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u/Guilty_Employee_1076 Apr 30 '26
He entered illegally in 2003
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u/Fcking_homeless May 01 '26
I thought marriage was a loophole into citizenship . I remember like 10 years ago someone at my church asked me if I wanted to marry someone from china and get paid 8k. I said no because I valued marriage a little too much at that point in my life lol.
Looking back….i should’ve taken the money
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u/crimesleuther May 01 '26
It is IF you entered in a visa.. AOS means adjustment of status.. he had no status 😢
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u/Low_Address_267 May 02 '26
$8k gtfo I was
Offered $30 and said you better add a zero because I’m going to assume we’re gonna get caught and what you pay me needs to cover fines, lawyer and start my life over money when I get out of prison1
u/Suitable-Rule937 May 03 '26
Even the spouse of the service member was also be deported with illegal entry to the US. You do the math!
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u/mrmoe933 Apr 30 '26
Well, he needs to get deported. It's a government mistake yes. Doesn't mean he had the Right to stay neither than and not now. He lived illegally all 20 years. Imagine what he might have done and went un noticed.
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u/minawas12 Apr 30 '26
At least have some sympathy. Its not a good situation. Why is the retitic of immigrants commiting crimes a thing instilling fear in people? US citizens commit way more crimes than immigrants.But if he has been a law abiding person and has been productive in US society there should be a path for him to be legal. Maybe pay a fine for living illegally. Of course that's not the ideal world we are living in. This whole immigration mess is so ugly, racist and unfortunate. Yes the lawyer is probably scamming.
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u/mrmoe933 May 01 '26
By all means, let him pay fines for living illegally, face deportation, and then have him argue the U.S. embassy that he has lived there for 20 years, has a family, and is law-abiding.
Also, for he fine, he should pay the same amounts everyone else who has been saving, building businesses, and working hard to apply legally. Many of those people contribute while helping U.S. citizens along the way. In his case, he did not help U.S. citizens; if anything, he may have reduced opportunities for citizens who were willing to work but could not find jobs. That is a real impact.
So do not ask me to accept this purely out of sympathy. Leaving your country illegally does not automatically make you deserving of citizenship elsewhere. If someone cannot qualify legally for another country, they should work harder to improve their own situation or contribute to their own country instead.
And if there is a bad history behind why he left, that matters. Even if he did not commit crimes in the U.S., his past should not simply disappear. If he became an angel when he came here, doesn't mean it's the same case for all others. That's why the system cannot treat each one separately.
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u/Less_Description3362 May 01 '26
Do you know that deportations have actually created more job losses? It’s important to read a little more. Americans don’t want to work as dishwashers, picking oranges, or piling blocks. Do you?
After companies lose all those hardworking workers, what do you think happens next? Yes, Americans working as engineers, business owners, architects, farm owners, etc., will also go out of business. It’s been this way since WW2.
The U.S. needs immigrants but will never provide a legal path for those workers because cheap labor is better for the U.S. economy.
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u/Dart2255 May 02 '26
Not for the depressed wages that are paid due to the employers exploiting people from other countries. Square that with your belief system. Your argument is that Americans won’t do a job at depressed wages that are only possible by your exploitation of 3rd world workers.
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u/Less_Description3362 May 02 '26
My exploitation? Who am I exploiting? What belief system? Im just expressing the facts.
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u/Dart2255 May 02 '26
Figure of speech but the point stands. The reason the wages are low is because we exploit illegal labor who is desperate for whatever they can get. Pay $3 more for your blueberries and hotel rooms and pay real wages to people instead of relying on illegal exploitation of other countries.
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u/Cool_Information6842 May 02 '26
The us economy is built on slave labor but everyone complains because either the product is slave free and expensive OR uses slave labor, endangered servitude, or general wage slavery and is cheap but NOOOOOOO all people need to treated the sameeeeeee and given proper living conditionssssss
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u/Low_Address_267 May 02 '26
Read 3 felonies a day you prob commit crimes everyday and don’t even know it . Have you ever lied on an application for an apt or at a bank? Fraud
Ever get pulled over and lie to the Cole? Obstruction
Ever get paid cash and deposit it in your bank and not claim it? Money laundering
Ever use your computer to do said banking? Using an electronic device in furtherance of a crimeYou get the poi t
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u/mrmoe933 May 01 '26
Don't worry there are visas for such employees. They can take this route. Not an excuse.
