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Immigration Issues/deportation on asylum


Hi Robert,

You may be my last hope.
I have spoken to many attorneys (and paid many consultation fees) and nobody seems to know what to recommend.  I have gotten many different answers.

My family immigrated (illegally) in 1992 from Mexico.  I was 12 my bother was 3 and my parents were 33 and 31.
In 1993 a notario (notary) said he could get us a green card and fix our situation.  He was recommend by a family member.  It was too late when my parents realized that the notario had initiated a polical asylum claim for the family and he had made up a story of how my parents were being persecuted from mexico because of politics and they fear for our lifes. (my parents have a 4 and 6 grade education, and noone in our family fully knew what polical asymlum was; we were ignorant and the notario kept promising that it would work)

In 1999 the final ruling came and the claim was denied by the 9th court.  We were deported on a voluntary departure:  On the advice by our attorney we never left.

I am now 27 years old, graduated high school, graduated from a 4 year college, and I am married to a U.S. Citizen for 3 years.  I have no criminal record (no criminal recod for my parents and brother) (my brother graduated High school this year).  My parents have always paid taxes and have never been on any type of wellfare.  My dad has worked two jobs in order for me and my brother to go to school.
I own my on business with my wife.

1.  Because I am deported and never left (something that concerns me alot)I have been told that I can't immigrate through my spouse.  is this true?

2.  I was told that the judge needs to reopen the asylum case: but that i would be difficult because then everybody would want their cases opened. what do you think?

3.  Finally, what do you think I should do to fix my status, my goal is to altumately become a citizen since I want to live here forever.

any suggestions will be apprecitated.

also my parents have an approve labor certifaction with mom's employer.  They were told thay would never get a final appt. because of the deportation.  any ideas?

thank you very much.

In order to try and reopen your deportation hearings you would need the consent of the Trial Attorney, whcih willnot be easy. without a reopening you would need to apply for your immigrant visa abroad. Before you could return you would need approval of 2 pardons - One for the fact that you have an outstanding deport order based on being granted VD and not leaving ontime. The second waiver is for the fact that you have been illegaly here for more than a year. You would probably end up spending 1-2 years in Mexico under this scenario. If they do not approve both waivers you will be stuck there for 10 years.



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Robert Hollander<B> Esq.</B>



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