Re: Crossing the Border

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On 1/12/07, Fanua SP. (SCUPS-Student) wrote:
> Dear Marie,
>
> 1.What was the reason for the deportation?
> 2.Which country is your husband from?
> 3.Did he enter here legally or illegally?
> 4.Did your husband see an immigration lawyer during and
> after the process?
> 5.If yes, what options did he have?
> 6.What is your status; US Citizen or permanent?
>
> Anyway, the deportation is the expulsion of an alien who
> entered illegally, or entered legally but has done something
> to become deportable. With few exceptions, any violation of
> the conditions of a visa, no matter how minor, is grounds
> for deportation to a person's country of origin. Conviction
> for any crime but the most minor also is grounds for
> deportation. Deportation can delay an alien whose long-term
> goal is to live permanently in this country. After being
> deported, aliens are forbidden to re-enter the country for
> five years. Aliens deported for aggravated felonies, such as
> drug smuggling, are barred from re-entry for 20 years or may
> be barred permanently. The delay in returning to the United
> States may be even greater for aliens from countries with
> long waiting lists. Returning home under a deportation order
> may result in the embassy's refusal to entrust the
> individual with another temporary visa.
> There are a number of remedies to deportation, especially if
> the deportable person has lived in the United States for a
> long time, building a life that demonstrates good moral
> character. Even if the deportable individual has not been
> here long, there may be certain waivers or defenses to
> deportation. Among the most common is asking the court
> for "voluntary departure," which allows the individual to
> depart the United States on his or her own. However, still
> does not give him the right of ways to return to the US.
> What you have to seek is a legal advise from a good
> immigration lawyer to see what are your options (I mean
> experience immigration lawyer).
> If you are citizen of United State you can go anywhere you
> want and come back home (such remember your passports and
> your child passport and others documents to carry with you).
> For your daughter you can file a partition in court to
> travel with her unless the father agree in writing for you
> to take his daughter with you outsite the US(this is all
> depend on the condition of previous court rules in your case
> if any with regard to visitation and child support etc). To
> be safe come back to the US for the birth of your child so
> you can avoid future paper work for your newborn.
>
> Thanks
>
>
> On 1/11/07, Marie wrote:
>> My husband is getting deported within the next two weeks.
>> I have a daughter that's not his and am pregnant with one
>> of our own. In my divorce papers it states that I can
>> leave the state without permission, but does that count
>> the country? I just want to go back so we can file his
>> papers and begin the process of him coming back. I don't
>> know if I can cross with her, we don't even know where her
>> father is, so I can' get written permission. I don't have
>> any family where i live besides my husband, I can' stay
>> here without him. I'm really worried about this.

Hi Marie, divorce papers that authorize you to leave US with
permission or not only applies to you as an American if he too
is American. If he is a foreigner, ie Japanese or Mexican, he
has no power to restrict the movement of another American
citizen as an alien. For an alien to to that to another, the
other spouse has to also be an alien. Remember, only a citizen
can restrict another citizen. When US gives any powers to an
alien they are usually Canadian citizens as Canadians have
special status in the US similar to how Nikkeijin who are not
Japanese citizens are given special treatment as foreigners in
Japan.