LeightonJ

hi all this is jerome
i just want to let all of you all know, that my lawyer prepared a letter telling the ins that i am here illegally. my lawyer said that it may take 30 to 90 days to write me back.i know i am facing deportation on my hands.but it came to the point that i dont care anymore .because me and my wife cant live like this anymore .meaning (no job,cant drive and ect).my lawyer said he will fight this to the end.because i have a son that is a usc,and i have a wife that is a usc,and i have a terminally sick brother that is a usc. does anyone have any advice that has been through the procedure? does anyone have an stories or opinions? Ii hope everyone else has success stories too. good luck

Folinskyinla

Hi:

Reading between the lines, you entered without inspection, have a criminal record, or a "subject to" J visa.

You don't give enough information to evaluate your case. Do you feel comfortable with your lawyer? If so, then stay with her. However, there is nothing wrong in getting a second opinion.

I've been doing this business for over 26 years now, and I don't like all the times I have to tell potential clients that "I'm sorry, there is nothing I can really do. Rather than paying me, save money for back home."

Good luck.

LeightonJ

No, i have no criminal record. i just found out i am illegal. my mom sneaked me across the border when i was 3.

Rete

You can do a search on his name and come up with the original post that explains the problem. As he stated he was brought into the country as a toddler and is originally from Jamaica.

Just had a thought illegal aliens are those not inspected at the border. Since his mother paid someone to take him into the US from Canada, he must have passed through a POE. Even though at the POE between Canada and the US you don't get an I-94 in your passport to prove your inspection, you are inspected. Wouldn't this include him even if the person taking him across claimed him as his own child?

Thus, even though he has been here ... 16 years I believe ... won't he be able to apply for AOS because he must have been inspected at the Can/Am border.

Rete

Ben Johnson

Not to get too carried away, but just to play devil's advocate for a
moment....

If you are an illegal alien (from a 3rd country) coming in from Canada...are
you going to try entering at a border crossing and risk being caught....or
take a 2 mile hike into the woods and cross over a 3 foot fence in the
middle of nowhere.

Point being....just because someone crossed over from Cnanda, does not imply
using a POE, as it is so easy, not too.


"Rete" wrote in message
news:426655.1033096344@britishexpats-
.com...
    > You can do a search on his name and come up with the original post that
    > explains the problem. As he stated he was brought into the country as a
    > toddler and is originally from Jamaica.
    > Just had a thought illegal aliens are those not inspected at the border.
    > Since his mother paid someone to take him into the US from Canada, he
    > must have passed through a POE. Even though at the POE between Canada
    > and the US you don't get an I-94 in your passport to prove your
    > inspection, you are inspected. Wouldn't this include him even if the
    > person taking him across claimed him as his own child?
    > Thus, even though he has been here ... 16 years I believe ... won't he
    > be able to apply for AOS because he must have been inspected at the
    > Can/Am border.
    > Rete

Chris Parker

    > i just want to let all of you all know, that my lawyer prepared a
    > letter telling the ins that i am here illegally. my lawyer said that
    > it may take 30 to 90 days to write me back.i know i am facing
    > deportation on my hands.but it came to the point that i dont care
    > anymore .because me and my wife cant live like this anymore .meaning
    > (no job,cant drive and ect).my lawyer said he will fight this to the
    > end.because i have a son that is a usc,and i have a wife that is a
    > usc,and i have a terminally sick brother that is a usc. does anyone
    > have any advice that has been through the procedure? does anyone
    > have an stories or opinions? Ii hope everyone else has success
    > stories too. good luck

I guess your lawyer is going to try cancellation of removal and
adjustment of status under Section 240A of the Act. To do so, he must
provoke the INS to charge you into deportation proceedings and then
assert this Section. Sounds like a lawyer with a better answer and
comfortable with your situation. Let's hope he isn't just taking your
money to bring you through a hopeless fight.

The trick is going to be showing "exceptional and extremely unusual
hardship" to the U.S. citizen child and spouse. This is more
difficult than just showing "extreme hardship," which is already
difficult for many people to demonstrate. Notice, it isn't your
hardship they are concerned about, it the U.S. citizen relatives'
harship. I don't know if you really have a satisfactory case or not
for this provision of law, but I hope you didn't exaggerate your
situation to your lawyer to make him think things are worse than they
really are.

