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Maria has a sister who is a U.S. citizen Maria. And this they were both born in Italy but the sister came in and married a U.S. citizen who filed for her. You know they have three kids now Maria’s sister is a U.S. citizen. Maria’s sister wants to file for Maria now. Here’s what happened. Maria entered legally but overstayed her visa. They filed before 2001. Actually in 2000. So she’s 245-I eligible. The fact that she overstayed her visa would mean she would still be allowed to enter and change her status legally in the U.S. But here’s the problem Maria’s sister moved since 2000 multiple times and so did Maria.

Transcript:

Andres Mejer: So let’s talk about Maria. These are real stories in real cases I’ve handled. I just changed the names for their privacy. So Maria has a sister who is a U.S. citizen Maria. And this they were both born in Italy but a sister came in married a U.S. citizen who filed for her. You know they have three kids now Maria sister is a U.S. citizen. Maria’s sister wants to file for Maria now. Here’s what happened. Maria entered legally but overstayed his visa. They filed before 2001. Actually in 2000. So she’s 245-I eligible. The fact that she overstayed her visa would mean she would still be allowed to enter and change her status legally in the U.S. But here’s the problem Maria’s sister moved since 2000 multiple times and so did Maria. So in about 2014 Maria’s petition was approved but because they didn’t file it with an attorney they said that they were going to consulate process which is outside the U.S. So the embassy sent Maria and his sister a notice saying hey we’re ready for you pay the fees and we’re going to give you your it’s actually national Visa Center not the embassy pay your fees and we’ll give you your interview date when a year went by the National Youth Center sent another notice saying hey we haven’t heard from you in a year. Your petition is your visa is available. If we don’t hear from you within a year we will consider your petition abandoned a year went by. No response. Visa terminated considered abandoned and that visa number released. So now Maria and her sister come to us and say Hey we’ve been waiting all this time what’s going on. We request all the documents from the government. And there we see that they, in fact, did send a notice. On two occasions to the correct address. That was the address that they gave at the time. They didn’t inform immigration that they moved. So, unfortunately, immigration did what did the right thing. They sent a notice to the right place. If they said to send it to the wrong place then Maria could argue how would I have known if they if the government a mistake and sent it to the wrong place. But here Maria is in a bind because she didn’t update and neither did her sister. Now we are trying to get the I-130 the document that Sister initially filed for her to get re-opened and adjudicated and but again now we’re asking for the government to use their discretion favorably. They don’t need to. There’s no obligation under the law. They could do it if they wanted to do it. It’s hard to do that today but that is the process. And you know we hope to have a positive resolution. We’ll find out in the future. Now let’s talk about George George the difference because George was in removal proceedings. He was accused of domestic violence and placed in removal proceedings. He got out after paying a ten thousand dollar bond. He married a U.S. citizen his longtime girlfriend then became then-wife filed for him. 

Andres Mejer: They have two kids together. 

Andres Mejer: Now here’s the problem. Immigration sent them a court notice saying you have to appear on this date at this place and George never got that notice. George’s wife never got that notice. So when that date came and went no one appeared. The judge ordered him deported. Now you only get an immigration bond with someone who has to come and pay for it. Usually, it’s a U.S. citizen or Green Cardholder. It was not his wife. It was a relative that did it. Excuse me was if actually a family friend now family friend gets a notice saying hey if George doesn’t appear by this state you will lose your bond. So being a good friend he gives that to George says hey I don’t know what’s going on but maybe you should take a look at this. So he calls the attorney goes to her office at least four times never get a return phone call doesn’t hear from her at all. He goes to that meeting which turns out to be ICE he gets arrested and the government’s going to deport him. That’s what they’re looking to do. That’s when George’s wife came to us. So what happened. They moved. George moved. He gave his attorney their address. He filled out the phone of the attorney requested him to fill out but the attorney never mailed it. So the courts didn’t know he had moved and didn’t send it to. They sent it to the last address. Now. We immediately filed a motion to reopen with the immigration judge. We explained what had happened that he thought he did the right thing and we could prove that he did because he kept a copy. So we were able to show this and this is what he did. This is what happened. The judge agreed to reopened it and gave him his day in court. He was released under that ten thousand Taliban because circumstances haven’t changed. And his petition is pending. His wife has filed for him and he will likely have a trial in front of the judge or the judge will be remanded down to two USCIS to adjudicate the Green Card petition. But the point is here it was salvageable now had his wife not contacted us immediately because he’s from Mexico. He would’ve been gone in less than seven days. We were able to get him out by filing that motion automatically stop the deportation until the judge made a decision. The judge made a decision three weeks later which is phenomenally fast. I mean nowadays we’re seeing months and months. To reopen the case and he’s is his detention ended but his removal proceedings are still continuing. So incredibly important to keep your address up to date with immigration or with the courts because if you don’t the only person that suffers really is you. Thank you for taking the time to listen to our program. 

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Ice Deportation

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¿Te preocupa la deportación?