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Re: To Move Back From America Or Not... by Mancala: 2:48am On Nov 26, 2018
Babyvet:


But why does the op have to get married ? People keep mentioning marriage , marriage in the western world is different from marriage from back home . Even if of some you guys are encouraging arrangeee, the op only has $3k , so I don’t think that would be enough.

We were all suggesting marriage because that is the only available option based on a presumed attempt to stay and regularize her status. I am not proposing she pay for an arranged marriage. Far from it. I believe she can find true love quite easily here in the States . There are lots of people looking for love and companionship,it may just not be in her age bracket. Having said that, is marriage for love not a recent Western development? As far as I know, marriage as recently as the last century was mostly arranged. Each party expected clearly defined benefits going into the marriage. Thus, marriage is defined as a contract between two people. I wonder why the government frowns on marriage for immigration benefits? Perhaps it's wrong if it's solely for immigration benefits and if it's paid for, but if it's just one of the accompanying benefits, then so be it. This is what marriage in antiquity was all about. Both sides gaining some defined benefit .

1 Like

Re: To Move Back From America Or Not... by TheCongo2: 2:50am On Nov 26, 2018
Mancala:


We were all suggesting marriage because that is the only available option based on a presumed attempt to stay and regularize her status. I am not proposing she pay for an arranged marriage. Far from it. I believe she can find true love quite easily here in the States . There are lots of people looking for love and companionship,it may just not be in her age bracket. Having said that, is marriage for love not a recent Western development? As far as I know, marriage as recently as the last century was mostly arranged. Each party expected clearly defined benefits going into the marriage. Thus, marriage is defined as a contract between two people. I wonder why the government frowns on marriage for immigration benefits? Perhaps it's wrong if it's solely for immigration benefits and if it's paid for, but if it's just one of the accompanying benefits, then so be it. This is what marriage in antiquity was all about. Both sides gaining some defined benefit .

Why not? She is only 29
Re: To Move Back From America Or Not... by Babyvet: 2:51am On Nov 26, 2018
TheCongo2:


Good point.
Setting hope on amnesty would be unreasonable

The government shut down twice over this year over the dreamers issues and they still have not legalized them. Mind you these are people who are bought here as children through no fault of their own. This administration has tough stands on immigration policies. A lot of judges have had to block Donald trump immigration policies because of it harshness. So nobody should depend on the government on legalization.

2 Likes

Re: To Move Back From America Or Not... by LUCAS99: 2:55am On Nov 26, 2018
TheCongo2:


Good point.
Setting hope on amnesty would be unreasonable

My Brother

I wonder why we Nigerians like beating around the bush...

I’m a very straight forward person so I hate playing games...

Op options is limited right now.

Op has two options to regularize her stay:

A) Marriage:

It could be broken into two

i) Genuine Marriage

ii) Arrangee Marriage

We both know the pros & cons so no need to discuss that

A) Asylum

It could be broken into three

i) Asylum before an immigration court

ii) Withholding of removal

iii) Protection against the UN Convention of torture

These three will only come up if God forbid Op is apprehended & presented before an immigration Judge

Dangerous Advice:

i) Asking Op to return back to Nigeria without regularizing her stay.

15 Likes

Re: To Move Back From America Or Not... by Babyvet: 2:58am On Nov 26, 2018
Mancala:


We were all suggesting marriage because that is the only available option based on a presumed attempt to stay and regularize her status. I am not proposing she pay for an arranged marriage. Far from it. I believe she can find true love quite easily here in the States . There are lots of people looking for love and companionship,it may just not be in her age bracket. Having said that, is marriage for love not a recent Western development? As far as I know, marriage as recently as the last century was mostly arranged. Each party expected clearly defined benefits going into the marriage. Thus, marriage is defined as a contract between two people. I wonder why the government frowns on marriage for immigration benefits? Perhaps it's wrong if it's solely for immigration benefits and if it's paid for, but if it's just one of the accompanying benefits, then so be it. This is what marriage in antiquity was all about. Both sides gaining some defined benefit .

You fail to realize that the op is a mother of two kids. If it was that easy and the op is single , why has she not married by now? I'm sure you knew about the marriage option before she opened this thread.

