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My husand is currently in Removal proceedings...it started in 2011 when ICE came to my apartment looking for a friend of his and with our luck of course his friend was there...and since my husband didnt have any identification they took him as well. He stayed in jail for about a month until i was finally able to bail him outfor 3,000 with immigration. we got a lawyer applied for i 1-30 had our interview and was approved. he has had 2 courts. we have not gotten any farther than the i 1-30 because we are so low on money and he has his 3rd court in june..im so scared he might get deported soon..a lil on his background ( he entered ilegally without inspection in 2003 and has been here ever since..hes only got tickets and paid them off for no DL he has 1 DUI but was approved for a diversion which he is payin off)... Can anyone tell me what usually happens at the 3rd court for immigration??? i want some ideas on what might happen since we havent gone any farther than the i 1-30 im goin to pay the nvc next week which i was told once we pay that we have 1 yr to fix papers...but somone in a similar situation?? BTW we have no kids and have been together for 6 yrs married for 3
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Although his I130 is approved , he will not be able to adjust his status. His entry date is the main issue here. Although his 130 is approved , he has to go back and enter again . of course he need waiver to get back to US also. the best bet is to do counsulate processing. other than that you are not eligible to file any more form like I485 because he is already in Removal proceedings. and once the case goes to court, adjustment can only be happend in court ( matter of jurisdiction)
If I were you I should go out and ask judge to take voluntary departure and save the $3000 and go out and get I130 transfered to counsulate of your country and come back legally.
Caution: only take voluntary departure if he really want to go, otherwise it will be nightmare.Its a discussion, not a legal advise.. -
OK, there is also something else you can do. Have you heard of the Provisional Waiver that just started on 3/4?
May I suggest reading here for more info -
http://immigrate2us.net/forum/showth...nd-Information
http://www.uscis.gov/portal/site/usc...00082ca60aRCRD
It sounds like your husband is only going to have the 9B unlawful presence ban. Even thought he has had a DUI, it isnt that hard to overcome and wont cause an additional ban. So it looks like he would be eligible for the Provisional Waiver.
You DO first need to get the immigration judge to administratively close his case or stop the removal proceedings -- since you have an I-130 approved and are about to start the NVC step - when you go to the master hearing in June, you might be able to have them do this. Can you get a lawyer to go with you in June to the hearing??? And request this with intention of filing through the Provisional Waiver? (I-601A)
Come to immigrate2us.net for more info - lots of people are going through this same thing and they are super helpful.
He will have to eventually return to his home country for a visa interview - but separation will be minimal - instead of 6+ months - as long as your waiver is approved.
Good luck!!!!Comment
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My husband had to go thru the same thing actually we are still going thru it. He had to voluntary depart the country of course you may qualify for the PW but ive heard that they have to have good moral conduct which means zero DUI/DWI. But if you have an atty perhaps he can look more into it. But while we were waiting for the master hearing my case was NOT forwarded to NVC until after my spouse departed the country. I hope that isnt your case, we called several times and they said they had nothing...big mess. We are still waiting to get a waivr for other reasons. I wish you the best and hopefully you dont have to seperate from your spouse its one of the hardest most frustrating things. Good LuckComment
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