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Thread: Need advice Husband Deported

  1. #1
    I've been reading a lot of the posts here and most seem very helpful with lots of compassionate people. I'm hoping someone can help me as well. To make my long story short, My husband was deported in 2002. I'm a USC with all my family members are USC too and we have 2 USC toddlers. He came here as a tourist and then tried to adjust his status thru Asylum. All this while he had an EAD card, SSS # and paid his taxes and never got in trouble with the law. His previous atty. was trying to fix his case in 94 but they were denying him asylum so they were trying to appeal. When we got married in 2000, I petitioned him thru I-130. and even paid the $1000 under 245i. We were going to have the adjustment of status interview in August 2001. We had an appt. but the interviewer said they have to reschedule coz the file was being rerouted. 8 months passed till he had to renew his EAD card again in 2002. THen spring of 2002 they picked him up and after 2 months detention, deported him. They said he had an order of voluntary departure. OUr atty. messed up the case by just waiting and waiting to hear from the INS instead of filing a motion to reopen his case. TIll we fired him and when we got a new atty, it was too late. Now, this new atty. said that we should file for I-824 and reroute his paperwork to the Embassy where he's at. And it should take a month. IT's been 11months now and
    we haven't heard anything. I think this Atty. we got is a slow poke too or something. I keep trying to follow up with him and he said he'll find what he can find out but hasn't gotten back with me for 2 weeks! So i'm hoping someone can give light to me on this board.

    I'm confused. My question is, if he got deported already and is facing the 3-10yr bar, do you think my previous petition is still active? Or should we just reapply all over again and maybe it would be faster? And also apply for the K-3 spouse visa? But of course a lot of information would be different coz our living situation is different now. We had to sell our house etc....

    PLEASE ADVICE ...it would be much appreciated.

  2. #2
    I've been reading a lot of the posts here and most seem very helpful with lots of compassionate people. I'm hoping someone can help me as well. To make my long story short, My husband was deported in 2002. I'm a USC with all my family members are USC too and we have 2 USC toddlers. He came here as a tourist and then tried to adjust his status thru Asylum. All this while he had an EAD card, SSS # and paid his taxes and never got in trouble with the law. His previous atty. was trying to fix his case in 94 but they were denying him asylum so they were trying to appeal. When we got married in 2000, I petitioned him thru I-130. and even paid the $1000 under 245i. We were going to have the adjustment of status interview in August 2001. We had an appt. but the interviewer said they have to reschedule coz the file was being rerouted. 8 months passed till he had to renew his EAD card again in 2002. THen spring of 2002 they picked him up and after 2 months detention, deported him. They said he had an order of voluntary departure. OUr atty. messed up the case by just waiting and waiting to hear from the INS instead of filing a motion to reopen his case. TIll we fired him and when we got a new atty, it was too late. Now, this new atty. said that we should file for I-824 and reroute his paperwork to the Embassy where he's at. And it should take a month. IT's been 11months now and
    we haven't heard anything. I think this Atty. we got is a slow poke too or something. I keep trying to follow up with him and he said he'll find what he can find out but hasn't gotten back with me for 2 weeks! So i'm hoping someone can give light to me on this board.

    I'm confused. My question is, if he got deported already and is facing the 3-10yr bar, do you think my previous petition is still active? Or should we just reapply all over again and maybe it would be faster? And also apply for the K-3 spouse visa? But of course a lot of information would be different coz our living situation is different now. We had to sell our house etc....

    PLEASE ADVICE ...it would be much appreciated.

  3. #3
    Which embassy are you dealing with? Yeah your atty's sound ****y pretty much. If you go K-3 route you will need to file a 601 waiver as well. Unfortunately, since they are very tricky, and you must prove extreme hardship which doesnt necessarily only apply to him being in another country; you may want a real lawyer specialized in this area to file it for you. Sammy, Mohan, Sab, Pasha are all really good ppl to post your Q to.

  4. #4
    Michael
    Guest
    "never got in trouble with the law...They said he had an order of voluntary departure"

    Again, IMMIGRATION LAWS ARE LAWS. You can not choose which laws you feel like following today. There is no such thing as an "order of voluntary departure" - that is an oxymoron. He was not deported. He agreed to leave and broke the law by not leaving.

  5. #5
    Excuse me Michael...but I don't think you're reply was very helpful. Yes, we accept that his first lawyer who was appealing his case way before I even knew him, did not tell him all of his case and when he was calling him, the atty. had retired! Now, he visited the immigration office, got his EAD card and when we finally met I was petitioning him. Now, too bad they just didn't tell us of that order and should've just deported him right away before we had 2 kids! But that's the end of the story. He's not here in the US anymore. THere's no fixing the past. What we can try to fix is the future.

    My question was.. now that he's deported, is my petition of I-130 still active? Or is it gone and put aside ? Do I apply for a new one? SO we can do the I-160 waiver ? Coz I know you can't submit a waiver till they receive a petition to call us for interview. I feel like a sitting duck. I don't know if our papers are waiting to be processed or it's not valid anymore.

  6. #6
    WHY was deportation proceedings initiated against him anyways? He committed crimes? He tried to enter fraudulently? what happened?

    -= nav =-

  7. #7
    Im not an expert but just guessing once your spouse was deported his case file @ BCIS would be closed. I dont think they will continue to process a petition when the person has been deported. Have you contacted the office where your original petition is? I guess you might have been unable to find ur answers. Maybe you could get a congressman involved to do an inquiry on your behalf.