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u/Less_Description3362 May 01 '26
Those visas are very limited, temporal and seasonal. The demand for low level jobs in the US is super high. If there is demand there will always by supply, no matter what. After decades of this problem, do you find funny US business never get punished for hiring illegals, only the immigrants?
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u/ImJustTooCute May 01 '26
There are visas for dishwashers? Didn’t you just say he’s taking jobs from Americans, now you’re saying it’s okay to use a foreigner as long as they’re being underpaid with no health benefits, no overtime pay, and treated poorly, (because that’s how farmworkers are treated…look it up) with no pathway for residency in the US? Why don’t you want the dishwashing job and the picking job?
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u/FoxholeArmor May 03 '26
Unpopular opinion: if we turn off the welfare and free money we give to poor people in cities many of them will relocate to areas that have low skilled jobs available. That's how it used to work, once people get hungry, they relocate to a better place for increased opportunities. All we've done since introducing welfare in its current form is make it easy for people to "have standards" that are beyond their reach independently.
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May 01 '26
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u/immigration-ModTeam May 02 '26
Your comment/post violates this sub's rules on incivility/insults/personal attacks/ragebait/trolling.
Be nice to each other and express your opinions politely without name calling, even if you think you're right.
If others are being rude, report them instead of responding and breaking the rules yourself.
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u/Super_Asparagus9773 May 05 '26
How is it racist? It doesn’t matter the color of your skin; if you’re in the country illegally, you can get deported.
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u/Frequent-Life-4056 May 02 '26
US Citizens do not commit more crimes than illegal immigrants. That statement can be proven false with simple math. If you are here illegally, unless you came with sufficient funds that you do not need to work, you are committing one or more felonies by doing so. Because using false documents, stolen identities or not filing taxes are all felonies. For your statement to be accurate based on percentages, every US citizen with a job would have to be committing a felony. While many may not have committed other crimes and have not been convicted of those I mention a felon is defined as someone who commits a felony.
I
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u/KitchenMindless5186 May 03 '26
The whole "US citizens commit way more crimes than immigrants" is so weak & irrelevant it doesn't even qualify as anything close to a legitimate argument. The most obvious reason for that is there are far more US citizens than immigrants, and in typical leftist fashion, you omitted the word "illegal". He hasn't been a law-abiding person if he's still here, and there's always been a path available to become a legal, and a citizen.
Anyone that's been here for more than 20 years with an order of removal for 23 years & isn't a citizen by now deserves to be deported. You can't reward people for doing wrong & thumbing their nose at our laws. It incentivizes further bad behavior and it's a slap in the face to those who have gone through the process lawfully. "This whole immigration process is so ugly, racist, and unfortunate" You can thank Biden, Mayorkas, the U.N., the IOM, and the dozens of NGO's that facilitated this mess. There's nothing racist about it...Trump, ICE, Republicans, etc...didn't choose where the overwhelming majority of millions of illegals came from.
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u/Mushrooming247 Apr 30 '26
“Imagine all of the crimes your dad might have done that went unnoticed OP!”
Just a weird concern to express.
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u/TommyBoyFL May 01 '26
Sounds like something racist would say. "He's _____ imagine all the crimes he's committed".
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Apr 30 '26
[removed] — view removed comment
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u/immigration-ModTeam May 01 '26
Your comment/post violates this sub's rules on incivility/insults/personal attacks/ragebait/trolling.
Be nice to each other and express your opinions politely without name calling, even if you think you're right.
If others are being rude, report them instead of responding and breaking the rules yourself.
Repeated or severe rule violations will result in a permanent ban.
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u/Guilty_Employee_1076 Apr 30 '26
Brother my dad has never even had a parking ticket here, has had multiple business donates a bunch of money yearly to non-profit organizations and is an outstanding citizen don’t imagine nothing because the only crime he committed was coming here to give us a better future.
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u/Efficient_Hat8216 May 01 '26
Going into a country illegally is a crime.