1 Like

Re: To Move Back From America Or Not... by Mancala: 3:00am On Nov 26, 2018
Babyvet:


okay when is the last time Amnesty happened in America ?

Happened in 1986, under the most unlikely president expected to do so, Ronald Reagan!
Some schools of thought classify the DACA program as amnesty and I agree. I believe DACA was a forerunner for full blown amnesty. I am willing to bet amnesty will happen under the next democratic president if they control both houses along with the presidency. It has been on the agenda for long, was only moved down in priority by the affordable care act.

Heck, Mr Trump may do it if they agree to build his wall grin

1 Like

Re: To Move Back From America Or Not... by TheCongo2: 3:01am On Nov 26, 2018
LUCAS99:


My Brother

I wonder why we Nigerians like beating around the bush...

I’m a very straight forward person so I hate playing games...

Op options is limited right now.

Op has two options to regularize her stay:

A) Marriage:

It could be broken into two

i) Genuine Marriage

ii) Arrangee Marriage

We both know the pros & cons so no need to discuss that

A) Asylum

It could be broken into three

i) Asylum before an immigration court

ii) Withholding of removal

iii) Protection against the UN Convention of torture

These three will only come up if God forbid Op is apprehended & presented before an immigration Judge

Dangerous Advice:

i) Asking Op to return back to Nigeria without regularizing her stay.


So, can op still qualify for asylum in the US?
Re: To Move Back From America Or Not... by Babyvet: 3:03am On Nov 26, 2018
Mancala:


Happened in 1986, under the most unlikely president expected to do so, Ronald Reagan!
Some schools of thought classify the DACA program as amnesty and I agree. I believe DACA was a forerunner for full blown amnesty. I am willing to bet amnesty will happen under the next democratic president if they control both houses along with the presidency. It has been on the agenda for long, was only moved down in priority by the affordable care act.

Heck, Mr Trump may do it if they agree to build his wall grin

1986, that was 32 years ago!!!!! Daca is not amnesty, it does not provide pathway to citizenship. The program has been canceled and is being fought in the courts as we speak. Donald himself said that he MAY legalize the dreamers because they came as children but when it comes to the adults, he is not for mass amnesty. When is the last the democratic part controlled presidency and the house?
Re: To Move Back From America Or Not... by LUCAS99: 3:07am On Nov 26, 2018
TheCongo2:


So, can op still qualify for asylum in the US?



Yes, if only if she is detained by ICE & presented before an immigration judge for the commencement of a Deportation Proceeding...

The judge will ask if she has a fear for her life if the government decides to return her to Nigeria all she needs to do is say YES & then the immigration judge will give her an Asylum Application Form to file with the court.

Under this scenario the Immigration Judge will decide her fate during court proceedings rather than USCIS.

This is called Application for Asylum with an immigration Court under deportation proceeding.

5 Likes

Re: To Move Back From America Or Not... by TheCongo2: 3:08am On Nov 26, 2018
.
Re: To Move Back From America Or Not... by Mancala: 3:15am On Nov 26, 2018
Babyvet:


You fail to realize that the op is a mother of two kids. If it was that easy and the op is single , why has she not married by now? I'm sure you knew about the marriage option before she opened this thread.

I am fully aware that she has 2 kids. It may not be easy, but it's not impossible. I know, I have personally witnessed it more than twice. In one case, the woman's kids were in their teens. She met a guy who wanted a family but did not want the stress of raising babies. Win win situation right? They are still happily married after 5 years. Word on the street then was that she will never find a man with that kind of baggage she had.

But all this may be in vain. He kids father is still around. I suspect they are still married so not an option at this point.

2 Likes

Re: To Move Back From America Or Not... by TheCongo2: 3:17am On Nov 26, 2018
LUCAS99:


Yes, if only if she is detained by ICE & presented before an immigration judge for the commencement of a Deportation Proceeding...

The judge will ask if she has a fear for her life if the government decides to return her to Nigeria all she needs to do is say YES & then the immigration judge will give her an Asylum Application Form to file with the court.

Under this scenario the Immigration Judge will decide her fate during court proceedings rather than USCIS.