  8. #8
    Moondin: his fault was that he didn't leave the country in 95 when he was supposed to voluntarily. There was no communication with his previous lawyer and him. He's never committed any crimes. We met in 99 and just too bad when we were gonna get the adjustment interview, the paperwork was being rerouted and they didn't get a rescheduled date for us. All this while he still went to the INS office to get EAD card and they gave it to him. ANyways...

    JULIE: Our new atty as I was saying, well he supposedly inquired at the office last year & said the file was there and he applied for the I-824 for file to be rerouted. But I just have a feeling that either he didn't do it or maybe the petition doesnt exist anymore coz he's deported. I don't know though if filing another I130 would hurt us?

  9. #9
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    I know there is no fixing for the past, but I believe-you and your husband should admit that he is the sole responsible for all this mess in his life, your life and your kid's life. It's seemed that he had definately filed for bogus claim for asylum. That's why he was not even worried or serious to file appeal in 94-95, or not even a motion to reopen it even when you guys got married. If he would have believed that his claim for asylum was a bonafide claim, then he would have fought for it until the end, like how serious you guys are now because he wants to get back to US even though he had been deported. From beginning, he knew it very well that there was no appeal going on in his case, since he never hired another attorney to do appeal work once his previous attorney retired, then how you guys can claim that attorney messed up his case, because you did say it on one of your post. The truth is- your husband filed bogus claim for asylum, and did not care about it once it got denied, because he knew it that there was no use to appeal or reopen it since it would deny anyhow because there is no truthness in his claim. Now, you guys want everything okay as you wish. It doesn't work that way.

    First of all, he filed bogus claim for asylum. Secondly, he deliberatly disregarded the 'voluntary departure order' to him and overstayed here illegally so long since 1995. Now, you can not expect to fix everything for the future as you guys wish. Future always has the consequences of past. Let me tell you also that just because he married to USC [you] or have USC-children, especially so young children, it won't help him even a little bit under new law. Because, he must need to file waiver I-601, wherein he needs to convince EXTREME HARDSHIP to you and his children. Being merely separated from each other, won't make him proving the claim of 'EXTREME HARDSHIP' requirement. And, if children are less than 10 yrs of age, then courts and BCIS would deny the claim of extreme hardship to children also if your children will move to his country to be with him. Unless, there is very compelling reasons like medical reason, wherein either you or your kids are suffering and being treating medically here, and do need your husband beside you guys, otherwise I don't think personally that BCIS would approve I-601. Without this waiver, he can not come to US.

    Moreover, now he would need to file I-212 also, because-[1] He is subjected to 3-10 yrs bar to reenter US because of deportation, [2] he is subjected to 10 yrs bar also because of overstaying so long previously. So,even though he had filed tax here previously, had SS#, has no criminal record, he must need to overcome these three bars, I meant- one on I-601 and two on I-212.

    If I-130 for him would have been approved before his deportation, then he could not have been deported. Instead, he would have been then presented in front of Immigration judge to adjudicate his I-485. I just don't understand-why he went to BCIS for EAD when he knew that he violated immigration court's order for voluntary departure. He should, at least, have tried to reopen the case after his marriage to you, so that BCIS would not have deported him until his case for asylum would have finalized. This way, he could buy some time to get approval on I-130. Well, all this is history now.

    The first thing, you need to do now- fire this current attorney and find another one. You need to find the one, who will show compassion in your husband's case. It's seemed that this attrorney is only cared about his/her fees. Anyhow, this attorney is not doing anything. How come s/he is advising you that I-824 needs to be filed, especially when I-130 is not approved yet. I-824 can not be filed if there is not approval on a petition, and you did not say anywhere yet that I-130 has been approved already. You must contact your congressperson to get the status of your I-130 first. Thru them, you could get response very fast from BCIS. Your I-130 should be active, because I am not aware of any deadline for the validity of a petition. Your husband's deportation has nothing to do with processing of I-130. I-130 is only a petition for verifying the legitimacy of relationship. It has nothing to do any immigration violations or any other stuffs. You should move fast to get to know the status of your I-130. If it gets approved, then you can either file for K-3 for your husband for him to come over here, and then should file AOS here in US. He can also choose to process his whole paper work in his country. He can file the whole application at abroad once again even though you or he had filed paper work previously here. If you can get approval on your previously filed I-130 then you need to attach the approval notice with his paper work at abroad, or you can submit another I-130 again, but you need to tell the truth on it that you did file previously for him but never heard anything until now. If he had filed I-485 previously here, then it is considered dead now because he had been deported. So, he needs to file another application for immigrant visa. There is a different between I-130 and I-485.

    Regardless of where his paper work would be processed, he must need to file waivers- I-601 and I-212. And, you can not file waiver until his case is denied first or he is asked to file first. You should know that it doesn't matter to govt whether you guys live together or not. They could say that why don't you go to his country to live with him if you really love him that much. Anyhow, granting a immigrant visa is a privilege and not a right. Don't waste anymore time like you've been waiting so far even though your husband has been deported so long. Even your husband also had waited so long since his asylum case denied in 94. So, move fast now. Find the status of your I-130 first, Or file the whole paper work again with the copy of your previously file I-130 or new I-130 with the copy of previously filed I-130. If I were you, I will file whole paper work again at abroad, and would forget about any status-check on I-130 or even if I would be paying processing fee for I-130 again. At least, case will move fast immediately then. Good Luck.

    [This message was edited by SAMMY on November 14, 2003 at 02:19 PM.]

  10. #10
    Yes, you can get deported with an approved I-130. My husband got picked up 3 months after our I-130 was approved. The ICE officers told me when they came to our house, it was because of the I-130 that they found which state my husband was living in, and waited for for an updated address when I went to renew my drivers license. That was from their mouths. (ICE)

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