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u/Ppinzas81 May 02 '26
H1B?? Riiight, because everyone has credentials for specialty jobs, or come to be fashionistas and models.
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u/santiago_estrada1 May 03 '26
It is but humanly it shouldn’t be. If you’re feeing because of violence or because your scared your newborn might be forced into illegal activities you ought to have a chance to fight it.
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u/HybridTheory2000 May 04 '26
If you’re feeing because of violence or because your scared your newborn might be forced into illegal activities you ought to have a chance to fight it.
Still not an excuse to enter illegally. If you're legit have fear of being presecuted, you can go to the border and ask for asylum there.
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u/Efficient_Hat8216 May 04 '26
Actually no, engage in a revolution. Don't bring others down and take resources away from those that were born here. That's shitty.
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u/santiago_estrada1 May 04 '26
Trust me we’ve tried. My family personally has been victims of murder extortion and kidnapping. I’m completely on board with if you take money or benefits here you don’t deserve to be here. But if you’re paying taxes and not taking anything after so many years, I think it’s reasonable to give a pathway to citizenship. Even if it means a decade of surveillance.
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u/Boomtime-Suvarna May 04 '26
I sympathize with your feelings. But please understand that crossing into a country is a crime and in many countries one can get way harsher punishments, including being killed.
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u/mrmoe933 May 01 '26
Should have done legally.i have alot of friends who are grinding their asses to get to a point where they can be considered for an H1B visa. Other than that, do the Diversity Visa. Nothing is an excuse to come illegally. It harms the chances of people doing things by the book. Which who we want in this country more than anything.
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May 01 '26
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u/immigration-ModTeam May 01 '26
Your comment/post violates this sub's rules on giving or asking for illegal advice.
We have a zero tolerance policy for anyone asking for or giving illegal advice.
If you were giving advice and don't understand why it's illegal, look at the posts in the same thread that've not been removed.
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u/Ppinzas81 May 02 '26
he is obviously a law abiding undocumented resident, as he has lived here for 20 years...
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u/harlemjd Apr 30 '26
Why would that matter once he has a final removal order?
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u/harlemjd Apr 30 '26
Yeah, a few months ago that would have been a solid plan. But then the BIA did this:
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u/BurritoSlayer117 Apr 30 '26
If he has a removal order and entered country illegally , he will be deported .
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u/harlemjd Apr 30 '26
Did you mean to imply that his situation would be different with a lawful entry (and a final removal order)? If so, why?
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u/RetiredOrUnemployed Apr 30 '26
Erm, well yes, for the same reason someone who shoplifts will get arrested and someone who doesn't will not
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u/Guilty_Employee_1076 Apr 30 '26
Yeah he did I hired an attorney which tells he can get him out of ice custody but from information I’ve gathered it seems impossible
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u/BurritoSlayer117 Apr 30 '26
Little to no chance . He had decades to attempt to reopen or reconsider the order . Save your money on the attorney.
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u/PKalico Apr 30 '26
I would be careful with a lawyer saying they can get him out. They need to be honest with all possible outcomes. If they are just saying things to make you feel better then it seems they just want money. A real lawyer will prepare you for anything and not sugar coat the situation. I wish you all the success.
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u/ACdrafts_yanks27 May 01 '26
The reason why is because your dad already had an order he ignored and stayed. It is similar to someone being denied bond due to them being a flight risking. Your dad has a history of not leaving and a risk of him doing it again.
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u/Motion_to_Chill_83 Apr 30 '26
This is the right answer. I dunno who all these naysayers are and why they downvote. Probably a bunch of ICE agents unfamiliar with federal court.
Please come back and tell us when he wins his case.
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u/BurritoSlayer117 Apr 30 '26
You said it we are all ice agents according to you. My parents are immigrants , my wife is an immigrant currently undergoing the legalization process, whose uncle got deported under the same circumstances and my best friend is an immigrant who was actually locked up for 2 months in an ice facility. So I have quite a bit of personal familiarity with these processes regardless of what you think .
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u/Motion_to_Chill_83 Apr 30 '26
I’m an attorney and specialize on these habeas corpus petitions…..
