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asarr
05-15-2008, 03:48 PM
My husband got deported. - The reasons are because he was convicted of domestic violence. 2nd he was not consider a permanent resident, because his green card got messed up. So he was deported. I am so stressed, and depressed, I need to find out how I can bring him back to the USA.:sad:

I have heard that I could file him to come back K-1 or the 1601 waiver and it would take at least 2 years but its always a big IF for him to come back.

Anyone with knowledge or information ?

christytorres
05-15-2008, 04:05 PM
Sorry to hear Asarr about what happen..so what happen with the Green Card..what do you mean it got messed up. How? someone else will chime in and give you more details about the Domestic Violence stuff..good luck..and when did he go back to Mx.

XxPerlaxX
05-15-2008, 04:06 PM
The domestic violence charge, who was this against...you or someone else? Was he convicted of this charge? You said his green card was messed up...what do you mean by this? To my knowledge domestic violence charges look real real bad with immigration and especially if it is against the spouse. But maybe someone else has more information. Keep the faith and stay strong!

perez782
05-15-2008, 04:13 PM
Give us more information so people can help you out. I'm so sorry.

jsierra1982
05-15-2008, 04:20 PM
you should do a consultation with laurel scott at www.visacentral.net. i would recommend at least talking to a lawyer since this case involves CIMT (crime involving moral turpitude), which can be difficult to overcome.

good luck!

asarr
05-15-2008, 08:18 PM
he was charged domestic violence with his ex girlfriend whom he has a child with. He took anger management class and follow the probation for a year. He has also faithfully paid child support to the child.

his green card, when we got married we filed our papers together, however usually after 3 years you get a green card, but his came in 6 months after we got married.
He was told he was sent in that card by error, but he does not remember if he was actually told by INS it was an computerized error.

After speaking to a several lawyers back then about it, they said if INS sent it by an error, then thats their problem, so we choose to do nothing about it.
However the judge wouldn't agree or consider him a resident. He was deported on Tuesday.

We hired a lawyer to defense his case, however we had no luck. Now, I am home depressed, I dont know what to do or where to begin. I know contacting Laurel Scott is one of a good choice, but I wanted to see if others have gone thru a situation like mines, where their husband/wife being deport due to a CMIT.

christytorres
05-15-2008, 08:25 PM
So where do you live? and where did he go in Mx...I also believe you should speak to Laurel Scott..and maybe this all can be figured out..you do have all the paper work about this charge against him, right..Good luck.

asarr
05-15-2008, 08:34 PM
I live in Dighton, MA. Its 30 minutes from Boston.
My husband is a native from Senegal.

I have all his papers and all the charges he was convicted for.


I really want to fight him back here. Its going to be a long run, after I know what to do then I will start, I need to know what to ask the lawyers about and what possibility I would need to file. I do plan taking a trip to Senegal this year to be with my husband for a couple months.

Laura
05-15-2008, 08:39 PM
Asarr - I think Laurel clarified in the chat last week that your husband was never a resident, despite having gotten the green card in error.

You will probably have to file the I-130, wait for processing, and then when he has his visa interview he'll be denied for unlawful presence, deportation and CIMT. Those are three very tough things to overcome. There isn't a ton of information on waivers through the African consulates but there are a few people.

If you can, it would be best to consult with Laurel Scott. Your case is very complicated, and will require a very, very good waiver, if it's even possible to be approved.

YRuth
05-15-2008, 08:40 PM
I'm soooo sorry about your husband. Have faith and don't give up.

Hopefully someone else will chime in and help you out.

adeildo
05-15-2008, 09:02 PM
Asarr- pray to GOD and averything going to be fine, GOD bless your family.