I suggest you to consult a layer. The suggestions here in Sajha are not aunthetic. I heard a Nepali Layer, Khagendra GC is in New York or consult any other immigration layers.  

BouncingBack · May 8, 2009 4:57 PM

Bhaktaman Ji, I am sorry to hear about your mum. I think that it is a good idea to hire a good professional immigration lawyer who knows the lawful ways to get your mum back and file assylum for her. It's better to take prompt action through a lawyer rather than spending more time to wait  our suggestions.Good luck for your mum.

nepalitexan1 · May 8, 2009 5:02 PM

I know but am all confuse where to find lawyer. I am at Alabama and she is in Newyork. I just dont want her to stay on jail for long time. And now its weekend dont know where to find lawyers either whom to trust and know who are infact good.

Bhaktaman · May 8, 2009 5:16 PM

Bhaktaman Ji Sorry to hear the situation. We all hope everything will work out. Please contact Immigration Attorney with specialization in Defensive Asylum/Removal. We all pray for your family union the the earliest. Here's the process, mom may have to undergo: Asylum-Seekers and Expedited Removal Any person subject to expedited removal who raises a claim for asylum - or expresses fear of removal - will be given the opportunity to explain his or her fears to an Asylum Officer.  Recognizing that some refugees may be hesitant to come forward with a request for protection at the time of arrival, immigration policy and procedures require Inspectors to ask each individual who may be subject to expedited removal the following series of "protection questions" to identify anyone who is afraid of return: Why did you leave your home country or country of last residence? Do you have any fear or concern about being returned to your home country or being removed from the United States? Would you be harmed if you were returned to your home country or country of last residence? Do you have any questions or is there anything else you would like to add? If the individual expresses a fear of return, the individual is detained and given an interview by an Asylum Officer.  The role of the Asylum Officer is as an Asylum Pre-Screening Officer (APSO) who interviews the person to determine if he or she has a credible fear of persecution or torture.  This is a standard that is broader -- and the burden of proof easier to meet -- than the well-founded fear of persecution standard needed to obtain asylum.  Those found to have a "credible fear" are referred to an Immigration Judge to hear and then judge their asylum claims.  This places the asylum seeker on the "defensive" path to asylum. Most individuals who are found to have a credible fear of these are almost immediately released to relatives or community groups, or on their own recognizance.  However, some are not released, and instead are detained while their asylum claims are pending with the Immigration Judge. http://www.ailc.com/services/a...

santoshgiri · May 8, 2009 5:23 PM

Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} LIST OF NEPALI ATTORNEYS IN NEW YORK. Chhetry & Associates, P.C., 363 7th Avenue, Suite 1500, New York, NY 10001 ,(212) 947-1079, info@chhetrylaw.com Law Offices of Keshab Raj Seadie, Immigration Attorneys & Counselors at Law, 146 West 29th Street, 10th Floor, New York, NY 10001, Phone:(212) 571-6002, Fax: (212) 571-7302, Email: keshab@greencardmaker.com   Law Office of Ramesh K. Shrestha, 377 Broadway, Suite 801, New York, NY 10013, Tel: (212) 625-3394, Fax: (212) 431-4460, Info@shresthalaw.com Binod Roka, Binod Law Associates, Normal 0 false false false MicrosoftInternetExplorer4 Normal 0 false false false MicrosoftInternetExplorer4 53-33, 37th Road Woodside, NY United States 11377,  binodatlaw@gmail.com,   Normal 0 false false false MicrosoftInternetExplorer4 718-606-9733, 718-606-2543 Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) }

santoshgiri · May 8, 2009 5:35 PM

To be in such situation must be no less than nerve wrecking. Sorry to hear the news. I have my own story of dealing with US Immigration about few years back. I had applied for asylum but they rejected me on the first interview and they sent my case to immigration judge. I knew I had little change on getting through the review of the decision so I decided not use any lawyer. I represented myself and waived my right to be represented by a lawyer. The funniest thing happened on the date of my hearing at the Immigration Court. I arrived at the scheduled hearing late and for some reason the judge got there late as well so basically the immigration judge and I got there at about the same time. It saved my day. The judge would have ended the hearing for 'no show' had the not judge arrived late. The judge declined to accept my case and gave me 60 day voluntary departure notice. I left the US after a month and applied for asylum at a Canadian border at border crossing in New York State. After going similar asylum procedure in Canada I was finally accepted as Convention Refugee by Canada in about 5 months after I arrived in Canada. Now I have gained full Permanent Resident status in Canada and I kinda see the whole experience of dealing with the US Immigration as some sort of bad dream. It was a thrilling experience though.

