LeightonJ

If I am an illegal alien, but I was snuck across the border when i was a baby, then if I turn myself in to the INS, they MAY have sympathy on me. I am married to a USC and I am 19. I just found out that I was illegal 2 years ago. My question is.......has anyone ever had the deportation process started, but when they went in front of the judge, the judge had sympathy on them? I know its not common, but then again neither is my situation. I just am sick of waiting for the 2nd life act to pass and my lawyer told me that turning myself in could be a possibility. I have a very strong case....and I just am to the point where I want a judge to hear me. Please respond with any info..thanks

Rete

Unfortunately no one in my years of participation in this newsgroup has dealt with INS deportation processing. Perhaps someone in the other newsgroups you frequent will be able to be of assistance to you. Or Mr. Gani, might consider your problem interesting enough to do a little research for you.

Mrtravel

LeightonJ wrote:
    > If I am an illegal alien, but I was snuck across the border when i was a baby, then
    > if I turn myself in to the INS, they MAY have sympathy on me. I am married to a USC
    > and I am 19. I just found out that I was illegal 2 years ago.

Did you get married AFTER you found out and now expect them to let you stay because
you are married? INS might have sympathy, but that doesn't mean you won't be
deported. Get a lawyer.

Chris Parker

    > If I am an illegal alien, but I was snuck across the border when i was a baby, then
    > if I turn myself in to the INS, they MAY have sympathy on me. I am married to a USC
    > and I am 19. I just found out that I was illegal 2 years ago. My question
    > is.......has anyone ever had the deportation process started, but when they went in
    > front of the judge, the judge had sympathy on them? I know its not common, but then
    > again neither is my situation. I just am sick of waiting for the 2nd life act to
    > pass and my lawyer told me that turning myself in could be a possibility. I have a
    > very strong case....and I just am to the point where I want a judge to hear me.
    > Please respond with any info..thanks

Without ever having been inspected, you can't apply for adjustment of status based on
your marriage and that is the real problem you have here at legalization. Of course,
you don't need legalization really unless you are going to leave the country (I
presume you have a social security number).

Did your parents ever legalize? Congress gave them so many chances, all of which
would have included you.

My advice is to live your life, and don't let this thing bother you. Maybe one day
you'll get your chance at redemption also.


CP

Rete

If I remember his story correctly. He is Jamaican and his Mom had paid someone to bring him into the US at the age of 3 while she waited in Canada. He has lived here for 16 years and the INS has found out he is illegal. They started deportation proceedings but he went and got married on the advice that the Section 245(i) would be reinstated and because he married a USC he would be able to adjust. Well the Section has not been passed again so he is being ordered to leave and now his wife (the poster) wants to know if anyone has gotten through the deportation procedure and not been deported. You can look for his and his wife's previous posts the last month or so under the same name. It is easy to tell who is writing what and the writing is quite different.

LeightonJ

We have paid a lawyer $5,000, and I have even already paid the $1,000 fine for the new Life Act. Now, its just a waiting game and I need to be prepared. Also, I married because I wanted to settle down. Life has more to offer than being with many people.

LeightonJ

We have a lawyer. We have a very good lawyer. Thanks!

Mrtravel

Thanks, I remember it now. So his best hope is to hope for additional
legislation like LIFE

Rete wrote:
    > If I remember his story correctly. He is Jamaican and his Mom had paid someone to
    > bring him into the US at the age of 3 while she waited in Canada. He has lived
    > here for 19 years and the INS has found out he is illegal. They started
    > deportation proceedings but he went and got married on the advice that the Section
    > 245(i) would be reinstated and because he married a USC he would be able to
    > adjust. Well the Section has not been passed again so he is being ordered to
    > leave and now his wife (the poster) wants to know if anyone has gotten through the
    > deportation procedure and not been deported. You can look for his and his wife's
    > previous posts the last month or so under the same name. It is easy to tell who
    > is writing what.
    > --
    > Posted via http://britishexpats.com

Mrtravel

LeightonJ wrote: .
    > >
    > We have paid a lawyer $5,000, and I have even already paid the $1,000 fine for the
    > new Life Act. Now, its just a waiting game and I need to be prepared. Also, I
    > married because I wanted to settle down. Life has more to offer than being with
    > many people.

I am confused. If you are qualified under LIFE, then what is the problem? If not
qualified, then why pay the $1000 fee?

Chris Parker

    > He has lived here for 19 years and the INS has found out he is illegal. They
    > started deportation proceedings but he went and got married on the advice that the
    > Section 245(i) would be reinstated and because he married a USC he would be able
    > to adjust.

Well, section 245(i) is the only way he could apply for adjustment, but he is too
late. So, filing I-485 in the removal proceedings cannot be approved to get his
status adjusted.

Best thing for him to do, in that case, is apply for voluntary departure from the
immigration judge who will order him deported. That way, upon departure, his U.S.
citizen spouse can file an I-130. Of course, any unlawful presence after age 18
counts towards the 3-year and 10-year bars to admission and will restrict his ability
to get an immigrant visa.

Perhaps, getting ordered removed without volunatry departure is his best option. Of
course, that will bar him from even using 245(i) if that comes out again. This is
not legal advice, and I am not endorsing evasion of an order of removal, but I don't
see any solution to his problem as the facts are presented.

CP

Michael Voight

So, he would have been better off if he had left within 180 days of turning 18,
correct? Does this apply like a visa overstay.

LeightonJ

Cp, thanks for your thoughts. you seem to be thinkiing on the same lines as my lawyer. 245i is still up in the air in the senate, and since they are on a break, we have to wait for the next session, which will start soon. INS doesnt know he is here.....there has been no orders of removal or anything of the such. thanks for wriiting.
-emily

LeightonJ

We will qualify under the 2nd life act, which is what most immigration lawyers are calling it. The 2nd proposed "Liife Act" falls under appx. 38 different bills, which senate was supposed to vote on this session, but they put it off so hopefully next session they will get around to it. We paid the $1,000 fine just incase it passes, therefore our lawyers can immediately start the process. If it doesnt pass, we will get our money back. For more information, go to Thomas.loc.gov and type in immigration, and scroll down till u see the bills beginning with "H" those are the bills pertaining to the "2nd life act"

LeightonJ

LeightonJ

Sorry to confuse ya! Im sorry..we actually paid our lawyer to hold the fee for us therefore if and when life act 2 passes this september, it will already be in my lawyers hands..