sathi ho,
I have a very good friend, he got deporation in 1999, while he was trying to help someone to bonds from immigration. He did not go back to Nepal. Now he is in DHS custody almost 20 days on traffic vilations. He also has 5 year US citizen son. I consulated so many lawyer Indian and Amercan so on. Indian Lawyer almost all asking money first and they says they will reopen the case however almost all american lawyer are saying they will executed previous deporation without any bail or bonds. I am very frustrated with these legal system.I don't know how to get rid of this good man from DHS custody.
can you guys/gals suggest on this matter, what should I do? Let help this good man.
peace

please tryo get from American lawyer because they are nice and more helpful than crazy so-called Indian Lawyer. Indian lawyer are not a LAWYER - LYEIR. hoping you will get good help to solve a nice nepali's problem. i will talk with my lawyer and let u know as soon as possible.

neo ji: on seeing the nature of your friend's problem i would say Indian lawyer would be better than amrican

Budray Ji,
How I can trust them? They were asking money 5 grand and they are saying judge will setup hearing or not. They are not sure what they are doing? I am puzzle. can you more speicify why we should go after Indian Lawyer?
Peace

neo r u talking about Upendra ??? anyway its good to hire american lawyer ....... indians will make already complicated situation more complicated.

If he was here in Dec. 2000, he can apply for employment based relief. The deportation order is hard to cancel unless, he applies for EOIR-42 A or B, u did not mention his status and his status of arrival. Secondly, ICE doesnt deport anyone if one has a pending petition. I am really not aware of the situation. Is he married to a US citizen wife? where is his case pending?

jai Hindu, neo Nepal is talking abt the guy I know, he came to US well before 1998, rt now he has two son who were born here, he came here in F1 status, was caught by INS trying to help other girl. Actually what happened was he went to INS office to pay bond for nepali girl arrested by INS, but somehow he had his own paycheck in his pocket and INS people found it, his passport was confiscated ....... he was out in bond himself but he decided to go illegal ........... no he is not married to american girl, he is married to nepali but have 2 american kids, will that help ??? ..... his registration was out, cops pulled him over ....... they found out about his past and he found himself in trouble. This is his situation ......... if there is any nepali law students or who knows abt american INS law ........... help him out ...... what will happen to the kids ???????

i am not the law student, but at my first sight i understood the case is very complicated. his two kids might not be much helpful in this regard although they are born in US, they need to be 18 yrs to apply for citizenship, at this moment they just deserve US citizenship after they become 18. In my opinian Indian lawyers may be better than american to flipflop the case by incorporating him with the american INS law.

MAY THE GOD BLESS HIM AND HIS FAMILY!
LET'S PRAY FOR HIM, WHO KNOWS OUR PRAYERS MIGHT BE ANSWERED!

Neo Ji,

Person like you are rare to find. People are lucky to find a friend like you. You're doin good!

Shit happens sometime. Forget the past. Lets try to get him out... I feel more sorry for his kids.

What is his wife's status? If she is american citizen, he has big chances. On top of that, he has his kids born in america, so there are lots of positive sides and lots of conditions to apply. I think he will win the case with little bit difficulty and some period of time. The tip is - he has to admit his guilty and ask for forgiveness.

Go to these sites
http://www.aila.org/
http://www.theodora.com/resource.html
http://www.refuseandresist.org/detentions/idx.php

or try 'american lawyers' in google, there are heaps. I bet you'll enjoy google search.

My advise is to find a good american lawyer(definetly not indian, they sucks) who has actually done similar cases before with positive results. Dont try others, you may fail and banned for some long time.

Good luck!

my understanding is, having american kids does nt help in this kind of situation. If someone is illegal and his/her spouse is legal citizen, still it is very complicated in such case. I have heard one case where husband was legal and wife was illegal and she was aked to leave country. some good lawyers might be helpful.

SUSPENSION OF DEPORTATION
Any expulsion proceedings commenced on or after April 1, 1997 are removal proceedings rather than deportation or exclusion proceedings.
However, persons who were placed in deportation proceedings prior to April 1, 1997 as well as NACARA applicants may still be eligible for suspension of deportation.

A deportable alien may apply for permanent residence through suspension of deportation if he is able to fulfill the following 3 conditions:

1. He must have been continuously physically present in the U.S. for at least seven years. Absences which are "brief, casual and innocent" do not interrupt the continuity of the alien's physical presence.
2. He must be a person of good moral character.
3. It must be an extreme hardship upon the alien, or his spouse, children or parents who are citizens or residents of the United States if he were forced to leave the country.

- http://www.shusterman.com/deport.html

Neo_Ji:
How about Hispanic lawyers? They deal with deportation issues all the time......have you tried them yet?

If he has clocked out the voluntary departure period, it will be really complicated. Was the verdict from the immigration court? Did he appeal to BIA or the circuit courts? Employment under F-1 is deportable but he could have applied for immediate reliefs. If he in ICE custody, he needs to, appeal further, is he is out of the voluntary departure period. Check out if he can get relief from 245(i), in which employment is forgiven, he can also apply for EOIR42B for the hardship of his two kids. There are a lot of alternative if there is a good litigator. Remember, if any of his case is not pending, he will be deported anytime. So, I would highly recommend to find a good lawyer. Apply for adjustment of status under 245 (i) as he was here in dec. 2000. File a motion to reconsider and adjustment of status with BIA, if he not one pending. If he does not have an approved LC, he can buy from someone,make sure the date covers 245(i). Once the adjustment application is filed, no one will deport him.

his spouse is illegal too ............ only kids r citizen

ritthe_jasus,
Read my comments thoroughly.

Neo Nepal,
In this complicated it is a lot better to get Indian American attorney. If you really serious about this case and are seriously want advise regarding an immogration attorney, please Rehan Siddique @ 972-245-9990. He is the president of Asia Media Communication based in Dallas, TX and is aware of various very good immigration attorneys as he run their ad through his radio and also invites them on his radio on a frequent basis to provide some immigration tips.
So, in my opinion it is the best to contact him immediately and get a referral from him. Regarding the fees upfront, some attorneys demand and others don't. But whatever it is, right now you need and Indian American attorney. Good Luck to you and your Friend!!!

Please look for Good American Lawyer. If his lawyer can show the financial hardship then they may let it go. If he has two kids and he has the legal custody then that is also helpful. Matter of fact he can get a work permit on that ground. Please contact the bar association he can get a free lawyer and they are good. If he has good moral that is also helpful. which area are we talking about? Case is little complicated but deportation can be waived. Good luck!

Neo,

Forget about Chor Indian Lawyers and some idiot American lawyers. Find a good Jewish Lawyer. Although, finding a jewish lawyer is a piece of cake, finding an excellent one might be difficult. Do some research, where they went to school, how long they have been practicing, how many cases they have won and etc.
You want to get your friend to be out of there, so you want to do it right from the beginining. What do you guys think?
G'luck!

neo nepal there is a Nepali lawer in Boston ....his name is Sunny........he is helping many Nepalese and has a very affordable rate. I do not have his number right now but I can get it for you if you want to call him. Please let me know so I can get his number for you

I DEALT WITH RAVI KANWAL AND HIS CO-ATTORNEY IS RAJU DAI : 303-698-0370, 303-863-7385.
THEY ARE REALLY NICE AND HELPFUL GUYZ.
MAY BE THAT HELPS!
MAY GOD BLESS HIM AND HIS FAMILY!
REGARDZ...
SEAN