Khaobaadi · May 8, 2009 6:27 PM

thanks all guys for help I appreciate a lot.  I tried to contact the attorneys no one is available till Monday. will it be too late till Monday? do anyone have guess how much it cost around? And if she is held in jail how long will she be there? I just wish at least she could get voluntary departure showing she hast worked here. As she did it on cash.

Bhaktaman · May 8, 2009 7:59 PM

Hey folks, expert pls help bhakteman! I hope everything will be alright. A sincere wish from fellow nepali! kanchu!

kanchu! · May 8, 2009 8:41 PM

Thanks kanchu I appreciate all your help just pray for her.

Bhaktaman · May 8, 2009 9:08 PM

I wish I were an attorney and could be some help to you. I will pray from by bottom of the heart for your mom brother. Here is one contact no, you might want to contact him. help it helps. nepali lawyer ramesh shrestha, NY http://www.shresthalaw.com/Sub... Last edited: 08-May-09 09:47 PM

kanchu! · May 8, 2009 9:41 PM

I wish you Best of luck man...sorry to hear that

truthspeaker · May 8, 2009 10:23 PM

Bhaktaman Ji Immigration law is a federal law and lawyer from any state can represent. If you have any contact in Alabama, talk to them. You can find immigration attorneys online on Google as well. I will see if we can get anyone tomorrow on Saturday. Hopefully, she will get released after the preliminary interview. Moreover, the "weekend" situation may be adverse to us. Nagad maa kaam gareko bhaye record maa dekhidaina ni ...

santoshgiri · May 9, 2009 12:09 AM

she did work on cash like 3 months.but the immigration officer went through my mom diary and started to call thts wht i know and  call that person too. Immigration officer  said my mom had applied job in New jersery and need reference and the owner said ya she did and how much he even paid. he asked immigration officer where is she and he said outside. when i call the owner later he was feeling sorry too. he told me later on he can say he got confuse with other employee name. thts only the reason i am hoping to get good outcome when it goes to immigration court coz she hasnt worked on ssn. I worked all my school days with ssn went to nepal 3 times never got caught. I dont know whom to blame luck or destiny. Lastly I really appreciate your help a lot. Thanks!

Bhaktaman · May 9, 2009 1:00 AM

Let us know brother.

santoshgiri · May 9, 2009 5:32 PM

I think you should get a REALLY good lawyer who specializes in removal proceedings and detention. By "specializes" I mean they deal with cases such as detention and deportation ( now called removal proceeding) as their daily bread and butter than an immigration lawyer who primarily deals with visa processing or employment-based permanent residence process. Here's a great Lawyer that I know of. I had to use her service for one of my relatives who was on removal proceeding and I highly recommend her. She's friendly, really sweet, and she was a president of New York chapter of American Immigration Lawyers Association (www.AILA.org). She is also CHAIR of the New York ICE Detention and Removal Committee http://www.cheryldavidlaw.com/ I think you should get a lawyer from New York even though Immigration Law is a Federal Law because they know the inner workings of the court system here, and maybe some have gov attoreney as friends. Of course, you need a strong defense to win the case but little things like these can help to move your case forward or at least have a sympathetic ear. good luck. p.s: Since this is an emergency, here's her phone number: 212-791-7608 Last edited: 09-May-09 08:59 PM Last edited: 09-May-09 09:10 PM Last edited: 09-May-09 09:10 PM Last edited: 09-May-09 09:11 PM

eyefusion · May 9, 2009 8:56 PM

Eyefusion, thanks a lot. I will try to contact her tomorrow. but if you dont mind can you give me information about ur friend. what she was charged with and where was it? I mean did she got caught  at port of entry or she just got notice on her mailing address. lastly did her case get dimiss and is she here? Santosh giri I did talk to some attorney. They are too confusing to me. As far as I am not sure whether tp fight the case for her removal proceeds or asylum thing. both attorney cannot give me any idea. I guess I need to talk to her deportation officer on Monday and find myself. Then I can see which attorney to go for deportation or asylum. Once again I appreciate all your guys help.

Bhaktaman · May 10, 2009 12:28 AM

I can not give you more information about my relative without asking the person first. However, I don't think this information will be of much use to you because my relative wasn't detained at port of entry.So even though this case doesn't exactly match with your mother's case, its still a deportation case and in terms of complexity, my relative's case should not be any lower than yours. The big point here is to get a great lawyer who deals with deportation issues much more than regular immigration matters.I think the lawyer I mentioned above is a great choice. This lawyer is a chairperson of ICE detention and removal committee of AILA.You will be in good hands.I know from meeting her that if she thinks your mother's case is weak, or that there is no chance to win the case, she will not take up the case and waste your money.I guess she has her reputation to protect. :) As a disclaimer I say that I am not a Lawyer and this is a personal suggestion. good Luck

eyefusion · May 10, 2009 10:05 AM