missed our interview date in juarez mexico

[Still Learning]

TomasaD, you need to start reading, and a lot. There are a lot of threads on here about the immigration process involving spouse adjusting status and waivers, also on the other site that I listed. Your husband must have a bar, otherwise why file a waiver? Or, did attorney advise you to prepare a waiver in CASE your husband was barred?

[TomasaD]

yes he is. Is there any hope for us?

[sappyconifer]

The way I read it her husband EWI and would not be able to adjust here.

[sappyconifer]

TomasaD, are you a US citizen?

[TomasaD]

All I know is the my lawyer advised me and my husband that when we get to mexico they probably would ban him from the U.S.A. for having unlawful presence, and that we needed that waiver approved before we get there. I'm sorry I sound a little confused, but my lawyer has some kind of story for every thing I don't know what to believe. He tells me one thing and I'll ask another lawyer another and some other lawyer and he tells me something completely different.

[TomasaD]

Yes I am

[SunDevilUSA]

Her husband entered illegally. This means that he must leave the country to obtain an immigrant visa.

When he goes to the interview at the Consulate in Mexico, he will be prevented from receiving a visa because he'll be subject to the ten-year bar against admission (because he remained illegally in America).

At this point, a waiver application will be filed, which may or may not be granted.

Once the husband leaves America, he will be barred from returning without a waiver.

Don't hold your breath waiting for "amnesty." It's not gonna happen. The American people are opposed to it.

Just a thought: do any Mexicans ever enter America legally? Why do people from Mexico - in such large numbers - have such little regard for the concepts of sovereignty and the rule-of-law?

[sappyconifer]

A compelling waiver application stressing the hardship that she would have if he is not permitted to return sounds like the only answer.

As Still Learning expressed, the other forum has a fair number of people in similar situations and I believe that an attorney, Laurel, often visits there. Immigration attorneys do focus on specific issues. You need an attorney with strong background and success in waivers. This one sounds to me to be out of his depth.

[TomasaD]

So can you give me any advice what to do from here. I just missed our interview date. what's the next step? My lawyer hasn't called me back to let me know what we should do from here.

[SunDevilUSA]

When you "missed" your interview, your application was automatically denied.

It may be possible to request that your case be reopened for consideration. If this isn't possible (I'm not a lawyer, and unsure as to whether it can be reopened), you would need to file a new application. Have you received a letter from USCIS advising you that your application has been denied? This letter may give your options to appeal to have your case reopened for consideration.

[sappyconifer]

I'd get a second opinion, to see if the lawyer is guiding you correctly. I can't imagine why he would advise against the waiver interview, since that will be the only way your husband could return and adjust here legally at this time, unless your attorney felt that your letter of declaration was weak and would not be approved.

Sorry, I know very little about waivers, but I do know that the US citizen spouse has to demonstrate that life separated from the alien would be a significant hardship and that the alternative, life with the alien in his country, would also. The US citizen typically writes how various situations would place unnecessary strain on her and her children. Usually, hardship declarations cover as many elements as pertain to her situation, all showing hardship on the US citizen
such as:
Financial hardships
Employment hardships
Medical hardships
Children impacted negatively
Family members that may be impacted
Socio-Economic harships
Future growth hardships
Language barriers
Religious impacts

[marmaduk]

If the attorney felt the letter is too weak, then isn't he supposed to assist them in writing a better one?
At this point, I don't think there's anything left to do but trying to file for reopen or filing a new waiver alltogether. Maybe the folks at www.immigrate2us.net has other suggestion that they can share as well.
The irony is, by filing the I-601 the OP husband has just create a paper trail for himself. Afterall that, I still can't believe a lawyer would actually recommend skipping the interview...

[Still Learning]

Makes me wonder if there is more to it.... such as, maybe there's a reason the attorney doesn't think the waiver will be approved. Not strong enough letter, maybe husband has something else going against him, etc.

Is this attorney one who takes care of mainly immigration issues?

[Knowabit]

Bad advice from the attorney, but you know that already. Call the Consulate at 011-52-477788-7070 and see if you can reschedule the interview. Go to the interview and the officer will identify whether or not a waiver is needed. If your husband entered the US illegally and was in an unlawful presence for more than 6 months, he will need a waiver. File the waiver and you have the option to submit the extreme hardship evidence at that time or you can send it to USCIS within 30 days after filing. The notice the consulate gives you has the address, etc.

[sappyconifer]

TomasaD is in the US. Correct phone number to use would be 1-900-443-3131