Legal Question in Immigration Law in California

My fiance and I have been living in the USA for 10 years illegally. We both work and have 2 american born children. We entered the U.S. on the visitors waiver, not intending to stay this long, but it happened. My fiance's sister is a green card holder here. She wanted her brother to move here as he wasn't doing so well in the U.K. And we were together back home so i naturally followed (being young and in love)! I'm the oldest of 6 kids in my family, and being too scared to visit Scotland as i know about the 10yr barr, i've always had my family come here for vacation. One of my younger sisters just turned 15 and Delta Airlines assured me that, that was an age my sister could fly alone at. I wanted to bring her for 3 months as i miss them all terribly. Anyways she was taken into Customs at San Fran airport and held for 1hr 30mins, before they called me.. They asked to come out and speak to my fiance and I.. sure i agreed, i had to get to my sister. After a few questions they had us (+our 2 kids) go back to the office. When they realized we're not green card holders, we were made to sit there for 8hrs... it was a miserable time, worse my two young daughters. So we gave our statements on why we here, how we entered and so on.. Now we are being told the case will be passed to ICE and then we'll receive a date to appear in court. I'm not sure what to expect of this, or what the Judge should expect from us. The man in charge at Customs was very nice and says this could actually be our big break that we've waited 10yrs for.. Me? Well, after reading some stories online, im just not that confident. Thing is I've spent all my adulthood here (came when i was 18), and im scared to go home, I no longer know that life. Any advice would be much appreciated, thanks for reading!


Asked on 2/26/11, 12:25 am

1 Answer from Attorneys
Seeta Nangia Law Offices of Seeta Nangia

You will probably receive an NTA (Notice to Appear) in Immigration Court. You may be eligible for cancellation of removal. Cancellation of removal requires that prior to the service of the Notice to Appear, you have maintained continuous physical presence

in the United States for ten years or more, and you have been a person of good moral character during such period; you have not been convicted of certain crimes; and your removal would result in exceptional and extremely unusual hardship to your United States

citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.

Please feel free to call me to discuss this matter further.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 2/26/11, 12:08 pm


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