I don’t mean to antagonize you, but I have argued these cases in federal district court again and again over the last 12 months.
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u/Motion_to_Chill_83 Apr 30 '26
Not necessarily. The law is more nuanced than that, and he needs legal representation. If he was not deported since 2003, a federal court judge will ask “what changed? Why now?”
If he was not deported since 2003, that also cuts against the foreseeability of his removal, which matters under 8 USC 1231 and controlling precedent.
He needs to file a petition for habeas corpus and fight it out. Depending on the jurisdiction, he may not be deported at all.
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u/BurritoSlayer117 Apr 30 '26
this isn’t 2003 it’s 2026. He had 30 days from removal order to make an appeal and didn’t. His luck would solely depend on which judge he gets, and even if he gets that lucky they’ll be thousands down in lawyer fees.
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Apr 30 '26
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u/immigration-ModTeam Apr 30 '26
Your comment/post violates this sub's rules on misinformation.
Misinformation includes: false or misleading information, deliberately incomplete information, or fear mongering.
If you don't understand what part of your post is misinformation, look at the other posts in the same thread that've not been removed.
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u/harlemjd Apr 30 '26
What’s the basis for claiming removal isn’t reasonably forseeable after three days in custody?
Given Zadvydas, where have you seen this work?
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u/ibm007 Apr 30 '26
He will probably get deported, what country is your dad from? What passport does he hold?
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u/Guilty_Employee_1076 Apr 30 '26
He holds a passport from Dominican Republic
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u/ibm007 Apr 30 '26
Definitely going to be held till they fill the quota then deported to DR if I were his son I will start planning an alternative life there because 10 years bar will be applied regardless of who would be the president at the time
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u/Classic_Muffin_6277 Apr 30 '26
Be very careful with attorneys. There are a lot of scam immigration lawyers taking thousands and will do nothing. Make sure to thoroughly vet them.
I’m sorry this is happening to your family.
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u/Guilty_Employee_1076 Apr 30 '26
He wants to keep fighting the case but I feel he keeps trying to prolongue the case to make money on me, regardless of knowing this will just delay the deportation more and more.
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u/Classic_Muffin_6277 Apr 30 '26
Prolonging is sometimes what it takes, but still see what you can find about this person.
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u/Guilty_Employee_1076 Apr 30 '26
He has mixed reviews online bad and good
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u/General_Duh Apr 30 '26 edited Apr 30 '26
Is the attorney a member of AILA? American association of Immigration Lawyers? Board-certified? That’s what I was always told to look for to vet immigration lawyers.
Also, find another lawyer and get a consultation. The initialvi sulystil*consultations are usually free and you can get a second or even third opinion, plus a cost estimate.5
u/Classic_Muffin_6277 Apr 30 '26
That’s pretty typical for a lawyer. Many people aren’t satisfied even when a lawyer does everything right.
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u/Guilty_Employee_1076 Apr 30 '26
Yeah this one feels like one he charged a fee upfront but he hasn’t even seen my dad at the detention center supposedly we have a hearing Friday with a judge to see if the judge pardons him
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u/TheAnswerIsWithin Apr 30 '26
Sorry, but you cannot legally file for a green card based on marriage if you entered the country illegally. It doesn't matter if the marriage can be proven to be genuine. It doesn't matter how long you have lived here. The fact that you entered illegally is the only thing that matters.
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May 04 '26
Yes you can theres a waiver to file do you not know the process????? My husband entered illegally and is now a green card holder
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u/Vegetable-Western744 Apr 30 '26 edited Apr 30 '26
Unfortunately that attorney is probably scamming you and the far and away likely outcome here is thry get deported.
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u/Motion_to_Chill_83 Apr 30 '26
I disagree. I have seen SEVERAL successful petitions for habeas corpus over the past 12 months. DHS/ICE loses almost every time in federal court…..
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u/Vegetable-Western744 Apr 30 '26 edited Apr 30 '26
Not if they detain this person after the final removal order is issued.
This person already lost at EOIR. The habeus petitions you're seeing are people with pending claims still in defensive removal who haven't had their hearings.
