Case Study 2: Deportable But Redeemable
A family in which the father was an illegal alien and the wife is a US citizen had been facing deportation proceedings and their case had not been resolved for two years. They had two US citizen kids and the illegal alien husband was the main bread winner for the family.
The father had been in the country for 15 years and had a criminal record. Also, he had used false identities to secure work. However, I was able to show that he had made great strides in his life to improve himself and showed that he was a good father to his children and a go husband. More importantly, I showed that he was a good tax payer.
His status became an issue when a domestic dispute between the he and the wife resulted in a domestic violence charge and one for violating a protection order. This fact in addition to his previous criminal convictions made his case very challenging and the possibility of deportation was high.
What I had to show was that, despite his past, he had worked to become a good and productive member of society and that he was truly sorry for what he had done. Also, I had to show that the domestic violence charge was leveled against him even though he was not the instigator. I showed that the wife was doing something self destructive and that the husband was trying to stop her from hurting herself and her kids. In addition, I had to show that the police report indicated the wife as the instigator and that the police officer were required to make an arrest. He had no attorney at the time.
In addition, I had to explain the circumstance surrounding the protection order. This protection order was imposed on him by the prosecutor as part of the domestic violence charge. I had to show that the protection order was something the family did not want and that the protection order was violated because the family wanted him to return home. Even then, I had him tell the court that he was sorry for what he had done.
Furthermore, I had to show that deporting him would cause extreme hardship to his US citizen family particularly his children. For this, I had to show that he was the sole income earner of the family and that the wife could not support the children on her own. Both children are very young and the wife has a history of instability.
As a result of this, I was able to assist the family avoid deportation. The husband now has his green card and is busy taking care of his family. If you are facing deportation, please contact us if you would like our help.