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DAP Forums > Other Topics > New Members

Hi I need Helppppppppppp - Page 2

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#11
10-30-2013, 10:01 PM
Junior Member
Joined in Oct 2013
3 posts
JohnnyBazooka
0 AP
I am not an attorney, or certified to give immigration advice in any way. My views are personal opinions and you accept responsibility for any and all actions you take, and should consult a certified immigration attorney before doing anything.

That being said, here is my opinion:

You have four kids I presume are U.S. citizens, and they are all young and dependent on you for economic support. In removal proceedings (which start once you receive an NTA), you can request a judge stay your order of deportation, provided you can prove unusually extreme or compelling circumstances that would result if you were deported. If a judge agrees to suspend your deportation order, you receive a green card.

As it stands, your only option is to "force" immigration to put you in removal proceedings, then argue in front of a judge that your children would be adversely harmed in an extreme and compelling manner if you were deported, with the hope that he/she agrees. This process in and of itself can take years, and needless to say, is very very risky- to trigger it, you would have to file for asylum. If the judge disagrees, you would be deported and your children would be put in foster care.

Alternatively, since your eldest is 15, he can sponsor you for a green card when he turns 21, assuming you came in on a valid visa. If you didn't come in on a visa, you are out of luck in terms of getting a green card through any means other then the one described above, even through marriage.

However, I would not do it. It is way too risky and reckless, and you shouldn't poke the government with a stick.

BUT it does mean that, for all practical purposes, you are a very difficult person to deport, since you can always file for a judge to stay your deportation order if you are ever in removal proceedings.

Hope that helps. Godbless.
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#12
10-31-2013, 05:48 PM
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Joined in Nov 2010
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Morrow's Avatar
Morrow
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Quote:
Originally Posted by JohnnyBazooka View Post
If you didn't come in on a visa, you are out of luck in terms of getting a green card through any means other then the one described above, even through marriage.
I thought there's new way of adjusting status for EWIs.
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#13
11-03-2013, 09:34 PM
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JohnnyBazooka
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Quote:
Originally Posted by Morrow View Post
I thought there's new way of adjusting status for EWIs.
There is. It works something like this: You apply for a waiver of the 10 year ban imposed on you for illegal presence in the U.S. before leaving and get a decision before departing. That decision is based on the same factors described above- compelling circumstances for a USC/LPR relative. Then you get to your original country and apply for a green card, and waive the bar.

Trouble for her is... how is she going to apply for a green card assuming she gets the bar waived? She needs a viable path to a GC before going that route.
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#14
11-03-2013, 09:40 PM
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3 posts
JohnnyBazooka
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Quote:
Originally Posted by Morrow View Post
I thought there's new way of adjusting status for EWIs.
Actually Morrow I was reading your information post and had a question. What was your age when you entered the U.S. in 1997?

It is unlikely you can get a waiver, but if you were younger then five there may be another way. An individual does not accrue overstay under the age of 18. If you got DACA approved within six months of turning eighteen, you aren't subject to any overstay ban.

Find an employer to sponsor you for an employment visa, then return to your country for the interview on on payroll. Reenter the U.S. on your visa and adjust status either through employment or marriage later.
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#15
01-03-2014, 01:54 PM
Junior Member
Joined in Aug 2013
20 posts
Bahamadreamer
20 AP
Quote:
Originally Posted by JohnnyBazooka View Post
I am not an attorney, or certified to give immigration advice in any way. My views are personal opinions and you accept responsibility for any and all actions you take, and should consult a certified immigration attorney before doing anything.

That being said, here is my opinion:

You have four kids I presume are U.S. citizens, and they are all young and dependent on you for economic support. In removal proceedings (which start once you receive an NTA), you can request a judge stay your order of deportation, provided you can prove unusually extreme or compelling circumstances that would result if you were deported. If a judge agrees to suspend your deportation order, you receive a green card.

As it stands, your only option is to "force" immigration to put you in removal proceedings, then argue in front of a judge that your children would be adversely harmed in an extreme and compelling manner if you were deported, with the hope that he/she agrees. This process in and of itself can take years, and needless to say, is very very risky- to trigger it, you would have to file for asylum. If the judge disagrees, you would be deported and your children would be put in foster care.

Alternatively, since your eldest is 15, he can sponsor you for a green card when he turns 21, assuming you came in on a valid visa. If you didn't come in on a visa, you are out of luck in terms of getting a green card through any means other then the one described above, even through marriage.

However, I would not do it. It is way too risky and reckless, and you shouldn't poke the government with a stick.

BUT it does mean that, for all practical purposes, you are a very difficult person to deport, since you can always file for a judge to stay your deportation order if you are ever in removal proceedings.

Hope that helps. Godbless.
I am too scared to do that!! Thank you for your input!!
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#16
01-06-2014, 09:32 PM
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212 posts
AngelFace
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Quote:
Originally Posted by Bahamadreamer View Post
I am too scared to do that!! Thank you for your input!!
Even if you were to apply for "Aslym you won't get it people from the Bahamas don't quality.. Hold on Sweetgirl, Change is Coming I'm turn 33 in May and I was in the same boat as you when DACA passed. But I have family members that qualified and they are ok.
God Bless
#ChangeIsComing
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#17
01-07-2014, 04:08 AM
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Joined in Apr 2013
67 posts
Marie123
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If your 15 yr old joins the military later on she can still petition for you when she turns 21 even if she wereEWI. Thats a new law!
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#18
02-04-2014, 11:14 PM
Junior Member
Joined in Aug 2013
20 posts
Bahamadreamer
20 AP
Quote:
Originally Posted by AngelFace View Post
Even if you were to apply for "Aslym you won't get it people from the Bahamas don't quality.. Hold on Sweetgirl, Change is Coming I'm turn 33 in May and I was in the same boat as you when DACA passed. But I have family members that qualified and they are ok.
God Bless
#ChangeIsComing
Wow for some reason what you said gave me life!!
Thank you
And may God's blessings always remain with you!! 💋
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