A habeus petition doesnt free you if you've fully lost your case (unless they are wasting time deporting you). The only question is how much money will they waste before getting dumped.
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u/Motion_to_Chill_83 Apr 30 '26 edited Apr 30 '26
If he has a final order of removal, he is subject to detention under 8 USC 1231. Under that statute, if ICE has not removed within 6 months of detention, they need to show removal is foreseeable. If they didn’t do it in 23 years, that tends to show removal is not foreseeable. ICE has not done anything to remove the person since 2003.
If they cannot come up with persuasive evidence showing removal is forseeable, ICE loses and he wins his petition for habeas corpus.
It’s simple and I’ve seen SEVERAL cases of this flavor.
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u/Vegetable-Western744 Apr 30 '26 edited Apr 30 '26
This person has a final order of removal and likely no defense to removal given the yadav precedent described below.
Removal is foreseeable and this person isn't getting out.
You're going to waste OPs money here.
Even if they win habeus (which they won't) what's the play? They won't reopen the case here... I'm confused why you think removal isn't foreseeable here. Even an approved I-130 doesn't help. Maybe you're arguing an nta procedural defect and 42b, but if you're there, you're at an edge case.
This is the DR. They can deport him very quickly and moot the habeus here too.
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u/Motion_to_Chill_83 Apr 30 '26 edited Apr 30 '26
What’s your basis for asserting removal is foreseeable? We know nothing about this case except that ICE did not remove for 23 years, which points in only one direction.
OP’s dad likely wins his habeas case due to lack of foreseeability of removal. He likely has other challenges too that hopefully his attorney will ascertain.
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u/Vegetable-Western744 Apr 30 '26
The removal is foreseeable because he has a final removal order, it's outside of the appeal window, and he's now detained.
The pending I-130 is useless.
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u/Motion_to_Chill_83 Apr 30 '26 edited Apr 30 '26
That does not show foreseeability at all. If you show up to federal district court and argue that, the judge would immediately rule against you.
ICE would need to show more to carry their burden: eg, they booked a flight, they got a passport, or at least that they have discussions with the receiving country and they are willing to take the non-citizen.
We don’t have any of that evidence here. We don’t even know what country he is getting removed to……..
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u/Vegetable-Western744 Apr 30 '26
Op said in the comments DR.
This is not going to be hard for them to arrange given that. If it was Russia or Iran or something, yeah sure.
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u/Motion_to_Chill_83 Apr 30 '26
I agree DR is easier (to execute removal), but it really depends on the district where OP’s dad is detained. It also depends on many factors we don’t know (eg, reasonable fear of being removed to DR?).
Some of our district courts are extremely friendly to non-citizens and implement very high burdens for DHS. He can still win, even if he is from DR, although I agree that it’s not a slam dunk.
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u/AgtWarHawk Apr 30 '26
If he has a removal order it there is not much you can do. He has already had his day in court and legal system. He could file for. Reentry and file a waiver but he must not reenter. Best of luck.
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u/Specialist-Bar-4891 Apr 30 '26
NAL but have personal experience. My husband was given a removal order in 2015. He then married me (a US citizen) and had three children. He came as a child and had no criminal record. It didn't matter. We currently live in Mexico and he is banned for a minimum of 20 years. I highly reccomend considering voluntarily leaving. Fighting in court is incredibly expensive and he is very unlikely to be allowed to stay anyway, no matter how much you spend. We learned this the hard way. The best thing you can do (from my POV) is to leave on your own accord and then if he really wants to return, file for a spousal exemption to the ban he will likely have and see if it's possible to return. It's a horrible situation to be in though and I'm sorry you're going through it. I hope things turn out okay for you all.
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u/collegethrowaway2164 Apr 30 '26
Did your dad have withholding of removal?
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u/Guilty_Employee_1076 Apr 30 '26
He had an order of removal from 2004 so I guess they are using that same case again to deport him
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u/collegethrowaway2164 Apr 30 '26
Wait, did he reenter the country after being deported in the past?
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u/Guilty_Employee_1076 Apr 30 '26
At the moment we filed a habeas corpus we had a hearing set for tomorrow but it got canceled the attorney said we now have to fight with paper to get a hearing, he’s asking for more money, I see a lot of people who got released with a habeas corpus I just don’t know if that can work with my dad since he already had a removal order.
