Voluntary departure

greenspun.com : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread

My question is, the women who works for us recently went to INS court with her husband and four kids, two are born here in the US ages eight, and eleven, and the other two born in Mexico. I wasn't aware that she was going through this, and her husband hired this law group who suggested that they apply for asylum. Well of course the judge rejected their plea under asylum, but they were granted voluntary departure. they have to send in their appeal by March 26th, 2003. It states that their departure date is April 30th. Is the date April 30th the time they have to be gone from the US if they do not send in their appeal by March 26th, 2003. We have triplets, and one of our triplets is severly autistic, we have gone through hell looking for the a person who could work with our autistic son, and he loves her and she has helped him termendously, please could you let us know if there is a chance in hell for her, and their family to possible be able to be allowed to stay under a different statis? We would greatly appreciate any possible information you could give us in this matter, thanks for taking the time to read this, Mary Bartolo

-- Mary Bartolo (mbartolo11@cox.net), March 11, 2003


This looks like a very, very difficult situation. Very few people from Mexico have viable asylum claims. Of course if she does, she would want to appeal, which might gain her another year or two here.

Doing a work application would be very difficult. Work applications for nonprofessional jobs normally take several years, even longer if the position is unskilled as defined by the Labor Department. Most CNA or home health aide type jobs would be considered unskilled by the Labor Department. If she does not leave during the voluntary departure period now or immediately after her appeal, the fact of her deporation would almost certainly preclude an application. If she has worked without authorization here, that would also likely preclude her returning in the next few years, even if a work application were otherwise approvable.

You and she really need to consult an attorney if you want to pursue this. So many facts are not included here that could help (Do her husband or parents have status here? Was she here for more than 10 years before the INS started deportation against her? Is her case strong?) or hurt (Was the asylum fraudulent? Is the job market tight where you live? Is your income low?) the situation. Like many of the other questions posted here, it's just too complex to do by email.

-- Michael Boyle (info@immigrantcenter.com), March 21, 2003.

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