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Removal Proceedings

#1
07-06-2010, 03:56 AM
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Joined in Jun 2010
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Duhay18
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My family and I are currently under removal proceedings due to a lawyer who fucked us over. Is there a way I can get deferred action? Did the letter senators Durbin and Lugar sent push through and persuade DHS?
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#2
07-06-2010, 05:41 AM
Senior Member
Joined in Aug 2009
412 posts
Invictus
20 AP
Hi Duhay

I did some googling and found this article detailing benefits available during removal proceedings. I don't know if there is a way to overturn them, but your best bet is to trawl through magazines, newspapers etc for "Free Consulation" or "Pro Bono" immigration lawyers, call them up and start asking questions.

If I could ask, what did the lawyer do that landed you in the situation?
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#3
07-06-2010, 05:45 AM
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2dreamORnot2dream's Avatar
2dreamORnot2dream
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This might help

http://www.immigrationlegalteam.com/...n_Defense.html
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#4
07-06-2010, 05:50 AM
Senior Member
Joined in Aug 2009
412 posts
Invictus
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Here's a short summary from this very own website

http://dreamact.info/students/legali...ary/in-removal
Quote:
Ways to legalize
In removal/deportation proceedings
By Abaddon - 286 AP
Last edited: 13 Mar 2009 - 11:15pm
This sections deals with individuals who have been placed in proceedings by either the former INS or DHS. The following are usually the last options to stay inside the United States.

Cancellation of Removal-Requires a person to be in the United States for at least 10 years, have good moral character [no criminal record] & proof that their departure would cause extreme & exceptionally unusual hardship to an immediate relative Permanent resident or U.S. citizen. It is not an easy immigration benefit to pursue while in removal proceedings.

Suspension of Deportation-Rare, but this benefit only applies to people who had removal proceedings pending before 1996. This was the immigration benefit prior to Cancellation of Removal before the 1996 immigration laws were passed. The benefit was relatively easier to attain than cancellation of removal since the general requirements were easier to attain. They were 7 years continual presence in the United States, good moral character & proving extreme hardship to yourself or your legal permanent resident or citizen immediate relative.

U.S Asylum-Not an easy benefit to acquire, but if you have a well rounded fear of your country of citizenship based on nationality, race, religion, political opinion or membership in a particular group then you should check out this benefit with your attorney.

CAT[Convention Against Torture]-Similar in scope to asylum but with harsher requirements & possibly the most difficult immigration benefit to acquire in this glossary. The requirements showcase there must be an extreme form of cruel and inhuman punishment which causes severe pain or suffering in order to successfully acquire this benefit.
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#5
07-06-2010, 10:16 AM
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Joined in Jan 2009
756 posts
Diplok
29 AP
Oh man. I am so sorry to hear this. Get a lawyer, ASAP and not just any lawyer, get the best immigration lawyer you can. This is one of the hardest things to overcome.
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#6
07-06-2010, 11:41 AM
Junior Member
Joined in Jun 2010
6 posts
Duhay18
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Quote:
Originally Posted by Invictus View Post
Hi Duhay

I did some googling and found this article detailing benefits available during removal proceedings. I don't know if there is a way to overturn them, but your best bet is to trawl through magazines, newspapers etc for "Free Consulation" or "Pro Bono" immigration lawyers, call them up and start asking questions.

If I could ask, what did the lawyer do that landed you in the situation?
Well right now the lawyer is in jail due to previous records of visa fraud but he screwed us over by giving us the wrong advice. See the thing is my mom is a general dentist who passed all the exams and blah blah, but this lawyer insisted that my mom file a petition as a dental assistant for reasons I still dont know why. He was very persistent and confident that this could be done so my mom decided to proceed with it even though she knew she was not working as a dental assistant.
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#7
07-06-2010, 02:20 PM
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Joined in May 2006
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Ianus's Avatar
Ianus
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Quote:
Originally Posted by Duhay18 View Post
Well right now the lawyer is in jail due to previous records of visa fraud but he screwed us over by giving us the wrong advice. See the thing is my mom is a general dentist who passed all the exams and blah blah, but this lawyer insisted that my mom file a petition as a dental assistant for reasons I still dont know why. He was very persistent and confident that this could be done so my mom decided to proceed with it even though she knew she was not working as a dental assistant.
Wait a minute....your Mom can't file any petition,only an employer can do that.Wasn't the employer also implicated in the visa fraud ? What type of degree does your mother hold as well.

There may also be a way to placate this scenario .....but only if you're interested.
__________________
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#8
07-06-2010, 07:29 PM
Senior Member
Joined in Aug 2009
412 posts
Invictus
20 AP
This story is literally the poster-child for Immigration Reform.

You didn't break the law, you didn't come here illegally, you didn't do anything wrong. Other people screwed you over.
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