Immigration help: Ordered to Deport, but now has 4 American children. Too late for Extreme Hardship case?

Question

My brother-in-law is from the Central Republic of Africa. He came here over a decade ago during one of their civil wars. At the time he claimed asylum, and the Immigration courts denied him and ordered that he deport voluntarily.

He did not deport. And since then has married my younger sister. And they have 4 children together. He has been working steadily, and is the bread winner in the household. My sister and he hired an attorney a few years ago to reopen his case based upon Extreme Hardship, but that attorney was soon after disbarred and they haven't heard from him since.

Well yesterday Alex, my brother-in-law, was detained yesterday, and may be deported soon.

I'm fuzzy on my Immigration Law. But, I believe that once an alien is ordered to deport, he does not get another day in court.

So, can anyone tell me whether he is due another day in court? At this point, will he be given another trial in which he can claim Extreme Hardship? If it's possible, what do I need to do to request this?

Answer 1

Since it appears he hasn't had an appearance before the immigration judge, it's not too late, but he definitely needs to see a good immigration attorney as soon as possible before seeing the IJ. There's no guarantee that he'll get a waiver based on extreme hardship, but there may be a chance. Did your sister ever file an immigrant visa petition for him?

Answer 2

If he was ordered to self deport the US already has a deportation order for him. Consider him gone! He had his chance for court a decade ago!

Answer 3

I believe what the young lady asked was for LEGAL ADVICE and not personal opinions.

Please follow the example set by JB Honore and answer the question appropriately.

Answer 4

Best case for you would be to contact an immigration lawyer.  Also using immigration websites for help

Answer 5

Let me make it clear....  The law already told him to get out...  he should get out voluntarily or by force, if necessary.

Answer 6

I see nothing regarding racists or racist comments here.... the law ordered the man to self deport and he has not done so....  the law will respond accordingly.  He is an illegal alien, regardless of race, he SHOULD be deported if he does not do it himself!

Answer 7

Why are you wasting time on a forum like this? if you are really that desparate, FIND A REAL  IMMIGRATION ATTORNEY!!

Answer 8

This gentlemen should never have fathered 4 children when he was in the US illegal.  Now, IMO, he should pay the price!  He should be deported immediately.  And, I hope my country does this.  I'm not saying it's the "heart" thing to do, but it's the legal thing.  I'm sorry for your sister, but she was old enough to have children, she should be old enough to know her husband was breaking American Law.

Answer 9

As tough as it sounds, he's an illegal. If he had left when told to, he wouldn't have 4 kids here. I'm sorry but Laws are Laws. He choose to ignore them. Now he and his family must suffer for HIS blatent disregard of our laws.