Need to file I-212 and I-601

[leth]

hello! i want to know what do you all think about my husband's case.. i met my husband on october 2002... i wasn't USC before.. i have a permanent resident before we met.. we got married on august 2003 in florida.. i got my US citizenship last May 2006.. we hired a lawyer to do my citizenship.. i knew i could do this by myself but because of my husbands status here we thought hiring a lawyer is the best thing to do... my husband is illegal in here.. he crossed the border of mexico and got caught and released..he got a deportation letter from the immigration but he didnt open it and he knows its a deportation...he didnt know he got a court hearing that he didnt attend.. after i got my citizenship my lawyer process the I-130.. November 2 of year 2006, my husband got interviewed.. i was with him and our 2 year old daughter at that time and with a lawyer... his I-130 got approved in front of me.. after that the officer told me to wait outside.. i thought everything was ok.. then, after maybe 15mins... i saw my lawyer without my husband.. they didnt let him go.. I was shocked and don't know how to react.. but the officer said to file I-212...(there's more explanation about this lawyer... but this lawyer i could say is not good enough to be called lawyer, so be careful on choosing a lawyer, seriously)..... my husband got detained in pompano beach... and deported december 12 in BRAZIL... I have a new lawyer who's processing his case... and i believe this lawyer is takin care of his case... he filed an I-824.. and got the answer just last week... and the answer is to file I-212... the filing fee change and so expensive..... my husband don't have any criminal record... the only thing he did is crossed the border and got caught.. we already 4 years now this august.. im residing in my parents place here in georgia with my daughter that now is 3 years old.. and starting to ask me about his dad.. she knew her dad is in BRAZIL.. and asking me when we are going there.. im in very bad situation emotional and financially... im loosing my condo in florida.. it got sold but i didnt get anythng from it.. i loose our truck (F150 toyota returned to carmax and paid like 600 something dollars with the help of my mom and i own her)... ..
my question is... is there's a chance of getting approved in I-212 and I-601??? please help me and please reply... it will make me feel comfortable.. sorry about the long story... thank you for your all patient in reading this..

[pen1137]

caught and released, then EWI? can you provide more details, dates, etc.? did your first lawyer try to adjust status in-country? if so, report him to your state bar assoc.

[nadiah_25]

hello! i want to know what do you all think about my husband's case.. i met my husband on october 2002... i wasn't USC before.. i have a permanent resident before we met.. we got married on august 2003 in florida.. i got my US citizenship last May 2006.. we hired a lawyer to do my citizenship.. i knew i could do this by myself but because of my husbands status here we thought hiring a lawyer is the best thing to do... my husband is illegal in here.. he crossed the border of mexico and got caught and released..he got a deportation letter from the immigration but he didnt open it and he knows its a deportation...he didnt know he got a court hearing that he didnt attend.. after i got my citizenship my lawyer process the I-130.. November 2 of year 2006, my husband got interviewed.. i was with him and our 2 year old daughter at that time and with a lawyer... his I-130 got approved in front of me.. after that the officer told me to wait outside.. i thought everything was ok.. then, after maybe 15mins... i saw my lawyer without my husband.. they didnt let him go.. I was shocked and don't know how to react.. but the officer said to file I-212...(there's more explanation about this lawyer... but this lawyer i could say is not good enough to be called lawyer, so be careful on choosing a lawyer, seriously)..... my husband got detained in pompano beach... and deported december 12 in BRAZIL... I have a new lawyer who's processing his case... and i believe this lawyer is takin care of his case... he filed an I-824.. and got the answer just last week... and the answer is to file I-212... the filing fee change and so expensive..... my husband don't have any criminal record... the only thing he did is crossed the border and got caught.. we already 4 years now this august.. im residing in my parents place here in georgia with my daughter that now is 3 years old.. and starting to ask me about his dad.. she knew her dad is in BRAZIL.. and asking me when we are going there.. im in very bad situation emotional and financially... im loosing my condo in florida.. it got sold but i didnt get anythng from it.. i loose our truck (F150 toyota returned to carmax and paid like 600 something dollars with the help of my mom and i own her)... ..
my question is... is there's a chance of getting approved in I-212 and I-601??? please help me and please reply... it will make me feel comfortable.. sorry about the long story... thank you for your all patient in reading this..