These are the general requirements:

INA: ACT 240A - CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS
(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN
NONPERMANENT RESIDENTS.-
(1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and
adjust to the status of an alien lawfully admitted for permanent
residence, an alien who is inadmissible or deportable from the United
States if the alien-
(A) has been physically present in the United States for a continuous
period of not less than 10 years immediately preceding the date of
such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense under section 212(a)(2),
237(a)(2), or 237(a)(3) 2a/ (except in a case described in section
237(a)(3) where the Attorney General exercises discretion to grant a
waiver); and
(D) establishes that removal would result in exceptional and extremely
unusual hardship to the alien's spouse, parent, or child, who is a
citizen of the United States or an alien lawfully admitted for
permanent residence.


Oddly, as the law is written, if Emily abused you somehow you'd only
have to show extreme hardship, which is still difficult but easier to
show. If you abuse Emily, however, it makes everything only more
difficult for you:

(2) 2/ SPECIAL RULE FOR BATTERED SPOUSE OR CHILD-
(A) AUTHORITY- The Attorney General may cancel removal of, and adjust
to the status of an alien lawfully admitted for permanent residence,
an alien who is inadmissible or deportable from the United States if
the alien demonstrates that-
(A)(A) the alien has been battered or subjected to extreme cruelty by
a spouse or parent who is or was a United States citizen (or is the
parent of a child of a United States citizen and the child has been
battered or subjected to extreme cruelty by such citizen parent);
(B) - (iv) ...
(C) the removal would result in extreme hardship to the alien, the
alien's child, or the alien's parent.


You've got a tough fight, all right. I don't know if you'll make it
or not, however, but good luck.
CP

Andy Platt

"Chris Parker" wrote:

    > The trick is going to be showing "exceptional and extremely unusual
    > hardship" to the U.S. citizen child and spouse. This is more
    > difficult than just showing "extreme hardship," which is already
    > difficult for many people to demonstrate. Notice, it isn't your
    > hardship they are concerned about, it the U.S. citizen relatives'
    > harship. I don't know if you really have a satisfactory case or not
    > for this provision of law, but I hope you didn't exaggerate your
    > situation to your lawyer to make him think things are worse than they
    > really are.

I recently saw a link to an exceptional extreme hardship case. I think it's
useful because it has comparisons to, what look like similar, but ultimately
unsuccessful cases. Although the circumstances are different from this
poster, it does show the height of the bar you have to jump over!

http://w-
ww.usdoj.gov/eoir/efoia/bia/Decisions/Revdec/pdfDEC/3479.pdf

Andy.

--
I'm not really here - it's just your warped imagination.

LeightonJ

dear Cp, and Andy,

Thank you both for the recent postiings. They are helpiing my husband and me a lot. I realize that it is going to be a hard case to prove, but we are willing to try our best. some additional information.....Jeromes brother is 4 years old, and is a USC....he is also terminally ill. Jerome has been his "father figure" since he was born. Also, he has an 8 year old sister who is going to be moving upstate from brooklyn to come live with us...because jeromes mom is always in and out of t he hospital with his brother, and it is unfair to his sister. Also, growing up, I was diagnosed as having manic depression and Ive been on prozac for a long time. Since jerome, i havent t aken any anti depressents and my life seems truly happy now. I never have even "down" days about myself...just about this iNS situation....that wouldnt be consiidered a hardship, would it? If not, what exactly is it that they consider to be an extreme hardship? unfortunately, I couldnt open t hat link.......what was it of? Im very interested.....Thank you!
-Emily [COLOR=crimson]

mdmd101

Hello Leighton:

I was doing some research on your situation and found that there is an act in the Congress called the DREAM Act. which give permanent residence to children brought to the US illegally. Here is a summary--it is up to you to follow up as to what happens next to this Act. Here is the web address to the writeup.

http://www.nilc.org/immlawpolicy/DREAM/dream_final.pdf

MD

Andy Platt

    > consider to be an extreme hardship? unfortunately, I couldnt open t hat
    > link.......what was it of? Im very interested.....Thank you!