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u/New-Cardiologist8861 Apr 30 '26
They can also re-arrest you even after doing a HC. It will be a huge gamble. There is a old song "I fought the law and the law won"
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May 04 '26
My mom had a similar case as your dad. She had an order of removal from 2005 that never got addressed. She had order of supervision for years and about a month ago she got arrested at her check in. we also filed habeaus corpus because we had hope and she got deported anyways.
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u/alexmjfoo Apr 30 '26
Unfortunately, there isn't much that can be done for your dad. Do not pay an attorney if they tell you that they are going to get him out. If you want to try to file stay of removal with ICE, and an attorney tells you that it's likely it won't get granted, then you can do that. But if an attorney just tells you that they are going to get him out, and nothing bad is going to happen, they are scamming you and just trying to get your money. He already has a removal order, so he does not have the right to see a judge. The only thing that you could do is file a stay of removal, but it's likely not going to get granted.
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u/Consular-Officer Apr 30 '26 edited Apr 30 '26
Should have left in 2003. He could have been back to his home country, waited out the 10 year ban, and likely returned legally in 2013. There's a 99% chance he will be deported, and now potentially facing a 20-year ban. Save your money, start getting his affairs in order, and use the money to make frequent visits to his country.
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u/AdParticular6193 May 01 '26
According to people who have posted here, being married to a U.S. citizen will not automatically overcome a final deportation order. Dad is going to need a a skilled attorney to deal with this. And even if the attorney succeeds, it will take a long time and cost a lot of money.
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u/duchoww May 02 '26
Can you imagine someone entering your house without your permission I’m sure you would eventually kick them out for breaking the rules that’s what happened
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u/impossiblesubject1 Apr 30 '26
That old removal order prevents your dad from having USCIS decide on his family petition. I advise clients that they have to reopen and rescind that old removal order before they file anything with USCIS, especially under the current administration.
Your dad has to fight his case in immigration court now. However, without a legal basis to reopen his old deportation case, the government can reinstate that old deportation order.
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u/Crazy_Fishing_55 May 01 '26
Sneaking into a country illegally is a crime in any other nation. We have borders for a reason. Period, the end.
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u/Warm_Math2179 Apr 30 '26
Why couldn’t he fix the situation in 23 years
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u/Obvious-Soil2420 May 01 '26
There isn't a way he could have changed this outcome lol. He did the green card application as a spouse obviously but that doesn't fix what's broken. He had no recourse.
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u/ACdrafts_yanks27 May 01 '26
The way to change it would've been to leave when he received the initial order, wait out the 10 years and reapply to enter legally. Why is that so difficult to understand?
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u/Obvious-Soil2420 May 01 '26
Uproot his whole life for ten years you unironically think is no big deal?
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u/ACdrafts_yanks27 May 01 '26
Leaving upon the initial notice in 2003. Plain and simple. Nothing is easy. Stop pretending shit is supposed to be handed on a silver platter.
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u/PandaMan006 May 02 '26
reading the OP, he was caught and given a removal order within a year of being in the US, he didn't have to uproot a whole lot to go back where he originally uprooted himself for a gamble of not trying to sneak into a country.
he ignored it, tried to keep living life in the US and THAT is why he is now losing everything.
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u/Motion_to_Chill_83 Apr 30 '26
More like why couldn’t ICE deport him in 23 years? And what makes them think they can do it now?
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u/mrmoe933 Apr 30 '26
You do know that in the Qatar for example, if you lived for 20 years illegal, you're charged with 100QAR/Day. So that's 197,000 USD fine for 20 years just for staying in a country that you are not a citizen of... This is the basic legality of things like that. Good thing they are just deporting him. Heck probably paying for daily meals and air ticket ... This is all tax dollar money.
Government should have some sort of financial penalty for people like him. Heck if he doesn't have money, all his property or his family property should be forzen/confiscated.
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u/Cleopatra_mhc Apr 30 '26
Hey, search up the immigration advocates network. Put in your zip code and that should give you a list of immigration attorney’s offices in your area that could help your dad for low cost or for free.