This is called Application for Asylum with an immigration Court under deportation proceeding.

What if she applied for refugee via normal process to be denied given that she has been in the States for more than 1 year. My understanding is that her case will be directed to an immigration judge. Can the judge grant op refugee status in the US?
Re: To Move Back From America Or Not... by AngelicBeing: 3:20am On Nov 26, 2018
LUCAS99:


The same justwise that travelled to the United Kingdom about 10 years ago on a Student Visa...

During his interview he was able to convince the Visa Officer that he would leave the United Kingdom at the end of his studies.

That same justwise completed his studies in the United Kingdom but refused to return to Nigeria until he regularized his Stay in the United Kingdom.

That same justwise is advising the op to return to Nigeria without regularizing his stay in the United States.

The Big question is why didn’t justwise return to Nigeria immediately after his studies in the United Kingdom?

If you have done that, I would have personally taking you seriously but you choose the easy way out and got your papers but you now expect the op to come back to Nigeria without his Papers.

You’re not serious justwise...
grin
Re: To Move Back From America Or Not... by Babyvet: 3:20am On Nov 26, 2018
Mancala:


I am fully aware that she has 2 kids. It may not be easy, but it's not impossible. I know, I have personally witnessed it more than twice. In one case, the woman's kids were in their teens. She met a guy who wanted a family but did not want the stress of raising babies. Win win situation right? They are still happily married after 5 years. Word on the street then was that she will never find a man with that kind of baggage she had.

But all this may be in vain. He kids father is still around. I suspect they are still married so not an option at this point.

Either way, the op has the all information she needs it and has made up her mind about her decision.

1 Like

Re: To Move Back From America Or Not... by TheCongo2: 3:21am On Nov 26, 2018
Mancala:


I am fully aware that she has 2 kids. It may not be easy, but it's not impossible. I know, I have personally witnessed it more than twice. In one case, the woman's kids were in their teens. She met a guy who wanted a family but did not want the stress of raising babies. Win win situation right? They are still happily married after 5 years. Word on the street then was that she will never find a man with that kind of baggage she had.

But all this may be in vain. He kids father is still around. I suspect they are still married so not an option at this point .

That is the mystery
OP isn't forthcoming with her marital status
She is keeping us guessing
Re: To Move Back From America Or Not... by TheCongo2: 3:23am On Nov 26, 2018
Babyvet:


Either way, the op has the all information she needs it and has made up her mind about her decision.

My point exactly
But when someone needs help, he/she would need to disclose as much information as possible to get assistance
Re: To Move Back From America Or Not... by LUCAS99: 3:24am On Nov 26, 2018
TheCongo2:


What if she applied for refugee via normal process to be denied given that she has been in the States for more than 1 year. My understanding is that her case will be directed to an immigration judge. Can the judge grant op refugee status in the US?

She has waited more than the One year grace period usually given to people entering the United States for the first time to file for Asylum...

I highly doubt that her case will be referred to an immigration judge...

It will certainly be rejected for failure to file within one year of entering the United States, the law is very clear on that...

Whether an immigration attorney can exploit any loophole in the Asylum Law I won’t really know except she speaks to one...

Most immigration lawyers usually charge about $100 for an hour of consultation...

Op can afford to spend such amount to make inquiries regarding the possibility...
Re: To Move Back From America Or Not... by Mancala: 3:27am On Nov 26, 2018
Babyvet:


1986, that was 32 years ago!!!!! Daca is not amnesty, it does not provide pathway to citizenship. The program has been canceled and is being fought in the courts as we speak. Donald himself said that he MAY legalize the dreamers because they came as children but when it comes to the adults, he is not for mass amnesty. When is the last the democratic part controlled presidency and the house?

You forget the first two years of Obamas presidency was democrats controlling both houses! Obama promised immigration reform with a possible pathway to citizenship for undocumenteds. It was passed in the senate, did not even make it to the floor in the house because the republicans took over at the end of year 2. Full immigration legislation was upended in priority by the affordable care act in his first 2 years.
Also, note that DACA was a compromise executive action after Obama was pressured by his base to fulfill his promise. He couldn't provide a pathway to citizenship because that would have been unconstitutional. Had to come from congress.
Mark my words, it will happen. Trump may only be a one term president. Chickens are beginning to come home to roost!
Re: To Move Back From America Or Not... by TheCongo2: 3:29am On Nov 26, 2018
LUCAS99:


She has waited more than the One year grace period usually given to people entering the United States for the first time to file for Asylum...

