Legal Question in Immigration Law in

Hello

I lived in the U.S. for 18 years with my mother. We came to the U.S. from Ethiopia when I was just 8 years old.

My father had lived there for 2 years before my mother and I arrived and had asked for asylum. Our asylum was denied about 8 years later by the 4th circuit and given voluntary departure which my family overstayed.

My mother and I came and lived in the US legally for over 6 years my father for 8. In the meantime my brother and sister now aged 12 and 17 were U.S. born.

My parents did not leave when they were supposed to back in 98' and they over stayed due to this ICE comes back and deports me and my father in 2009.

My parents and I were law abiding, paid takes and were never arrested during their time in the U.S. and even entered and lived in the U.S. legally for some time.

Now 1 year later they are trying to deport my mother also. We don't know what's going to happen to my brother and sister aged 12, 17.

Due to a technicality in the law even-though I was 14 and did not know what was going at that time I was ordered deported,

I wasn't even present at the hearing or received any papers back in 1998. I was detained for 4 months by ICE and deported. My parents had appealed the asylum case all the way up to the 4th circuit court of appeals. And last year my mother tried a motion to re-open to the BIA and 4th Circuit of appeals and both were denied.

Now is it possible for me to comeback as I have a 10 year ban because of this. Or does my father have a better chance since he has 2 U.S. citizen children. My dad is 60 years old and can't work here and he didn't fulfill his obligation of 20 years of working at his job, he did 16 years, so he'll not get retirement in our country.

Also he worked and payed taxes for 19 years in the U.S. and he'll not be able to benefit there either.

Any advice is appreciated thanks.

Aman


Asked on 8/26/10, 7:04 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

No, unfortunately, I do not think it will be possible for you or your father to come back in the near future. When your mother is deported, the children can come to your home country as most likely they have dual citizenship (US and Ethiopia). When the US citizen children are over 21 years of age they can petition for their parents and a sibling. At this time, you have no legal basis to come back to USA and any visa application will be denied because of overstay and failure to abide by the Court order (voluntary departure).

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at [email protected] and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

Read more
Answered on 8/26/10, 7:46 am


Related Questions & Answers

More Immigration Law questions and answers in