Wow Leth, that happened to me! EXACTLY!!! I was deported last year while they approved my 130 but my lawyer was not with us, he said "It was not necessary".....(He knew I had a pending deportation orded from a apeal that was denied and failed to tell me about it)
What we did, to make our process faster, my husband filed for a K3 visa, a fiancee visa so we can get an apoitment fast to turn in waivers as the process for the 130 takes over a year. Now you have the 2 options, wait for the 130 process or apply for the k3 visa either way you will get an apoitment at the embassy where the visa will be denied. He will need to file the I 212 for the deportation and the 601 for the illegal status while in the US. Once you get those approved, your husband will get his visa or green card. You just need to find out weather he qualifis for the waivers... I did, I entered back in 1990 when I was 12 with a visitor visa and never left, lived in USA for over 17yrs.
You may want to research here on the furum as there is tons of inofomation, they can help you with waives and the hardship letters if you choose not to use an attorney. I know it can be $$$$... The most important thing you need to find out, is weather you husband qualifies for a waiver of not! Did your husband came in on a visitor visa or why was your lawyer adjusting status in the country? Did it expired and that is why he got deported?


Good Luck and let us know if you need help with anything!

[leth]

thanks nadiah! my husband is illegally entered here in US. i guess i hired a stupid lawyer ever. actually the entire processing on my husband's case this lawyer never show up or never seat and talk face to face.. it was my first time to hired a lawyer.. i just saw him in TV advertisement. the whole entire processing i only talked to a paralegal people in that office. i don't know why they process a adjustment of status. they knew that he was illegal in here.. he dont any visa.. he just crossed the border of mexico.. got caught and released..

here's the story what it happened....i post this to the our web... i just want some opinions and advices...

my husband is from brazil. he enter in the US illegally. he crossed the border of mexico. i would say he got here year 2000 or 2001. he got caught in the border and got released. he received a letter from
immigration but didn't care to open it. he already knew it was a deportation letter. by the year 2002 we met i guess that's the end of the month of october in georgia. i was a permanent resident at that time and i got here is US year 2000. me and my husband got married august of 2003. we have a daughter that was born on january 2004. we thought about processing my citizenship on that year 2005. and i thought it's good too, so we can process my husband's papers.. i hired a lawyer that advertise in TV. name is AMERICAN IMMIGRATION COUNCIL in boca raton,fl. first consultation is free. but i didn't talk to a lawyer its a paralegal. they said that they can do something for my husband. we told them everything from the very beginning about my husband status here in the US. so we ask about how much for everything. then the second appoinment, we pay them the down payment.. and didn't see and talk to a lawyer. they process my citizenship first. got approved and got my citizenship certificate may 2006. so it's my husband's turn to process he's case. they filed I-130 for him. he got a letter from the immigration and got interview november 2nd 2006 in the morning. so we talked to our lawyer..oh no no no!!
in this time not lawyer paralegal again..we NEVER seat with this lawyer and never discussed anything in face to face. it was my first time to hire a lawyer so i really don't know how it works. so,, we have another paralegal ( i remember, there's a 3 paralegal people i spoke to in person and told us about what they will do and what will happen) they said on my husband interview he will get detained because they found out that he got a court hearing that he didn't attend (remember about that letter he didn't open?) so i said ok. they said that he will be released though and they will give him an ankle bracelet and he can still work.. i said ok!! then, they said we going to need a lawyer to show up in that interview day. because the lawyer that i hired is not in town. so me, i was stupid to believe that. ( sorry, it was my first time to hired a lawyer) so we need to pay a 300 dollars to get a lawyer for that interview. so we paid. on that day, my husband's I-130 got approved. and i was thinking .. wow! so everything went well. then, the officer told me to go out because she will need to ask some questions to my husband .. so i said ok! after 15-20mins my lawyer got out without my husband. he got my husband's wedding ring ang necklace and the photo album that we brought on that interview for proof. i felt that i fell to a place that all u can see is dark.. i can't cry but confuse.
right now.. im in the process of waiver for my husband.. what happen to my previous lawyer??.. i told them i dont want them to continue they're service. they going to do motion to re-open that time.. but i said no. and let my husband to go home. they really did a bad job on my husband's case... but i didnt argue with them, i just didnt think its a good time to argue with them. my husband got detained in pompano beach which not so far from our place. i was going to see him in that weekend. but he called me one day morning he said they're going to be trasferred in texas. which i would not see him at all.by december 12 2006, he got deported in brazil. now im here in georgia with my parents. i haven't a chance to see him at all even his last day in US.

there's a lawyer that i hired right now, and he did I-824 .. got an answer from the homeland and saying to do I-212...and now he will do a I-212 waiver. i want to know in base of the story i told. what do you all think about his case.. is there's a big possibilities he will get approved. he don't have a criminal record. please post what do u all think about this. and how long will it be.right now, is like everything is like a nightmare that if i could only hurt myself just to wake up. i just don't want to be in this situation. everyday is geting tougher and tougher... i just pretend that im strong for the sake of my daughter. i just hope it will end..just want to see my life with my husband again.. and a happpy family.....
thank you for the time for reading this story of mine. and remember to be very careful in choosing a lawyer. i learned my lesson now and it cost me a lot. not only money but husband. have a great day and god bless!!

i hope u understand what i mean here. i really do need help.. and thanks again for ur reply nadiah!

