Thanks to everyone for your answers [Archive]

Felipe

08-23-2007, 12:23 AM

Thanks a lot to everyone for your answers, I´m gonna try to answer some questions you all are asking me.
First I´gonna answer Lulu´s question: the assylum was dismissed by the Immigration court of appeals due to miscounsel from my attorney back then. (she forgot to file a brief!) So that court didn't actually denied it, then I hired another attorney who filed Stay of deportation, Motion to reopen and motion to reconsider, those all were deined. I got married to my girlfriend that same year and she filed the petition I-130, that was 2003.
After that, I appealed my case before the US fifth court of appeals (my only legal avenue left regarding the assylum case) 3 years later and with thw assylum case still waiting for a decision from the US Federal Fifth Court of Appeals they deported me. That was a week after my wife and I had the interview regarding the I-130 which went with no problem.
After I was deported Immigration lost my file for the I-130, it wasn´t until October '06 that they finally approved the I-130 (I was deported in March '06) I finally got schedulled for the interview regarding the I-130 on April 30th, 2007 but a congressman that is helping us suggested that my wife should go ahead and file the I-212 before the interview with the consul which she did a month before I went with the consul.
By the time I had the interview at the US embassy here in Bogota, I had already received the bad news regarding the I-212 denied, it was then when we realized that they were counting my unlawful presence since May 2003, In other words they were not taking into consideration the stay of deportation, motion to reopen, motion to reconsider and the appeal before the US Fifth Court, I must mention that through all those years I kept renewing my employment authorization! As a matter of fact when they deported me I had renewed the Employment authorization about 2 weeks before.
During the interview with the consul he kept asking me: ¨Why were you deported?, why were you deported?¨ he couldn´t believed and he had me at his window for almost one hour, he finally said to me: ¨Sr. had no reason to deny your visa but since immigration denied the I-212 my hands are tied¨.
So my wife immidiately sent to the congressman´s office, all kinds of correspondence proving the different legal actions I mentioned to you guys before, Immigration told the congressman´s office that they were gonna do an informal review of the dates and they said that was gonna take up to 90 days.
About 3 and a half months later, immigration stands on the decision based on the fact that the time that my case was before the US fifth court of appeals accrued as unlawful presence!! That throws me ´cause I did everything through the legal avenues.
So after the unformal review from immigration they leave me two options: To appeal the I-212 denial or to file the I-601 but It really bugs me to know if for real what they state about my unlawful presence is true. It´s fishy to me.

I Thank you guys for taking the time to read my long story but I guess it was necessary.
I got some news for you guys, I was able to contact the US embassy on the phone today(they normally don't hear anything regarding residence applications over the phone) and some nice lady toll me to buy a pin and to request an appointment with the consul to start the process of the I-601 if necessary.
I would appreciate I any of you guys can find out about the unlawfull presence thing, maybe from any immigration attorney.
Regarding hardship, well.. my wife is diabetic and she's at the point of taking subcutaneous inyections daily, I have no medical insurance to cover her in case she had to move, I just get by economically by teaching english. It hasn't been possible for me to get a job because in this contry you are too old after 35, besides she doesn´t speak the language and she has a teenage son who I love like my own child and he would be left by himself in case she had to move here, besides we're asking the mortgage company to get us in a forberance plan since we are behind in the house payment.

Well that my story guys, your comments are very welcomed and let´s hold up together.
Felipe

Ginger

08-23-2007, 02:09 PM

Wow, that is messed up.

My thoughts:

Since you have been deported, you need I-212 waiver. Since they counting overstay as well, you will need I-601. In order to get back to the US, you need an APPROVAL for both of the waivers. Since your 212 waiver was denied, you can fill out 601 but again, you need an approval on both waivers. So that is first that is really messed up to me.

I would suggest you to get an info ( go to INS sites) on whether it counts or not as a overstay time when you are waiting for the court. If you would be able to find a proof ( on a paper) that would stay that it counts and lawful presents, you won.
How can you do that: search Internet, hire a lawyer or paralegal who would do that for you for a set fee price. I would say if you would go to a college and ask law student for certain fee to do that for you- that might work.
Also, your wife might ask her congressman/senator office to help her with that.
Other option is to send a certify letter to the INS and ask them to show written proof that this time counts an overstay, to show you a statute of the law where it clearly written about it.

I would say to hire a lawyer would be a good idea. But since you already been through 2 of them and my honest opinion that no one would represent your case and try to win it better then you are, you can hold on to this idea.

I know that it would heart, but the fact that they were renewing your work authorization means nothing. I had the same thing and I was told: we ( INS) made a mistake doing this but it does not means anything.

Good luck.