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Mohan and all, I need your advice on I-130 petition

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  • Mohan and all, I need your advice on I-130 petition

    Hello Mohan, we've exchange some emails before around late last year. I do have a post somewhere on the board too regarding my situation. My problem right now is that we are assuming my husband is facing a bar of 3-10years because he was deported. We never got any letters from INS. Now, we were married in 2000 and I petitioned him under 245i and we went to the INS for our interview in Aug 2001 but his file was rerouted to a different office and they couldn't go thru with the interview. They never gave us a new scheduled appointement till they detained him 8 months later and deported him 2 months after that. Our 1st attorney didn't do the proper things of reopening his case and proper motions so he was detained and nothing was happening to his case till he then got deported. So we hired a second attorney and this attorney seems not to be doing anything with our case either. He filed for rerouting of our approved petition to the embassy of where my husband is. But after 1 year, we never got any notices that the INS even got our I824 application to reroute petition. Our attorney said that after applying we should hear something after a month! It's been 1 year and I called him a few months ago asking him whats going on and he said he'd make some calls. WOAH! If I hadn't called him, he wouldn't call! Then after that, he never got back to me even if I called his office 4 times and left messages. I'm so distressed now.
    Ok, back to my original request for advice. Sammy adviced me that I should reapply the I 130 petition since I never got any notices of approval or any receipts from INS. This is just to get the ball rolling again. I would attach a letter with the reapplied petition stating that I already applied before but never heard anything. My problem now is what to put on the I 130 if I reapply. Do I put all of the same information as the original application? A lot of things have changed now. I had to sell our house because my husband paid for all our bills. I stopped working after our first son was born. We have a 3 and 2 year old sons. Our incomes have changed etc. I can't just sit here and let time go by. Like "SPOUSE's" husband, my husband is not a criminal. We've paid the fines, he's done his detention for being ignorant of immigration laws. Eversince we've got married, we followed all INS rules. But his past ignorance caught up with the present. Too bad that interview didn't happen then all would've been ok. Please advice on what I should do. Thank you.

  • #2
    Hello Mohan, we've exchange some emails before around late last year. I do have a post somewhere on the board too regarding my situation. My problem right now is that we are assuming my husband is facing a bar of 3-10years because he was deported. We never got any letters from INS. Now, we were married in 2000 and I petitioned him under 245i and we went to the INS for our interview in Aug 2001 but his file was rerouted to a different office and they couldn't go thru with the interview. They never gave us a new scheduled appointement till they detained him 8 months later and deported him 2 months after that. Our 1st attorney didn't do the proper things of reopening his case and proper motions so he was detained and nothing was happening to his case till he then got deported. So we hired a second attorney and this attorney seems not to be doing anything with our case either. He filed for rerouting of our approved petition to the embassy of where my husband is. But after 1 year, we never got any notices that the INS even got our I824 application to reroute petition. Our attorney said that after applying we should hear something after a month! It's been 1 year and I called him a few months ago asking him whats going on and he said he'd make some calls. WOAH! If I hadn't called him, he wouldn't call! Then after that, he never got back to me even if I called his office 4 times and left messages. I'm so distressed now.
    Ok, back to my original request for advice. Sammy adviced me that I should reapply the I 130 petition since I never got any notices of approval or any receipts from INS. This is just to get the ball rolling again. I would attach a letter with the reapplied petition stating that I already applied before but never heard anything. My problem now is what to put on the I 130 if I reapply. Do I put all of the same information as the original application? A lot of things have changed now. I had to sell our house because my husband paid for all our bills. I stopped working after our first son was born. We have a 3 and 2 year old sons. Our incomes have changed etc. I can't just sit here and let time go by. Like "SPOUSE's" husband, my husband is not a criminal. We've paid the fines, he's done his detention for being ignorant of immigration laws. Eversince we've got married, we followed all INS rules. But his past ignorance caught up with the present. Too bad that interview didn't happen then all would've been ok. Please advice on what I should do. Thank you.

    Comment


    • #3
      regarding your case, first of all your first attorney should have filed motion to reopen. You filed I-130 before 245i expired(as you said) this will grandfathered you for LIFE act and preserved the eligiblity for adjustment at later stage but, your husband status cannot be adjusted because he had outstanding deportation against him. due to this out standing deportation INS BCIS lost itsa jurisdiction to adjust his status, only Court can adjust him So your attorney has to do the Motion to reopen and once motion is granted then only he can adjust his status. ( that was the story of your first attorney and went wrong way ) resulting interview was not processed.
      Next, Your husband was detained and got deported after two months, it will make his eligible for any relief for five years.
      Transfering the petition to consulate normally a lengthy process and takes more then a year. Sammy advised you and put you in right direction. Processing of new I130 takes less then transferring. You should write the same information you wrote before but must attach the evidence that you filed visa petition before 245i expired.this will make your husband eligible for 245i.
      the information changed since can be filled in supporting form of I 864,G325 not I130., if you think you can't meet the Poverty line then get someone as co sponsor.
      Its a discussion, not a legal advise..

      Comment

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