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WIll me wife kids and I have to leave the country?

Posted on: 2009-09-03 17:14:33]

Explanation:
My wife's I-485 was denied in Aug. 2009 based on an order to be removed from the US in 1995. My wife did not receive the letter (confirmed by her brother who threw it away without sharing it to her because others had been deported,). We hired a lawyer to ahve the case reopened? Meanwhile, I am a US citizen, we have three kids -11, 7, and 2. My wife has been in the US for 17 years and has not been back to Mexico. SHe speaks fluent English, has a GED and is currently in college in a nursing program. We just bought a new house and also have a second home. What are our options, or are we going to ahve to leave our home, go to Mexico, where myself nor our kids have ever been to and where my wife has not been since 1993? Her entire family now lives in the United States. We have lost all the money we have already given to the INS and have hired a lawyer. She is requesting all case files through the Freedom of Information Act but is unsure if the judge will grant the motion to reopen this case? If my wife is deported she can't come back to the US for 10 years...meaning all the work we have all done and specifically she has done will be lost.
Answer:
Your wife maybe, you and your kids since you are citizens don't. your situation seems unfortunate however since you already hired and immigration attorney you are on the right track.

The government is going to hold your wife responsible for having a valid mailing address and a phone number. The situation of her brother discarding a key piece document does not excuse her from being responsible in ICE's eye about knowing her status.

In the end, your attorney even if the old case is not reopened, has to pettition for your wife emphasizing the fact that she no longer has ties with her former country of birth, has a family here and is an assimilated productive member of her community.

There are several immigration laws protecting the integrity of families that your attorney needs to bring up with the court to overturn the prior deportation decision or to get a new judgment granting amnesty.

This is a public forum please discuss the specifics of your case with your attorney. If you need a second legal opinion, we can be reached 310.600.9704 for any questions

Answered by:
Brad Yasar
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