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My Attorney USA Board :: Removal and Deportation |
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Subject :Arrested by immigration..
13-02-2010 07:52:27
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| vladsimonenko |
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Joined: 13-02-2010 12:39:33
Posts: 3
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Dear Attorneys:
I have a question and will be very grateful if you answer it here. I am a US citizen. My girlfriend is here illegally. Years ago she came from Ukraine and applied for asylum. It was in California. Now we live in New York, in Queens.
She had an interview with some officer and was told that she would receive a letter with a decision in her case. it was in 1994. She received a letter which said that she would get another one with a day to come to court as they could not grant her asylum. She never received a letter. Several years later she moved to New York. Seven years ago we met and dated for a while. We decided to get married in July. I read on the internet that I could file a request with Immigration to receive copies of her entire file. I helped her do that about two months ago. She received a letter that her request will be processed. Last week a number of officers, like a the movies arrested her in front of our house as she was going to work in the morning. She said she was expalined that there was an order for her deportation dating years back. I am frustrated and do not know what to do. Please help me understand what is happening.
Vladimir. |
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Subject :Re:Arrested by immigration..
13-02-2010 09:27:35
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| A.J.Segal |
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Joined: 22-09-2009 22:57:26
Posts: 9
Location: New York |
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Dear Vladimir: Your girlfriend's situation is very fact-specific and requires individualized attention. I suggest that you contact our office to discuss this matter in private. Alexander J. Segal. |
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Last Edited On: 13-02-2010 09:28:22 By A.J.Segal for the Reason |
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Subject :Re:Arrested by immigration..
13-02-2010 20:02:29
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| vladsimonenko |
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Joined: 13-02-2010 12:39:33
Posts: 3
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Dear Mr Segal:
I get it that hiring an attorney might be the best course of action, but before I do that, I would like to understand what is going on and why was she arrested. After all, she has lived here for years, paid taxes and violated no laws. In addition, she had no idea she had been ordered deported years back. Now she indeed faces physical deportation from this country and separation from me. |
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Subject :Re:Arrested by immigration..
14-02-2010 08:10:01
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| A.J.Segal |
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Joined: 22-09-2009 22:57:26
Posts: 9
Location: New York |
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Ok. Let's start with the fact that she did violate the law. Even if she has not been engaged in any criminal activity, she has stayed in this country years after her authorized time expired. That is a violation and you must accept this fact if you truly want to understand the situation. Then, immigration law allows for the court to proceed without her presence if she does not appear at her properly scheduled hearing in court. You are saying she had no idea about having a hearing scheduled in immigration court. Assuming that this is true, she can petition the court even now to reopen and cancel her deportation order. Now, this is a cumbersome process, which she would be well-advised to hire an attorney to pursue, but as I have said, it may be possible. Once her deportation order is canceled, she will be able to petition to be released on bond (an amount of money posted to secure her return to court for future hearings). |
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Subject :Re:Arrested by immigration..
22-02-2010 16:48:19
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| vladsimonenko |
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Joined: 13-02-2010 12:39:33
Posts: 3
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OK, I understand it better now. How realistic is it for the court to reopen her deportation and how soon can she be out if successful? After all, she being there for a while already and I am very concerned. |
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Subject :Re:Arrested by immigration..
23-02-2010 15:38:18
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| A.J.Segal |
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Joined: 22-09-2009 22:57:26
Posts: 9
Location: New York |
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Generally speaking, and based on what you have told me so far, namely her having had no information about then upcoming hearing, I suppose, she may have a shot at it. Beyond that, I can tell you precious little with the information I have so far. You need to seek more specific legal advice. For that, you will be best advised to see an attorney in person and discuss this matter in more detail. Good luck. |
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