Really you have to visit the link to see the case. Make sure that you paste
the whole thing into your browser in a single line. I've just verified that
it's valid.

The short version is that they allowed a woman and two of her children to
stay in the US instead of being deported to Mexico. She had two USC children
who, the case found, would have suffered severe hardship if she had been
deported. The factors in the particular case were:

a) She had no family left in Mexico - her other family were legally in the
US - either as USCs or PRs.
b) She had four children and was their only means of support. Her family
were effectively caregivers while she was working. If they had returned the
court felt she would not be employable because she would need to remain at
home. This would severely impact their economic situation.
c) The USC children had very limited Spanish language abilities

Andy.

--
I'm not really here - it's just your warped imagination.

Chris Parker

    > I recently saw a link to an exceptional extreme hardship case. I think it's
    > useful because it has comparisons to, what look like similar, but ultimately
    > unsuccessful cases. Although the circumstances are different from this
    > poster, it does show the height of the bar you have to jump over!
    > http:/-
    > /www.usdoj.gov/eoir/efoia/bia/Decisions/Revdec/pdfDEC/3479.pdf

Yes, that is a very helpful and timely decision and undoubtedly will
be involved in the decision of such a case. As they have presented
their situation to us, I don't think Jerome's family would qualify for
exceptional and unusual hardship. If Emily abuses him (probably by
extreme mental cruelty, as well as the continued withholding filing an
I-130) and Jerome files an I-360 which is approved (he only has to
show "extreme hardship" in that case), he might have a better shot at
cancellation of removal also being approved if ordered deported.
However, there is an statutory limit of 4,000 adjustment of status
cases under Section 240A per year, so he still may get backlogged many
years waiting for a visa number before he can finally get adjusted.

They said they couldn't live how they are now. So now things must get
worse...


CP

Chris Parker

    > i just want to let all of you all know, that my lawyer prepared a
    > letter telling the ins that i am here illegally.

If Emily requested/authorized that (this lawyer represents you or
her?), it sounds like you may be in an abusive spouse situation, which
could temporarily or permanently solve your problem. Also, if you
know your child is being abused by his/her mother and can document
that (including the refusal to allow you visitation, perhaps), that is
another factor in your favor.

See here:
http://www.ins.usdoj.go-
v/graphics/howdoi/battered.htm

This won't necessarily get you a green card, but if approved it will
keep you out of deportation temporarily and able to obtain work
permission and a social security number. If approved, but you later
get ordered deported, it will be very helpful in obtaining
cancellation of removal and adjustment of status (it represents an
approval that an extreme hardship will be experienced by you and your
child if you are removed).


CP

Mrtravel

Ben Johnson wrote:
    > Not to get too carried away, but just to play devil's advocate for a
    > moment....
    > If you are an illegal alien (from a 3rd country) coming in from Canada...are
    > you going to try entering at a border crossing and risk being caught....or
    > take a 2 mile hike into the woods and cross over a 3 foot fence in the
    > middle of nowhere.
    > Point being....just because someone crossed over from Cnanda, does not imply
    > using a POE, as it is so easy, not too.

I believe the original poster had legal status in Canada.

Mrtravel

Chris Parker wrote:
    > > i just want to let all of you all know, that my lawyer prepared a
    > > letter telling the ins that i am here illegally.
    > If Emily requested/authorized that (this lawyer represents you or
    > her?), it sounds like you may be in an abusive spouse situation, which
    > could temporarily or permanently solve your problem.

What are you talking about? Most of the time, it is his spouse doing the
posting here. Where did you see a sign of abuse? They decided to come
clean
with INS so that they could have a normal life.

Folinskyinla

Hi:

Ok, Rete has clarified the story somewhat. I'd look into DETAIL as to the manner of your entry into the United States. It is not necessary that your entry was "legal" -- just that you were "inspected." The only subtle point in this is that entry as a US citizen is considered being without "inspection" because once citizenship is established, that is the end of inspection and no inquiry is made into issues relating to aliens. There is an old BIA case by the name of Arrequin [speilling] where alien mother sat in back seat of US citizen son's car -- she was not questioned.