I have a complicated immigration question.?
Today, she recieved a letter from the Immigration Department giving her a court date. During the time of the court date she will be having her baby.
Lastly, what advise could I give her. Or what can I do to help her.
Answer:
I appreciate your concern. The immediate problem is the hearing, and your friend MUST get a lawyer. It's going to cost something, but think of what the emotional damage would be if she were packed off to Haiti without her family. I'm pretty sure that court dates can be changed; everyone else does it. Second, your friend should listen to NO ONE other than the lawyer. She is open to some pretty persuasive scams that will take her money and produce no results.
She needs to go back and start the legal process legally,,,,,
It's not her fault her mother brought her here, she should be a citizen or at least a legal resident, she's been here enough and probably thinks of herself as an American. Why should he have to go back and wait years and years when she didn't even choose to come here?
1WELL IF SHE'S HAVING A BABY THEN THE COURTS WILL EXCUSE THAT.2IF SHE'S MARRIED TO AN AMERICAN CITIZEN THEN HE CAN SPONSOR HER.THAT'S PROBABLY HER BEST CHANCE.OR 3 ...SHE COULD WAIT FOR CONGRESS TO ACT.I THINK THERE IS ANOTHE WAY TOO.SHE COULD APPLY FOR AMNESTY.THEY GAVE IT BACK IN THE 80s SO IF SHE'S BEEN HERE FOR 25 YEARS THEN SHE WOULD PROBABLY QUALITY.ALL YOU HAVE TO DO IS PROVE IT."SHE WAS BROUGHT HERE AS A CHILD SO THAT SHOULD HELP HER".
With a court date coming she needs an immigration attorney to help her.
She should get an attorney as soon as possible to continue the case until she has the baby.
If her husband is a US citizen, he can petition for her. The attorney can request that the case be administratively closed so she can pursue permanent residency processing (assuming she meets all other eligibility requirements).
When my husband got his letter for the date to go to the office and complete his interview they advised us not to miss the appointment.
If she is in the hospital and having the baby, I do not see why they would hold that against her, but the only way to find out is to contact and immigration lawyer or call the National Customer Service Number which is 8003755283 or maybe you can find some answers on the website which is www.uscis.gov.
She need to contact the Immigration Department and let them know she is pregnant and may be unable to attend the court date and ask if they can reset the date.
They may not do it. There is no way she can positively know the child will be delivered on that exact date.
If she's married to an american she should be fine...
but my question to you is.. Why didnt' she get a visa to stay in the country ? Why didnt' she try to get citizenship on her own without getting married?
Sorry but that is not complicated at all. She is illegal and must return to Haiti. You can't do anything to help her. Sorry but she is a criminal because she is here illegally. She is breaking the law.
Even though she came here when she was a kid, she should have done something long ago to fix her status. Being married to a citizen helps but that doesn't solve her problem. She is in trouble with immigration. (Anybody that tells you that because she's married to a citizen fixes her problem it WRONG.)
IT IS HER FAULT THAT SHE IS IN THIS MESS!
They cannot deport your friend ... she has already had a baby in the US, which makes that baby a US Citizen.
"The Fourteenth Amendment has been interpreted by the United States Supreme Court, in precedent set by United States v. Wong Kim Ark, to grant citizenship to nearly every child born in the U.S. regardless of the citizenship of the parents, with the exception of the children of diplomats and children born to enemy forces in hostile occupation of the United States." ~http://en.wikipedia.org/wiki/illegal_imm...
The Court in Wong Kim Ark did not explicitly decide whether U.S.-born children of illegal immigrants are "subject to the jurisdiction of the United States" (it was not necessary to answer this question since Wong Kim Ark's parents were legally present in the United States at the time of his birth). However, the Supreme Court's later ruling in Plyler v. Doe[55] stated that illegal immigrants are "within the jurisdiction" of the states in which they reside, and added in a footnote that "no plausible distinction with respect to Fourteenth Amendment "jurisdiction" can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful."
Also you said ur Friend was Hatian ... I suggest you look at this website. http://www.immigrationlinks.com/news/new...
It may help when she goes to a lawyer.
But, just because she married a US citezen doesn't mean she is a citezen and will be fine or she would have never gotten the letter in the first place. I hope all goes well for you friend.
PLEASE DON'T PAY ANY ATTENTION TO THE CHARACTER KLAN, who said,
"Sorry but that is not complicated at all. She is illegal and must return to Haiti. You can't do anything to help her. Sorry but she is a criminal because she is here illegally. She is breaking the law,"
YOU CAN hear in the tone and SEE RACISM ALL OVER HER RESPONSE.
DO pay attention to those who are advising you to get an immigration lawyer. They are expensive but YOU MAY BE ABLE to shop,on the Internet, for one who is more affordable, but FIRST, I would go directly to immigration and GET INFORMATION and possibly forms.
Know that the LAWYER WILL COST
AT LEAST $400.00 or more AND if your husband files a petition it will
cost close to $200.00. It sounds like they passed or will pass the amnesty bill. Kennedy just finished talking about it.So ask immigration and lawyer if you have an option to go the amnesty route, which includes $5000.00 for somthing(?) and maybe return to old country. I didn't hear exactly, all the details,since I'm writing this, but something about the entire process taking 13 years, or ask if you should go the old way, which is the spousal petition.(SPOUSAL PETITION SOUNDS BETTER to me because it takes less time and seemly less money)
THIS IS NOTHING that is easy about a favorable solution to this case. It will take time and patience AND ABOVE ALL, do NOT show FRUSTRATION OR IMPATIENCE WITH ANY OF THE PEOPLE YOU WILL DEAL WITH. Be really nice and diplomatic. THESE ARE ONLY WORKERS WHO ARE FOLLOWING THE RULES TO SAVE THEIR OWN JOBS... I have been on both sides of the desk, that is as a worker and as a petitioner so I KNOW people who are courteous and warm get better treatment...that's ONLY Human nature. IT isn't the worker's fault people have the problems they have so it is unfair to take it out on them. IF you, or whomever is short tempered...asked to be excused to go to the bathroom and go out to the car and scream or cry and THEN come back smiling and wishing the worker a good day...YOU WILL BE SURPRISED HOW MUCH THEY WILL TRY TO HELP YOU.
I sure hope this information helps
I hate the thought of someone being sent to HAITI because of technicalities. IF SHE HAS BEEN here 25 YEARS, this is the only home she knows and may no longer have ANYONE she knows in HAITI. This is so sad. THERE SHOULD BE A STATUE OF LIMITATION ON THE AMOUNT OF TIME the GOV. have to send people back, who have been here
illegally and who have been good citizens. Your friend have been here a quarter of a century she should NOT have to be suffering this kind of fear or anxiety, especially since she is expecting.
I hope you will be able to let us
know someway the outcome
anyway, good luck
and be blessed.
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