[tonyr7]

hey leth im tony
i know your husband
i was in BTC and deported the same day to australia
you can apply for him to come back, but you will need to file I-601 and I-212 after his visa is denied at the consulate
i have done it and am waiting for the bangkok embassy to decide

[leth]

tony! really, u know my husband?!! what a surprise! yeah he was detained in pompano but got transfer to texas. and deported. i felt bad when they ttransfer him.. right now, i dont know what's gonna happen.. lawyer is very expensive.. my lawyer is doing the I-212 and I-601.. and do u know that the filing fees went up.. im still struggling to make that money to process he's papers.. u know im the only one here. im staying with my parents house here in georgia. we have a condo in florida, but we sold it and didnt get anything. it's just so hard just being single mom... so what's ur case?? did u have a I-130 approved? how long is the processing of ur case? do u have any family here? sorry if i have a lots of questions..

[leth]

hey pen how can i report this attorney in the state bar? 'cause u know he's name is on the papers and i never talk to him personally as in never, i talked only to paralegal.. he really did a bad job. and i paid him a lot and didnt show up to my husband's interview, and pay another lawyer to show up on that day.. this kinda people really dont deserve to be a lawyer.. they dont care what can happen or maybe they already know but because its about money they don't care about us who will suffer at the end... i highly dont recommend AMERICAN IMMIGRATION COUNCIL.. if u see this in TV its all balony! they dont care about your case.. specially, to those illegal no papers.. be careful with them they might just give you to the immigration and send back and they can get money for that.. they don't protect you, even u pay them.

[pen1137]

was this a florida attorney?

"Attorney Consumer Assistance Program (ACAP): Our Client Assistance program is called the Attorney Consumer Assistance Program (ACAP). ACAP is the department that handles client complaints and even can resolve some problems before a complaint is filed. Call the ACAP Hotline - 866/352-0707.

Clients' Security Fund: The Clients' Security Fund was created by The Florida Bar to help compensate persons who have suffered a loss of money or property due to misappropriation or embezzlement by an attorney."

best of luck!

[tonyr7]

hey leth
my wife and lived in jacksonville Fl
she filed a new I-130 while i was at BTC that was back in november 06
i recently had my interview at sydney consulate here in australia
we had to file 601 and 212 and we are just waiting on the approvals
all up its taken 8 months to get to this stage
we did use a lawyer in miami to try to help stop deportation but the lawyer just made matters worse
so we have done all this ourselves
dont give up hope you will be together again soon

[nadiah_25]

thanks nadiah! my husband is illegally entered here in US. i guess i hired a stupid lawyer ever. actually the entire processing on my husband's case this lawyer never show up or never seat and talk face to face.. it was my first time to hired a lawyer.. i just saw him in TV advertisement. the whole entire processing i only talked to a paralegal people in that office. i don't know why they process a adjustment of status. they knew that he was illegal in here.. he dont any visa.. he just crossed the border of mexico.. got caught and released..

here's the story what it happened....i post this to the our web... i just want some opinions and advices...

my husband is from brazil. he enter in the US illegally. he crossed the border of mexico. i would say he got here year 2000 or 2001. he got caught in the border and got released. he received a letter from
immigration but didn't care to open it. he already knew it was a deportation letter. by the year 2002 we met i guess that's the end of the month of october in georgia. i was a permanent resident at that time and i got here is US year 2000. me and my husband got married august of 2003. we have a daughter that was born on january 2004. we thought about processing my citizenship on that year 2005. and i thought it's good too, so we can process my husband's papers.. i hired a lawyer that advertise in TV. name is AMERICAN IMMIGRATION COUNCIL in boca raton,fl. first consultation is free. but i didn't talk to a lawyer its a paralegal. they said that they can do something for my husband. we told them everything from the very beginning about my husband status here in the US. so we ask about how much for everything. then the second appoinment, we pay them the down payment.. and didn't see and talk to a lawyer. they process my citizenship first. got approved and got my citizenship certificate may 2006. so it's my husband's turn to process he's case. they filed I-130 for him. he got a letter from the immigration and got interview november 2nd 2006 in the morning. so we talked to our lawyer..oh no no no!!
in this time not lawyer paralegal again..we NEVER seat with this lawyer and never discussed anything in face to face. it was my first time to hire a lawyer so i really don't know how it works. so,, we have another paralegal ( i remember, there's a 3 paralegal people i spoke to in person and told us about what they will do and what will happen) they said on my husband interview he will get detained because they found out that he got a court hearing that he didn't attend (remember about that letter he didn't open?) so i said ok. they said that he will be released though and they will give him an ankle bracelet and he can still work.. i said ok!! then, they said we going to need a lawyer to show up in that interview day. because the lawyer that i hired is not in town. so me, i was stupid to believe that. ( sorry, it was my first time to hired a lawyer) so we need to pay a 300 dollars to get a lawyer for that interview. so we paid. on that day, my husband's I-130 got approved. and i was thinking .. wow! so everything went well. then, the officer told me to go out because she will need to ask some questions to my husband .. so i said ok! after 15-20mins my lawyer got out without my husband. he got my husband's wedding ring ang necklace and the photo album that we brought on that interview for proof. i felt that i fell to a place that all u can see is dark.. i can't cry but confuse.
right now.. im in the process of waiver for my husband.. what happen to my previous lawyer??.. i told them i dont want them to continue they're service. they going to do motion to re-open that time.. but i said no. and let my husband to go home. they really did a bad job on my husband's case... but i didnt argue with them, i just didnt think its a good time to argue with them. my husband got detained in pompano beach which not so far from our place. i was going to see him in that weekend. but he called me one day morning he said they're going to be trasferred in texas. which i would not see him at all.by december 12 2006, he got deported in brazil. now im here in georgia with my parents. i haven't a chance to see him at all even his last day in US.

