My Dad is being Deported back to Fiji. PLEASE HELP.

Mr Fiji

Hatching
Apr 25, 2015
5
0
9
Montclair, CA
This morning (5-11-15 around 6AM California time) some immigration officers came to my house looking for my Dad. My Dad was not home, since he had spent the night at his friends house, because he was too drunk to drive. They (immigration officers) talked a little bit with my Mom before my Dad came home.

They arrested my Dad and told my Mom he is going to be deported and asked for his passport, which my Mom doesn't remember where she has put it, since my Dad hasn't really traveled by plan much, not to mention its expired anyways. They gave us his wallet and his keys, but took his phone (even though they don't plan on giving it to him) and possibly other things he had on him.

We immediately called his lawyer, and he said that my Dad is indeed being deported. He said that, my Dad's case was in the 9th circuit. He claimed that he had told my Mom about it in a seminar, but my Mom doesn't remember any such conversation. The lawyer asked my Mom to call him later on that day to furthur discuss, but he did not pick up at all when she did.

Let me share some information that may bring you guys to speed. I'm sorry for posting this on here. Yes I know this is a chicken forum, but this is one of (if not) the only forum I know of that can possibly help me.

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Back in 2000, my Dad, had come to America (with a visa) to attend his brother's funeral. There was some kind of civil war going on in Fiji, therefor he couldn't return. Then his visa expired, which made it more difficult for him to return back to Fiji. Over the years, my Dad has hired many lawyers to fight his immigration case. Every one of those lawyers never really tried to fight the case to it's fullest. My Dad has been in America for nearly 15 years. By now he should have become a citizen if his lawyer(s) would have worked with him.

My Dad was arrested about 4-7 years ago. He was originally arrested, because the cop who talked to us, had twisted our words around. It was a Father's Day and my Dad was drinking and playing the music loud. So high voices were used to communicate, and the cops ended up showing at the door.

The cop who talked to me and my Mom, used our words out of context and changed it. I (and my Mom) had told the cop, that my Dad had to pee really bad, so he lost his footing and accidently grabbed my Mom's hair (he intended to grab her shoulder for support) therefor my Mom got mad at him. We lived (still do) in a trailer, so there weren't that much room to move around. What the cop wrote down was, that both my Mom and I, reported my Dad for assault.

Anyways, my Dad was supposed (or atleast so we were told) that my Dad will spend the night in jail, and will be released in the morning. Come morning, we find out that my Dad was with the immigration. He spent the next 4 1/2 years in jail. We finally got him out on bond, and ever since then he has been out of trouble.

My Dad has never ran from the law. He has been paying lawyers for legal help with his immigration, as you know by now. He has never tried to hid or run from immigration, hence why he showed up even after my Mom called and said that the immigration officers are waiting for him to come home (of course on behalf of the officers), but the officers kinda didn't really tell my Mom for why they wanted to see my Dad. We currently don't know where he is being held. He did call us and ask us to call his lawyer, whom as I mentioned has not returned any calls. All these lawyers know about is keeping people in the dark; not telling us about my Dad's deportation.
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My Mom and I, had came to America in 2005 to live with my Dad. My Mom and I had won a green card lottery. Anyways, My Mom and I became US Citizens.

To some it up, my Dad is not a "illegal 'alien'". He came to this country legally to attend his brother's funeral. He has been truthful about his immigration status for 15 years. He has done everything that a American Citizen does. He has paid taxes and stuff. My Dad has not been in Fiji for 15 years. He wouldn't know what to do there now. He has established his life here in America. He is 60 years old, and he will have a hard time settling in again and being able to provide for himself. My Mom and I are US Citizens. We depend on my Dad for financial support. If he were to be deported, we basically would not even be able to survive off food stamps. Yes my Mom and I, do have jobs, but not enough income to pay the bills and buy food at the same time.
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What I'm asking is, if there is something we can do so my Dad doesn't get deported? Even if he does get deported, how long will he be banned from entering America? Can my Mom or I, sponsor him in anyway right now? I'm 19 years old, can I sponsor him when I turn 21? I've shared majority of the information with you guys, to determain if it's possible for him to return. We are currently seeking a new lawyer, any suggestions on how to approch this, so we don't get screwed like the past 15 years? I just want my Dad home, not 19 hours away, where I would only be able to meet him ones every other year.