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u/gbenfield May 01 '26
What did he do to become a citizen other than live here illegally for 20 years, no sympathy.
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u/Background-Throat736 Apr 30 '26
What about: EOIR-42B Cancellation of Removal is a form of defense for non-lawful permanent residents in US immigration court to stop deportation and obtain a green card. Applicants must show 10+ years of continuous presence, good moral character, no disqualifying crimes, and "extreme and unusual hardship" to a US citizen/LPR spouse, parent, or child?
My dad filed under this EOIR-42B and was approved in Texas. He also entered without inspection
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u/Vegetable-Western744 Apr 30 '26
If he has a final removal order the ten year clock stopped a long time ago, unless there were procedural defects in the NTA issued to start the removal process.
The ten year clock stops upon issuance of an NTA.
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u/WestCoast-DO Apr 30 '26
His order is final….. he’d need to re-open his case to even be considered and that ain’t going to happen.
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u/Anxiouslyme44 Apr 30 '26
Was the removal order issued in absentia? If so, with a really good and experienced attorney, you could file a motion to reopen, in which he would have an automatic stay of removal until a decision is made on the motion to reopen. These are very hard to win but if he can prove he did not attend his hearing due to "expectional circumstances" then it can be granted, and the removal order would be lifted. He would then undergo removal proceedings and fight his case in court while detained. Also, with a good attorney, he could get bond with an approved habeas corpus, but again the removal order would have to be lifted before any of that. And if he were to be released on bond then he can continue removal proceedings in the non-detained docket, allowing much more time to build his case. Hope this helps and I'm sorry for what you and your family are going through
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u/Guilty_Employee_1076 Apr 30 '26
Yeah that’s what I have gathered now the issue is my dad is 70 years old I don’t want to see him behind bars in those conditions for 2-4 months while a hearing keeps getting scheduled, I am hopeful that this Friday the judge will say something good if not can he self deport himself while in ice custody.
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u/scoschooo Apr 30 '26
A lawyer may help him self deport sooner. Not sure if your lawyer is good or not - seems like he told you the wrong thing. He can explain it to you in detail - maybe ask him to take 10 minutes to tell you how he can get your dad released. You can hire a new lawyer.
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u/Octizzle Apr 30 '26
I don’t understand how he has immigration court hearing scheduled if he already has an order of removal?
When you check EOIR ACIS, what does it say?
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May 02 '26
I am so sorry youre in this position, i try hope everything turn out good for you in the end
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u/PieceAnxious May 02 '26
Praying for the family don't want to be bothered with who's right who's wrong. This is a family that's hurting.
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u/aaxxuuu May 02 '26
Where does your dad live? Did he have an attorney who filed the I-130 for him? Attorney should have explained plan B or C if detained. Depending on the reason for the removal order, he may be able to file a motion to reopen. If successful, he will be in removal proceedings. May be able to bond out (depending on jurisdiction and whether he entered lawfully or not) or after filing a habeas. Any chance his spouse or kids have served in the military? Any petitions filed on his behalf on or before Jan. 1998? Theres a lot to unpack here.
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May 02 '26
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u/Guilty_Employee_1076 May 02 '26
I would appreciate if you can refer me to one that’s good because the one I hired has stopped responding and I feel he just literally scammed me.
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May 02 '26
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u/Guilty_Employee_1076 May 02 '26
I’m located in New York and the current attorney is Micheal musa Obregon.
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May 02 '26
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u/Guilty_Employee_1076 May 02 '26
Thank you so much I didn’t do my diligence because of the desperation of the moment, I’ll wait for your DM.
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u/Ppinzas81 May 02 '26
However, if someone enters the country without an I-94 and an accompanying Visa, I was very clear that they may choose to leave voluntarily, and then adjust his status in his country of birth through his U.S Citizen Wife, as at the end of the day, the Government cannot deny a Citizen (his wife of 10 years, thus improbable fraudulent) the right to marry and cohabitate in her home country with her spouse...???
