According to ICE officers my stepfather was being deported today, what can we do?
My stepfather is a good man. He missed his appointment with a judge for his immigration case on August 21, 2006. he missed the court date because my mother was going to be induced because she was overdue with his youngest daughter. My stepfather understood in the previous court date that if he did not attend court on august 21, 2006 he would be deported. So he didn't know that he had a couple of months to reopen his case, until he was detained. Ice officers came to our home and they gave us a bunch of bull that someone was using our address and that he was accused of fraud and so on. my grandmother didn't know better so she opened the door. they came in and took my mom and my stepfather. my mother was released but my stepfather was sent to Mira Loma detention center, then he suffered an anxiety attack and then was moved to Santa Ana Theo Lacy, then was moved to James a Musick in Irvine.His boss hired a lawyer. All i know is that tried to do a motion to reopen and that was denied by a judge then he did a Board Of Immigration appeal (i think) so he could stay here in the US and it was denied as well on Monday, January 24,2011. so yesterday January 25th he was sent to San Diego then to Arizona where he would take a flight to El Salvador. my stepfather had both a NACARA and Asylum pending. He was in the US for 20 years, hes paid taxes since hes been here, had a DUI in 1995 did whatever the judge told him to, he hasn't done anything since. He has 4 children a 2 his biological both girls ages 4 and 12 and then my brother and i which he has taken care of us since we were 2(my brother now hes 17) and 3(myself now 18). He didn't get married with my mom because she was undocumented as well. If you want to know more just ask ill answer the questions. What i want to know is how can he come back to the us and how can i find out what are the amount of years hes been banned. i hear that it can be from 3- 10 yrs. i just want to know how i can find that out. and if there is anything i can, my family can do at this point. also how do we find out if he actually was deported. please people help. i don't know who to ask. I can't really trust lawyers at this point.
Immigration - 8 Answers
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Even though the ban is 10 years in reality most people are never allowed back in.
He is banned for at least 10 years and even then will probably not be allowed back everyou can go to visit him anytime ..and in fact you should go to give him support at his new home for a while
When they deport him they will tell him all of the specifics about when he will be eligible to return...if at all. They may charge him with a felony for being in the country illegally and he will be fortunate to not have to do any jail time as a result. Judges can get really nasty when people don't listen to them. So regardless of the reason for missing a court date, and sometimes it is a legit reason, judges have absolutely no patience and they forget that they are dealing with people. To a judge the person is just a case number going through their court, and what they do to one person they do to them all....if that makes sense. I work with judges all of the time and I see how they treat people, and their egos are absolutely off of the charts. If someone doesn't show up for a court date or do what they are told, the judges throw the book at these people. It sounds like that is what is happening with your grandfather. My best advice would be to start the visa process as soon as his deportation is complete. It will likely take 2-3 years to complete the legal immigration paperwork and by that time he would be eligible to return.
Your stepfather does not sound like a bad guy, but he ignored the immigration policies of this country over and over again, always comming up with excuse after excuse. If he does get an appeal, and is allowed to stay, I hope he learns to respect this countries laws and abides by them. Did he ever apply for U.S. citizenship? After 20 years in the U.S. I'm sorry to hear that, and sorry to have your family torn apart, but he is not legally suppose to be in the U.S. You need to trust an immigration lawyer.
Never mess with the courts. He knew he would be ordered deported if he failed to appear for his scheduled court date, and he did not appear. He has been in violation of immigration and other laws for a couple of decades? Of course, he's being deported. There is absolutely nothing you can do. You have apparently exhausted every avenue, but the fact remains, he violated immigration laws. He's being deported. Considering the length of time he was illegally in the US, he is barred from reentry for at least 10 years. His natural-born children have a right to citizenship in their father's country of citizenship. If he failed to obtain Salvadoran passports for his children, then he has neglected to protect their rights. However, he still may be able to get passports for his kids. This way he can have them stay with him at any time for however long without any visa or immigration hassles. Those anchor babies are not going to save your mother if she is also an illegal alien. They know she is illegal and she can still be deported at any time. If she ever wants a chance to become legal, she will return voluntarily to her country of citizenship so that she can complete her 10 year bar. If she has a child who is a US citizen, after the child turns 21, and if the child earns enough to support its mother, the adult-child could petition for the mother's admission AFTER the mother completes her 10-year bar. Her children also have a right to citizenship in their mother's country of citizenship, so she can obtain passports from her country's consulate and take them with her. There is no reason to separate parents & their children since children have an automatic birthright to citizenship in their parents' country. If any of the children here are illegal aliens, they must return to their country of citizenship before they turn 18. If they do, their parents' illegal acts will not be held against them. If they qualify, they can then apply for a proper visa. If they do not return home voluntarily before turning 18, they are then choosing as legal adults to violate the law. Thus, they become subject to arrest, detention (jail), deportation and 10 year bar to reentry. By the way, it sounds like your stepfather was using false, forged or stolen ID to work. If charged with identity theft, identity fraud, use of a forged instrument, forgery, etc, he is permanently barred. Illegal entry is actually a felony under the law. If he was charged with any of these additional major felonies, he is never returning. Convicted felons are permanently barred from reentry. Your best bet is for the whole lot of you to go to El Salvador where this man has to remain, and where he can work and support you all.
You do not trust lawyers because they cannot tell you that there is a way to keep your stepfather in the US. As you acknowledged, your father was warned of the severe consequences of missing that August 2006 court date. I understand that it was important for your father to be with your mother while she delivered a child, but according to you, your father "didn't know that he had a couple of months to reopen his case, until he was detained." This means that your father did not bother contacting the court after your sister was born. He just hid out, apparently hoping ICE wouldn't come find him, but they did. Your father is partly to blame for his present circumstances. It is unfortunate that lax immigration enforcement allows men like your father to live here illegally for years while having and raising children, who then lose their fathers when law enforcment finally catches up with them. I am sorry about your family losing your father, but unfortunately, even though he made many attempts to get papers, he lost a small but critical window of opportunity when he did not act responsibly and contact the court after missing the August hearing. At least your mom is allowed to stay here even though she doesn't have papers, either. BTW, taxes are paid to cover public services everyone uses like police, fire, street maintenance, and business regulation. Paying taxes while working illegally does not confer a path to citizenship in any country that I know of.
Nothing you can do at this point. Deportation carries a 10 year ban on returning. He missed his court date,doesn't matter what the reason was. Is the rest of your family here illegally as well? I assume your younger sibling were born here,but what is your status,your brother and your mothers status?
He should do the right thing and get legal citizenship. Our country does not have enough $$ to support anyone who is not a legal citizen.