Saturday, July 26, 2008

Update on post from May

I wanted to go back and update the situation I wrote about in this post.

First my SIL. She decided to move back to her apartment after about six weeks. At first, her ex was supposed to move out and claimed he would help pay the rent until she could find a job and/or get housing. Well, guess what? Stupid her allowed him to move back with her. After everything that happened between them, I had a sneaking suspicion that would happen, but she doesn't want me to tell her brother otherwise he'd get really pissed. I wouldn't blame him either. DH really hates that guy for what he's done to his sister. Anyway, the only good out of this is that my SIL decided that she would allow my niece to come live with us temporarily so that she can stay in school here. All my SIL needs to do now is to get some papers signed giving DH and I legal temporary custody of our niece allowing her to live with us and deal with anything that happens in school. She better hurry because school starts in 3 weeks.

Now to the immigration problem.

We got there and were told that we wouldn't be interviewed like they originally said we would. Turns out the judge already had his desicion. His explanation was that because he is only an admistrative judge for immigration he does not have the authority to base his decisions on anything other than the written fact. Therefore, he had to deny DH's petition to cancel removal proceedings. Here's the catch: we still had the right to appeal. So we said we'll appeal. Which means another year at least that DH can stay legally working until we hear from the appeal court. If that desicion is still a no, we have the right to appeal again to the 9th circuit court. Our lawyer said that we are lucky that we are living in CA because in any other state, the judges ruling would have no appeal possible.

What this means for us is another $3000 out of pocket, another year of waiting, and the possiblity that we will have to do another appeal. We've spent already $6000 on the case. Dont' get me wrong- it's worth the time and money if it means we still have a chance at a normal life together, but it's money we really don't have lying about, KWIM?

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