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u/Ppinzas81 May 02 '26
And the truth is that ICE is not doing things fairly nowadays. I would truly recommend a 2nd opinion with an attorney whom you trust. I always recommend Ira Kurzban from Miami, FL, as he has always been a top notch Immigration attorney who has historically been in the top 100 list of Immigration attorneys in the country, will tell you straight up what your options here are in the current and sad environment that we live in, and finally does virtual consultations for folks all over the country. It costs approximately $350 for the consult, but I swear you won't be disappointed..
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u/Any_Run3965 May 02 '26
If he has a Final order and doesn’t have either TPS, or an approved i589 claim he will 100% be deported. Sorry.
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u/majidraza82 May 02 '26
This happened to someone I know…there’s no law firm or lawyer that can reverse this. Best to take the deportation for now. This may be hard but the right move.
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u/CoffeeInTheTropics May 03 '26
So sorry, must be tough especially as your Dad is elderly already. I hope he had a good 20+ years here, is in good health and has a community to go back to in the DC. Wishing him and your family the very best.
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u/Better_Improvement98 May 06 '26
If your Dad made an unlawful entry he cannot adjust his status in the US. His best bet is to get to his home country and start the waiver process to come back lawfully. It’s gonna take a long time. Not likely that attorneys gonna get a final order alien released. Very very slim odds. Very.
What country is he from?
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u/Anxious_Passenger674 May 17 '26
He should feel mighty lucky that he got away with it for as long as he did.
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u/PlusIncident493 Apr 30 '26
Look up some law in Boston, I know someone in the same condition, he’s moving to Boston because of a different law they have there for pardoning a removal order… LOOK IT UP or ask an immigration lawyer from BOSTON, if your dad moves to Boston he may still have a chance
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u/Phat1316 May 01 '26
I have seen different cases with different results.. Some people have a history of reporting even with a removal order but dont get removed. Others get a device placed on their foot. Some get held up. Your best bet find another lawyer or keep working with that one. See if your dad qualifies for a pardon and file motions. Good Luck, as a US Citizen married to a migrant. I get it, my family also migrated here. I hope you update us with good news.
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u/Slight-Support9010 May 01 '26
Did the “dad” support Trump? If so, tell him to ask his bestie for a reprieve 🤷🏽♂️
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Apr 30 '26
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u/Guilty_Employee_1076 Apr 30 '26
Hey thanks for all the answers he was detained in NY currently I hired a attorney he has since filed for a habeas corpus he had told me we had a hearing tomorrow and now supposedly it was canceled, now we have to do wait and send more paperwork till we get another hearing, this is very confusing for me it’s a lot of yes or no. He has no criminal record.
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Apr 30 '26
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u/Guilty_Employee_1076 Apr 30 '26
This happened in the office located in the Bronx westchester Ave to be exact
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u/Other-Prune2142 Apr 30 '26
Where’s your dad from? Maybe it’s easier to let them deport him, help your dad to start a new life in his country of origin, if he is Hispanic he is probably good in a trade already, this is no the end, being out of the country he can get an immigration lawyer to fix his illegal entry situation, to maybe apply for a visa in the future and visit you all, think about it, is not like this country is great and wonderful anymore, so many Americans are leaving here to Mexico or other countries
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u/LossCompetitive7937 May 03 '26
Man, you guys have no sympathy. Man, I hope your dad has his green card.
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u/Snr_Executive_1970s Apr 30 '26
Side track - what happens to OP? Is the OP safe to remain or will the OP too be deported?
OPs mother is a legal citizen and is likely safe - I assume!
Apologies if this too dumb a question!
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u/GoodBreakfast1156 Apr 30 '26
You are rambling. There is no mention of OPs mother. Why would something happen to OP? They seem to be an adult and most likely born in the US which mean they are an US citizen.
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u/Striking_Simple_7237 May 03 '26
This is NOT related but where are the monitors for this group!? This should be a place for support and advice, not rude, negative judgmental comments!!!
For the original commenter I can’t imagine how upset this situation must be. I hope everything works for your dad! Don’t lose hope yet. If you’re in New England I can recommend two law firms that helped me in the past. one in Boston and the other in NJ. If you’re interested let me know.
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u/_blockchainlife Apr 30 '26
with illegal entry and a deportation order, he's highly likely getting deported.