Wed Nov 28, 2012, 09:57 PM
AlphaCentauri (6,455 posts)
Deported dad who lost custody to be reunited with his kids
Source: LA times
A North Carolina judge has ruled that Felipe Montes — an illegal immigrant who lost custody of his three children when he was deported from the U.S. — can be reunited with the boys who had been placed in foster care after their mother was deemed unfit to raise them.
The Los Angeles Times reported the case of Montes, a Mexican national, in March, as an example of the difficult decisions local child-welfare officials are increasingly forced to make when a parent is deported, a common occurrence under the Obama administration’s aggressive deportation policies.
The New York-based Applied Research Center, a liberal group, determined that more than 46,000 parents were removed from the United States in the first half of 2011.
Montes, 32, crossed the border illegally in 2004, eventually landing in rural North Carolina, where he married a local woman and started a family while eking out a living working at a mill and doing odd jobs. He was deported in October 2010.
His wife, who has a criminal record and claims to suffer from mental problems, was eventually found unfit to raise their boys, currently 5, 3 and 2, and they were placed with a foster family.
Read more: http://www.latimes.com/news/nation/nationnow/la-na-nn-deported-dad-illegal-immigration-20121128,0,2092252.story
7 replies, 1598 views
Deported dad who lost custody to be reunited with his kids (Original post)
Response to Seedersandleechers (Reply #1)
Thu Nov 29, 2012, 01:03 AM
WilmywoodNCparalegal (2,493 posts)
5. No. People who enter the U.S. without inspection
Last edited Thu Nov 29, 2012, 01:03 AM - Edit history (1)
are not allowed under immigration law to adjust status to permanent residence while in the U.S. The only way they can do this is if they physically depart the U.S. and apply for consular processing, but not before filing a waiver of inadmissibility which has to be approved.
The waiver of inadmissibility is basically a formal explanation to the U.S. government as to why a certain person should not be considered inadmissible.
It is almost impossible to obtain such waiver based on an EWI (entry without inspection) for Mexican citizens.
Even if the waiver were to be approved, the alien spouse would have to remain outside the U.S. while the paperwork is being processed. Part of the consular processing paperwork includes police clearances for any country where the alien has lived longer than 6 months after age 16. If the alien was ever fingerprinted during an illegal border crossing, then you're almost guaranteed he won't make it past the background check phase.
If that's not an issue, then the other big obstacle lies in some of the forms which do ask about any EWI period or unauthorized employment. While answering 'yes' isn't necessarily the end of the case, it complicates matters further.
Basically, entering without inspection makes any adjustment to permanent resident status almost impossible.
The worse thing one can do to destroy any chances to any immigration benefit is to enter the U.S. without inspection. Even visa overstays are cured by marrying a U.S. citizen, but an EWI is almost always the end of the road.
Response to AlphaCentauri (Original post)
Thu Nov 29, 2012, 06:43 AM
grantcart (40,686 posts)
6. The "Obama admin's aggressive deportation policies" is complete BS
You have to have some criminal related activity to get yourself deported.
In this case he was arrested driving without a license carrying a concealed weapon in a car that had stolen plates. Hardly an aggressive deportation policy if the policy is to only detain those that run afoul of the law.
Hubris goes before the fall, humility goes before victory.