I highly doubt that her case will be referred to an immigration judge...

It will certainly be rejected for failure to file within one year of entering the United States, the law is very clear on that...

Whether an immigration attorney can exploit any loophole in the Asylum Law I won’t really know except she speaks to one...

Most immigration lawyers usually charge about $100 for an hour of consultation...

Op can afford to spend such amount to make inquiries regarding the possibility...

I always thought whenever an asylum case is rejected it get send to the judge automatically.
Re: To Move Back From America Or Not... by TheCongo2: 3:32am On Nov 26, 2018
Mancala:


You forget the first two years of Obamas presidency was democrats controlling both houses! Obama promised immigration reform with a possible pathway to citizenship for undocumenteds. It was passed in the senate, did not even make it to the floor in the house because the republicans took over at the end of year 2. Full immigration legislation was upended in priority by the affordable care act in his first 2 years.
Also, note that DACA was a compromise executive action after Obama was pressured by his base to fulfill his promise. He couldn't provide a pathway to citizenship because that would have been unconstitutional. Had to come from congress.
Mark my words, it will happen. Trump may only be a one term president. Chickens are beginning to come home to roost !

But you can't build a life or hope on something that hasn't passed yet.Let's be real here. A bird in your hand is better than 2 in the Bush.

1 Like

Re: To Move Back From America Or Not... by Babyvet: 3:34am On Nov 26, 2018
TheCongo2:


My point exactly
But when someone needs help, he/she would need to disclose as much information as possible to get assistance

I think she gotten enough help, she is 29, an adult and she has two kids to care for. She had made up her mind. She just stated that the father of the kids is back home in Nigeria and is very active in the kids life.

1 Like

Re: To Move Back From America Or Not... by Mancala: 3:43am On Nov 26, 2018
TheCongo2:


But you can't build a life or hope on something that hasn't passed yet.Let's be real here. A bird in your hand is better than 2 in the Bush.

Patience is a virtue dear friend. You are right to some extent, but the situation is even more dire. There are no birds and there are no bushes. However, we as Nigerians are a very religious people. Faith is the substance of things hoped for, the evidence of things unseen! It may be time to excercise that faith grin

If you're good reading the political tea leaves, you will realize that immigration reform has to happen. I'm confident of that.
Re: To Move Back From America Or Not... by LUCAS99: 3:43am On Nov 26, 2018
TheCongo2:


I always thought whenever an asylum case is rejected it get send to the judge automatically.

Ok.

I just read it up & it says that since she doesn’t have any status anymore in the United States her case will be referred to an immigration judge & a notice to appear for deportation proceeding will be sent out to her.

She needs to explore the Marriage route first, hopefully it will work.

Last thing she needs is trying to bring attention to herself by applying...

That would even put her in more trouble since she will now be in deportation proceeding if the Asylum Application is denied...

My best advice remains the same keep a low profile until you find somebody to marry...

God forbid she gets apprehended she can always apply for Asylum before an immigration judge...

The Asylum option still remains on the table & open for her so their is no rush...
Re: To Move Back From America Or Not... by TheCongo2: 3:59am On Nov 26, 2018
Mancala:


Patience is a virtue dear friend. You are right to some extent, but the situation is even more dire. There are no birds and there are no bushes. However, we as Nigerians are a very religious people. Faith is the substance of things hoped for, the evidence of things unseen! It may be time to excercise that faith grin

If you're good reading the political tea leaves, you will realize that immigration reform has to happen. I'm confident of that.

