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Can I leave the country for short time during removal proceedings under these circumstances?

Discussion in 'Immigration Issues' started by amit_kathuria, May 29, 2018.

  1. amit_kathuria

    amit_kathuria Law Topic Starter New Member

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    Jurisdiction:
    California
    I am green card holder since Jan 2012. I have done my Master's at USC, CA (2011-13) and worked at Intel Corporation (2013-15).


    Since then I moved to India and have been maintaining my green card by visiting USA every 5 months. After getting married in Mar 2017, I filed for petition I130 for my wife for her green card too because we want to move back to USA immediately. But the petition takes long time to approve and I just couldn't migrate alone without her. Now she is pregnant since Dec 2017 and I obviously can't leave her alone.


    But immigration officers stopped me at airport this time in May 2018 (without caring of my circumstances) and forwarded my case to immigration judge under removal proceedings (issued me a NTA). I just cant leave this country now otherwise I will be self deporting myself and I can’t stay here for long too as my baby is due by Aug 2018. I need a workaround where I can fight my case and still able to visit India before delivery of my baby. What should I do?
     
  2. mightymoose

    mightymoose Moderator

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    Visit an immigration attorney.
    Immigration laws are in flux.Times are changing.
    You have a difficult decision to make. I doubt it is going to work out the way you are hoping, but maybe an immigration attorney can give you some options.
     
  3. amit_kathuria

    amit_kathuria Law Topic Starter New Member

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    Thank you for your response. I have already visited an immigration attorney and she did explain to me the options I have (including voluntary departure). But she didn't have answer to this situation I have where I would like to fight the case but would want permission from USA government to leave the country after master hearing for birth of my child and then come back before the individual hearing. This is the kind of situation where I need inputs from the best of the lawyers to find the work around and I am ready to pay for it.

    Thanks,
    Amit
     
  4. army judge

    army judge Super Moderator

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    Since you're polling strangers, I support you bold decision to SELF deport as you poke Uncle Sam in the eye and return permanently to India.

    The gall of the US immigration officials.

    It'll be a great loss for the USA, but you can teach all US citizens a message, that its their loss, your gain.

    Good luck, happy life, prosperous life in a great nation, India, with your wife and baby.

    PS: Self deportation costs you nothing, and the $25,000 you would have spent on some crooked US lawyer you can put into a savings account for your baby, or use towards becoming a citizen of at least 50 other great countries.
     
  5. amit_kathuria

    amit_kathuria Law Topic Starter New Member

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    Hi Army Judge,

    I am not sure if you really support that decision or just being sarcastic about it. But if you really mean all that, then cheers to that thinking process. :)

    For me, self-deportation is not an option. If I want to leave in this situation, I can always take voluntary departure and won't be banned at all and can come back on any other visa. But for now, I am trying to find a middle ground where I get to fight back this case (because I know I can win it) and still get to pay a visit to my wife and arriving baby in India.

    Is it too much to ask under these circumstances?
     
  6. army judge

    army judge Super Moderator

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    A Green Card isn't a passport.
    A green Card comes with many restrictions, all of which are made known to the applicant, all of which the recipient agrees to honor.

    We all have choices in life, some of which aren't the most desirable.

    You aren't being held hostage here in the USA, mate.

    You are free to return to India anytime you desire.

    The choice is yours alone to make.

    The law often collides with our wants, needs, feelings, or emotions.

    For example, a hungry steal a loaf of bread and gets arrested.

    Hunger is no excuse to steal.

    A wealthy woman cheats on her taxes.

    Her wealth won't allow her to avoid her day in court for violating tax laws.

    You knew the law.

    You agreed to the law.

    Now you obey the law, or you're free to void the deal by leaving the USA.

    In some countries, you would have already been secreted away in a penal colony.

    In this country you were merely warned, and you remain a free person.

    If you leave, you won't be allowed back in the USA.

    Its the law, mate, and law cares not a wit about emotions or feelings.

    The law is black or white, wrong or right.
     

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