bohorquez
04-30-2008, 10:09 PM
Some of you may have known this but there was a big error on Eduardo’s paperwork which could’ve allowed us to file what’s call Motion to Reconsider. However, after consulting with a new attorney here’s what happened. It was long and complicated conversation but here’s the bottom line.
We can’t do a Motion to Reconsider. According to Laurel (the new attorney) the Immigration Officer was correct when they rendered the denial judgment. Eduardo’s waiver packet should have been about his rehabilitation (in fact 90% of the packet should have been about that). And that’s all because of his 5 arrests back in the days of him acting like a crazy gang banger. Which is hard to believe that the Pastor of Santa Rosa church was ever that.
So we have do the entire process again. Sigh. But in the meantime there something that is working to our benefit. His arrest are 13+ old. By the time it’s hits 15 years they really can’t say someone ISN’T rehabilitated. There are some arrests that Eduardo has that say something like “leave to reinstate” meaning that he can be arrested and tried for them. Laurel has recommended that I go find a criminal lawyer and get those cases closed.
Currently it’s taking 3-5 months to get a new appointment with the Consulate. Under the new Pilot program (which allows for instantaneous approval) we will be referred to the backlog aka no instant approval. So that means I’m going to stay in the states to try to get Eduardo’s old criminal cases closed (with hopes they can be closed because of statue of limitations). After some thinking… by the time the appointment eventually comes Aaron will be in school. Which Eduardo and I discussed that we would/do not want to take him out until the school year was done. So now my new departure date is sometime next year next summer. That’s a maybe could be earlier then that but we’ll see.
My next obstacle is paying for Laurel. Normally she charges $6,000 for these cases, but Eduardo’s is “way to complicated” and therefore will be $7,900. And that doesn’t include the government filing fees. Maybe I’ll make some tamales or something but seriously it’s a lot of money that I have to pay off in 5 months. And I’m not even thinking about the other criminal lawyer. So that’s the news.
Does that mean Eduardo will get approved… nope she said it was 30-40% of an approval. But we have to try.
We can’t do a Motion to Reconsider. According to Laurel (the new attorney) the Immigration Officer was correct when they rendered the denial judgment. Eduardo’s waiver packet should have been about his rehabilitation (in fact 90% of the packet should have been about that). And that’s all because of his 5 arrests back in the days of him acting like a crazy gang banger. Which is hard to believe that the Pastor of Santa Rosa church was ever that.
So we have do the entire process again. Sigh. But in the meantime there something that is working to our benefit. His arrest are 13+ old. By the time it’s hits 15 years they really can’t say someone ISN’T rehabilitated. There are some arrests that Eduardo has that say something like “leave to reinstate” meaning that he can be arrested and tried for them. Laurel has recommended that I go find a criminal lawyer and get those cases closed.
Currently it’s taking 3-5 months to get a new appointment with the Consulate. Under the new Pilot program (which allows for instantaneous approval) we will be referred to the backlog aka no instant approval. So that means I’m going to stay in the states to try to get Eduardo’s old criminal cases closed (with hopes they can be closed because of statue of limitations). After some thinking… by the time the appointment eventually comes Aaron will be in school. Which Eduardo and I discussed that we would/do not want to take him out until the school year was done. So now my new departure date is sometime next year next summer. That’s a maybe could be earlier then that but we’ll see.
My next obstacle is paying for Laurel. Normally she charges $6,000 for these cases, but Eduardo’s is “way to complicated” and therefore will be $7,900. And that doesn’t include the government filing fees. Maybe I’ll make some tamales or something but seriously it’s a lot of money that I have to pay off in 5 months. And I’m not even thinking about the other criminal lawyer. So that’s the news.
Does that mean Eduardo will get approved… nope she said it was 30-40% of an approval. But we have to try.