And how do you know if she shares the same faith as you? She could be an atheist. Why do Christians always come up with bible verses even when there is no indication that the person they are talking to is a Christian?
Re: To Move Back From America Or Not... by Itiswellblessed: 4:02am On Nov 26, 2018
Mancala:


For the former and especially the latter half of your response, I am truly happy for you and your kids. However, am I impertinent to assume you are still married to your kids father? If you still are, and will remain so, then I'm sorry, I have no other suggestions to regularize your stay.
But you could consider this. American immigration laws are always changing. There is a strong possibility that congress may pass lesgislation granting "forgiveness" to all illegals in the future. It has happened before. They need to figure out what to do with an estimated 20 million undocumented immigrants sometime soon. The longer you're here, the better your chances. But this means y'all being in limbo for an indefinite amount of time. And what about hubby in Nigeria?
The first best option is to amass as much funds as yo can and take your children home to be with their father.

No...I'm no longer with my kids father and I don't try to deprive him access to his kids.
Re: To Move Back From America Or Not... by Itiswellblessed: 4:12am On Nov 26, 2018
LUCAS99:


Yes, if only if she is detained by ICE & presented before an immigration judge for the commencement of a Deportation Proceeding...

The judge will ask if she has a fear for her life if the government decides to return her to Nigeria all she needs to do is say YES & then the immigration judge will give her an Asylum Application Form to file with the court.


Under this scenario the Immigration Judge will decide her fate during court proceedings rather than USCIS.

This is called Application for Asylum with an immigration Court under deportation proceeding.

Are you an immigration lawyer? Can see you're so vast in issues like this.
Re: To Move Back From America Or Not... by LUCAS99: 4:22am On Nov 26, 2018
Itiswellblessed:


Are you an immigration lawyer? Can see you're so vast in issues like this.

I’m not an immigration lawyer.

I just have a basic knowledge regarding the United States Immigration Laws.

I have people that I passed through what you’re passing through today & they all survived.

Trust me, you case is easy.

Some people here in the United States are in a worst situation.

It may take time for you to get your papers but it will surely end in praise.

It takes anywhere from 5 years - 7 years for most people that came in with a visitor visa to regularize their stay.

As long as you go about your normal business & don’t do anything that would get you arrested then nobody is going to deport you.

Don’t Drive without a License

Don’t shoplift

Don’t ride an Uber or Lyft without paying

Don’t engage in disruptive behavior

As long as you stay in your own lane nobody is coming to get you simply live your life as you would if you had your papers together...

Don’t forget you’re black...

Blacks don’t crack...

Don’t crack under this simple pressure...

I repeat your case is easy.

Just take it day by day there is no rush...

Nobody is chasing you...

7 Likes

Re: To Move Back From America Or Not... by Mancala: 4:59am On Nov 26, 2018
Itiswellblessed:


No...I'm no longer with my kids father and I don't try to deprive him access to his kids.

Well then, let the games resume! I have seen some very good advise on what to do/ not do while you remain here and work on next steps. I will add just a few additional pointers.
1) Like in the real estate business .....location location location. Your geographic location can have a huge impact on the timeliness of your success. If possible, move to a location where the odds are better.
2) Research what authority has been granted to the local/ county sheriffs and police. In some jurisdictions, I believe like in Arizona and Texas?, local police are authorized to inquire and obtain proof of legal status from subjects they have stopped for other reasons. Stay away from border areas where CBP patrols. There have even been cases of CBP questioning folks at TSA checkpoints
3) Do not accept any government benefits. I repeat, do not accept any government benefits
4) Do not under any circumstances present yourself as a U.S. citizen or do any thing that's the exclusive right of a citizen like vote
5) Finally, show those kids a ton of love. Hugs, kisses, occasional special treats. They are yours and you are theirs. At times like this, y'all need to comfort each other.

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Re: To Move Back From America Or Not... by Mancala: 5:14am On Nov 26, 2018
TheCongo2:


And how do you know if she shares the same faith as you? She could be an atheist. Why do Christians always come up with bible verses even when there is no indication that the person they are talking to is a Christian?


She doesn't need to share the same faith as me to visualize and believe in something she wants to happen in her life. They say, the best way to predict the future is to make it happen or faith and works produces results. To directly answer your question, Out of the abundance of the heart, the mouth speaketh! I can only speak of what I know. I hear no complaints when I quote Shakespeare or Sherlock Holmes. Let's focus on the fundamentals of the matter at hand and not get derailed by unassociated differences.

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