He does have brothers in Fiji, but they will only use him and get him drunk to talk him into things. He also has 2 ofher kids (1 girl, 1 boy), from another women. This too will be a problem, since he hasn't seen them in 15 years, and the girl is kinda "I want this, I want that" even though she has a husband who should be buying her things. My Dad's true family are my Mom and I, who only care about his health and his well being.

My Mom is trying to convince him to avoid people taking advantage of him, and to live with her sister's daughter to get on his feet, if he gets deported.

Again, I'm sorry that I am sharing all this on here, but this is the only place I thought I might get some informative answers. If location makes any difference, I live in Montclair, CA.
 
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mrshaggie810

Songster
7 Years
Jul 18, 2012
286
9
126
Michigan
I'm so sorry you are dealing with this. It seems like a sticky situation for sure. I would definitely seek a new lawyer. Unfortunately I'm on the other side of the country, and am not very well versed in this area. I hope you can get things worked out though!
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Tomtommom

Songster
7 Years
Jan 14, 2013
2,850
238
208
Montevallo, AL
I'm afraid there's not much that can be done.

He overstayed his visa, which is a serious offense to USCIS, they don't care about the reason. He got arrested and spent time in jail, strike two. Your income is not high enough to sponsor him, strike three. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf <income guidelines for the affidavit of support.

Chances are very slim, sorry
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He will be barred from re-entering the US for 10 years, most likely.

The immigration 'game' is a very strict one. Break a rule and you're out.

However, if you wish to try, here's the process to sponsor a relative: http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-us-citizen
 

Mr Fiji

Hatching
Apr 25, 2015
5
0
9
Montclair, CA
I'm so sorry you are dealing with this. It seems like a sticky situation for sure. I would definitely seek a new lawyer. Unfortunately I'm on the other side of the country, and am not very well versed in this area. I hope you can get things worked out though! :hugs
Thank you. We tried seeking a new lawyer, but when we consulted one, he said that our current one is the best, since he deals with both immigration and criminal cases. Unfortunately, our lawyer has not been responding to our calls, and he has not even contacted or met my Dad in jail yet. We are trying to contact him and see if my Mom and I can present our appeal in front of the judge before my Dad gets deported. I have PTSD and depression from when he was orginally arrested (I don't take medications), so maybe this can be used in our defense as to why it's important that my father's case be looked at again. But this may not be as helpful, since I am legally an adult now 19 years old. Nonetheless, my Mom and I will share our struggles that we had a hard time dealing with, while my Dad was in jail for those 4 1/2 years. Also, my Mom has cataract and glaucoma, which we could use in our defense as to how and why we depend on my Dad for support. We are also now trying to see if we can appeal for a pardon or waiver, and which proper paperwork needs to be filled. Another thing we are looking into is, if we can get a pardon from the President of United States, or the Congress, but we don't know how to go about it. We just know there is a slight possibility that the President of United States can look at our situation. My Dad's case was in the 9th circuit, but we are also looking at options such as a higher court. Only if our lawyer can respond and be more communicative at a time like this.
What about going to the Fiji embassy?
We haven't contacted them, but I don't think it'll be any help. My Dad has not been deported yet, they still have him in custody. But if I were to contact them, what should I ask?
I'm afraid there's not much that can be done. He overstayed his visa, which is a serious offense to USCIS, they don't care about the reason. He got arrested and spent time in jail, strike two. Your income is not high enough to sponsor him, strike three. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf QUOTE] Thank you. I hope it's not the 10 year ban, because he will be 70 by then. He needs us, as much as we need him. All 3 of us have made a life for us here and no longer have anything in Fiji of our own. We do not want to depend on family, friends, or the government, both in Fiji and in America. At my parents age, they are too old to become a burden on relatives to help them get back on their feet. They need each others support. Since our lawyer isn't responding to us, can you please tell me which the forms need to be filled out, considering what I've shared so far? http://www.uscis.gov/forms
 
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