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alondra
08-13-2007, 08:05 PM
Hello,

I am new to this website. I will go ahead and explain my situation:

My husband EWI to the US in 1995 first time. My husband and I got married in Sept. of 2000. We have three children together. My husband is from Mexico. We filed for his green card in April of 2001. The law of 245I was in. In Nov. of 2002 husband's passport was stamped at the interview. In June of 2003 we get letter requesting us for a second interview. We found out the in the intial interview we mention my husband got arrested and sent back to Mexico in Feb. 2000. He reentered EWI in same month of FEB. 2000. We had no idea if INS had any record of such entrance or not and were advised by lawyer to disclose it. At the second interview we were requested to send an I601 waiver. The city were he was arrested has no record of arrest in FEB. 2000. INS has no record of him signing anything but because we mention it is how they know. In July of 2003 we get a letter stating INS is rescinding green card if we don't give good reasons why they shouldn't. Our lawyer submits waiver I212 along with copies and evidence already submitted with waiver I601. We never got an approval or denial of waivers. In July of 2006 we get an NTA. Our lawyer advises us to move to OK. Our lawyer then does a change of venue in Nov. 2006. It was granted. We have gone to four master calendar hearings since then. We have a merits hearing in Sept. INS attorney is accusing us of fraud. We moved to OK just get INS benefits. I would like to know if all fails and the judge rules against my husband and he leaves to Mexico how long does he have to out of the country before I can apply I212 and I601 waivers again and will I have resubmit all the other forms again?? We have a five year old boy who is diagnosed with low muscle tone, is speech delayed, and has GERD. He is also seen by a neurologist. They think he might have a blocked vien in brain. He will undergo more studies in the future. My mother is disable and depends on me financially. I am only child. My parents are divorced. We lived in TX. Thank you for reading my thread.

USnoiva
08-14-2007, 12:09 PM
Hi, I am sorry to hear about you situation. This seems like such a long battle for you. I hope the judge rules for you both.
Would this be one of those cases where if he is ordered deported, he could do the "Cancellation of Removal"?? I myself don't know, but try to google it and see if it applys to you.
If he does go back to Mexico, I think you may need to start again with the I-130/I-129f.

alondra
08-14-2007, 04:51 PM
Thank you for your suggestion. I will look into the "cancellation of removal".

cindy324
08-14-2007, 05:09 PM
I don't think cancellation of removal applies here just yet. He hasn't been ordered removed yet. You're fighting for your husband to keep his greencard. I personally think you have a very strong case. Your lawyer can present all the hardships it would cause you and your sick son if he were to be deported. Also he got his greencard under 245i, and that should count for something, and the fact that he honestly disclosed his second entry, even though there's no record of it, so in reality, he wouldn't even be in this situation had he not been completely honest, which is a sign of good moral character.

Good Luck, so sorry you're going through this , especially when he already had the greencard in his hands.