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I was thinking the same thing. In the meeting with IO, there was no mention of Deportation. The IO seem like he was on the up and up. But would they really bar her from coming back and she is a mother of a 2 year old. That would seem very cruel. In the meeting the IO said they would forward her file to Guz electronically and now she has recived her Guz case file. They also informed her that they will send all information and letters to her local address so I guess she will follow there instructions and see what happens.

The husband did say, " worse case, he will move if his wife can not come back. He is a professor at a local Univeristy...here so it should not be hard for him to find work there.

 

carl

200031[/snapback]

There are a number of cases where the USCIS begins deportation hearings and then deports the mother with no regard to the family or children. These cases have hit the media and still gone forward in the favor of the USCIS, they don't care about what appears to be cruel, love or children. What some people consider grey areas are often not grey according to the law.

 

Hopefully they have received some good advice and no one will deviate from the intended plan and they can enjoy their lives together with as little disruption as possible, but they need to be prepared for the worst possible outcome.

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If she has been accruing unauthorized time, and she leaves the US, it will invoke a ban to reentry. If that period is over one year it is a ten year ban. She can try to file a waiver based on hardship, but it is the hardship  on the US citizen and that's pretty hard to overcome.

 

Frank provided the links to dcwfn's case which is very similar. Read up on it.

200046[/snapback]

I agree the possiblity exists for a reentry ban, but if the USCIS begins the deportation process it's possible for it to become a lifetime ban from entry. Since they have attended an AOS interview and received specific instructions she is on the USCIS radar and exactly how to make them happy and her family happy at the same time is the tough part.

 

The basic situation absolultely sucks, hopefully they can find an attorney who can offer better options.

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