there's a lawyer that i hired right now, and he did I-824 .. got an answer from the homeland and saying to do I-212...and now he will do a I-212 waiver. i want to know in base of the story i told. what do you all think about his case.. is there's a big possibilities he will get approved. he don't have a criminal record. please post what do u all think about this. and how long will it be.right now, is like everything is like a nightmare that if i could only hurt myself just to wake up. i just don't want to be in this situation. everyday is geting tougher and tougher... i just pretend that im strong for the sake of my daughter. i just hope it will end..just want to see my life with my husband again.. and a happpy family.....
thank you for the time for reading this story of mine. and remember to be very careful in choosing a lawyer. i learned my lesson now and it cost me a lot. not only money but husband. have a great day and god bless!!

i hope u understand what i mean here. i really do need help.. and thanks again for ur reply nadiah!


Hello Leth,

Sorry to hear you are going through all of this... but you have found this place where most of us are going through the same thinh, unfortunually the law is the law and there is no gray spaces, it's either black or white. I know how hard this must be, I have NO ONE in Mexico, all of my family is in the USA and even though I was born in Mexico, it's like a foreing country, just if I would have been deported to Brizil with your husband...

As far as your case, you said that your husband was cought crossing the border, here is a link that tells you weather he qualifies for a waiver of not.
http://immigrate2us.net/forum/showthread.php?t=120, according to this, he does not qualify for a waiver since he was sent back, then re enter again, BUT I could be wrong... I recomend you get in the chats with Laurel Scott's, she is a really good immigration lawyer that host FREE chats on Wed. mornings, and ask her about your case to make sure. Here is the link where you would need to go http://www.visacentral.net/forum.html

You can ask her about your case and what would be the best thing you can do, she does them every Wed. mornings at 11am TEXAS times, she is in Huston and she gives very good advice. You might want to hire her as your lawyer if she can help... I hear she charges $125 for phonce consultation and has payment options... just a thought since you are going to spend the $$$ on another lawyer why not get the best...

Don't worry and be glad you found this place! It is filled with tons of info, I whish I would have found it before my interviews and before I had gone through like 6 lawyers.....
I hope she can help and give you a GOOD advice on what to do, and as allways, let me know if there is anything you I can do....

Good Luck and God Bless....
Nadia

[jesuslovesyou]

if he recived a letter from immigration means he was asked to come to court and he did big mistake by not going to it now he probably is ordered deported in absencia and is inelegible to enter for 10 yrs if he entered after that again he is ineligible for life nd only eligible for waiver after 10 yrs .

only avenue is 9th circuit perez gonzalez provision or 245(i) and he has to be in country for that so check on those issues

JLU

[leth]

thank you so much or all of u guys! it makes me feel relieves to have somebody care about my situation. i just want to know..
i receive a note from the US citizenship and immigration services that my husband needs an I-212 to reenter the country.. and the district adjudications officer is the one who signed it... it's an answer for the I-824 that my lawyer did.. so does it means that he got a change for that waiver? even that immigration officer who interview my husband told me to file an I-212.. i just hoping there's a chance for my husband... im stressed and depress right now.. the address from this letter is from the NATIONAL VISA CENTER.. so why he or she will tell us that needs to file I-212 if there's nothing can do about this case?? just confuse.. i want to give myself a relief that there's something good will happen but im afraid about the negatives... i just pray so much about everything will be ok.. but thank u soo much for all of you.. for those who knows or opinions about this, please keep posting it ..
i would appreciate it..