Order of Deportation / Can You Get a Green Card?
Do you have an Order of Deportation and You’re Wondering If You Can Still Get a Green Card? Andres talks about this today by sharing examples of how he has helped clients in this same situation.
Andres Mejer Last segment. I want to talk about case studies specifically what happens if you have an order of deportation. Can you still. Get a Green Card in the United States? I am right now outside of the ICE’s office in Mt. Laurel. I will be going very shortly with my client who has an order of deportation and in is going to check in with ice. Let’s first talk about Julianna and Fernanda, Fernando. They came to speak to me last week. They hired a Philadelphia attorney who just recently lost his license. Now Juliana is a U.S. citizen. Although our family’s from Brazil and Fernando was born in Brazil he entered the United States without permission or illegally. Fernando was in Rome had filed for asylum. For some unknown reason, I’m not sure why, went to trial, lost. Filed an appeal. Lost, all with an attorney. Then he married Juliana and Juliana filed for Fernando. They were. Assigned an interview. For the I-130 to document the relationship. That’s the immediate relative petition. And. The attorney did not go with them. Well, one because he lost his license. But they did meet with him and he still wanted to charge him to send somebody which was very nice of him. I didn’t explain to them what was going to happen. Either because he didn’t know or he just didn’t care. And Fernando was immediately detained by ICE. Obviously Juliana was in tears her whole family was there. It was a really sad situation. But it was 100 percent. Foreseeable.
Andres Mejer What they needed to do was to go to the interview with a stay of removal request and a valid passport already filled out and ready to go to request him to be released. If USCIS approves of their relationship. Which they likely would. From what I saw they had a lot of proof. The next step would be to file a waiver for the I-212. That waiver would overcome the order of deportation. Once that waiver is approved, it needs to file for a second waiver. I know this is ridiculous. The standard for both waivers is the same. The difference is you can’t file for the second wave with the I-601a when you’re inadmissible to the United States for any reason other than illegal entry and overstaying. So if you have prior criminal conduct if you have an order of deportation you will need a separate waiver first. So in the case of Fernando, he needs to do the I-212, overcome the order of deportation. The moment he does that he’s no longer he’s not going to be deported. Then he needs to file the I-601 waiver. Once that’s granted. He’s now been. He’s now overcome his inadmissibility. So today before that waiver is approved if he leaves he can’t come back for 10 years. That’s his punishment and he has to leave in order to get his Green Card. So by filing the two waivers. He then overcomes the two things that make him inadmissible. Pretty much. He overcomes the two things that would keep him from returning to the United States. His attorney didn’t explain any of this to him. Maybe that’s why he lost his license. He’s actually not a guy you ever heard up and never heard of his name before. So they went to the first stage not knowing about Stage 2 3 or 4.
Andres Mejer Hundred percent foreseeable. 100 percent fixable.
Andres Mejer But they’re going to have to do a whole lot of effort in a very short period of time. Because today Fernando is detained, so ice is going to look to deport him as quickly as possible. That means they need to file that stay request A.S.A.P. once that’s granted. Then they need to file the I-212 once the I-212, then the I-601a, then he gets an interview in Brazil at the U.S. Embassy, leaves there, has that interview gets the stamp which makes him a Green Card holder and you can enter the United States. Now how do I know it’s possible because I’ve done it. Matter of fact I’m here outside an ICE’s office on almost the same case to do that very thing except in this case we already have the I-130 approved. My client so his name’s Arav. It’s not his real name and his wife’s Kira was again a U.S. citizen. I have is from India. He has an order of removal. He is married to a U.S. citizen. At its first interview, USCIS approved their relationship. I-130, ICE did put an ankle monitor on him rather than detain him. Three months later we got it removed. Now he does need to check in regularly which is what we are doing today. Arav and Kira are working on their I-212 waiver. The moment they have they have a solid case. We got Arav employment authorization he got his commercial driver’s license he was a truck driver in his country and now he’s doing it here in the United States. So he will be going for his waiver and then a second waiver that he was.
Andres Mejer But he knew what the process was because we explained to him there were no real surprises here because we told them what to expect. This is doable. It just takes preparation and a lot of time and energy. So if you have an order of removal it doesn’t mean the end of the world for you. You still might have some options like a U visa or family-based petitions. Parole in place, VAWA, If you’re a minor special immigrant juvenile, there’s always asylum. If you know if you’re afraid to go back to the country because some that happened the past year. So my name is Andres Mejer. If you have any questions or issues please come below follow if there’s particular case studies you’d like to hear about whether it’s parole in place, special juvenile, we’ve seen them. We’ve seen just about everything and we’ve done just about everything.
Andres Mejer So if there’s a particular story you’d like to hear let us know and we’ll make a segment about it. Thank you very much. The next time.