Please help...waiting for FOIA

[maemcc]

Hello,
I am in a strange situation and need some kind of direction. My husband is from Honduras and entered without inspection in 1999. After we were married in 2005 we went to a lawyer. She said we needed to find out if he was in deportion or not. She called somewhere and nothing was under his alien #. So she filed for something called a FOIA. As of date, we haven't heard anything from her in regards to what is happening. I would call her every other month and question her about the FOIA and she just tells me that it is taking this long to come back. We are in Kansas City and only 15 mins away from where the cases are kept. Anyway, back in Oct of 2006 she told my sister that our FOIA information came and that it was on a disc and needed to review it. I have been calling the lawyer at least 2-3 times a month and she will not call me back. To make a long story short, should I refile the FOIA myself or will this cause some type of suspection as to why we are filing fo it again? Or can we just go ahead and file the I30 to get the process started? I am so frustrated with this lawyer I could just scream. My husbands mother is really sick and he wants to take a vd so he can be with her.

Someone ...please give me your suggestion as to what you would do or think I should do.:waiting:

[y14gemini]

Is there anyway that you can go to her office and speak with her face to face? Maybe she can copy the disc for you. You can always file the I-130 to get the process started. You can also do another FOIA request if you like but be prepared to wait and wait and wait. :waiting:

Was he apprehended by immigration and then released but never went to his courtdate? Is he a visa overstay? What makes him think that he might possibly have an order of deportation? Good Luck!!

[JustMe]

Sorry to hear about your attorney. The same happened to me. My husband wrote an email to my first attorney who filed the FOIA for me, he wrote that he is going to contact the bar association. It didn't take 10 minutes and the attorney called us personally. Don't be scared.

[maemcc]

Thanks to everyone who responded.
The lawyer finally contacted me after calling her home everyday for weeks in a row. I guess she was tired of me. Anyway...we got the information unfortunately it was the same information that we had given her.
Y14gemini asked
Was he apprehended by immigration and then released but never went to his courtdate?
Actally he was caught, then released on his on recognace, reported back to immigration on the dates set. He was to return on 10/14/1999 but he was in kansas City at this time. He never had an official deportation court and currently is NOT in active deportation. I am going to go ahead and file the I130 but use a lawyer. I really wish I felt confident enough to do it myself.

[Laura]

Are you going to use this lawyer???

You might want to do a consult with Laurel Scott (visacentral.net) to understand your options. It doesn't sound like your attoreny is super helpful. Are you aware that your husband will have to return to Honduras and file an I-601 waiver?

There is a guide in my signature that might help you understand the whole process for someone who EWI and is married to a U.S. citizen.

Make the I-601 Honduras thread (http://immigrate2us.net/forum/showthread.php?t=902) your new home. :)

[maemcc]

Oh no...I'm not using the same lawyer. I got what I needed from her. I am going to use a different lawyer. I have had my consultation with them and they seem to understand the process and everything.

Thanks for the info.

[maemcc]

Oh and yes I am aware he will have to go back and I will have to file for the I601. I have been reading about people filing the I130 and once approved they file the I129f? Is this really a faster process??

[Laura]

You don't have to file the I-129F. If your husband is in the states with you I wouldn't recommend it (just my personal opinion though). Basically that will result in a K-3 visa meaning once he re-enters the U.S. after waiver approval you'll have to file for adjustment of status and he'll have to wait to start working again. Also, it's not always faster to the visa interview anyway. But you can get more opinions on that here if you ask a question on the forum about K-3 vs. straight immigrant visa.

[maemcc]

ok--thanks--great information!

[Adriane]

He was supposed to depart (voluntarily?) but didn't? Sounds like he was ordered deported in absentia. They don't usually just let you ignore an order to depart and then do nothing.

[maemcc]

No..he was just suppose to go and report 1 time a month and he went for the 1st 3 months, but then he move to KC and didn't go and according to the paper work...nothing was ever done after that. That is why he is not in active deportation.

[ANDREH1]

are you sure nothing was done after that?? because we recently saw a case in I601 in honduras thread where the alien didnt show up for a hearing and he was ordered deported in absentia and they gave him a 5 year ban with no waiver..
I don't want to sound mean.. just want to make sure so everything would go smoothly for you.

[maemcc]

Nothing else was in the FOIA. No hearing date entered or anything like that. When the new lawyer called some # to check the status of his Alien#...nothing was found. That is why she said he wasn't in active deportation.
Where else would that information be??
Is there somewhere else I need to search??

Thanks for your help!