is the case, isn't this discrimination. My previous card did not have this stamp. I know that my earning potential would seriously be affected by having this on file with an employer. I currently work in an environment where the majority of employees are immigrants, and I see first hand how they are poorly compensated and how unfairly they are treated. On the other hand, I am treated and paid very well for my knowledge and skills because my employer considers me to be a U.S. citizen. This is a serious form of discrimination. You can be assured that I will compare future salary offers with salary offers in the past. Will there be a difference in salary offers as a result of my new immigration status being made public? I hope not, but I am a realist and expect that there will be a difference.

TuffEnuff

Thank you so much for replying
Jerome