What do you guys think?

[sunnysol]

Hi Everyone--
My husband's case is complicated--unfortunately, we have received notification that our appeal with the BIA was denied. He will have to go to Ghana as soon as he gets a Notice to Appear. We have been fighting through this for the past 4 years. It is just so painful to think of finally being separated--we have two little ones.

I'm annoyed with my attorney--who has done a pretty good job up to this point-- because 1) she insists that consulates are refusing to accept waivers and are enforcing the 10 year bar--she has not had a waiver approved in 8-12 months. 2.) There is a technical point in my husband's case and she feels 9c will be applied--however, I disagree and so do some of you guys.

This negativity is killing me. I have consulted with Laurel--but that was last year when I first found this site and did not understand the subtle nuances of 9 c and really didn't know the correct questions to ask--

Until immigration tells me that he is ineligible to file the waiver, I will assume I can otherwise--and work to that end--I think I have a good HSL with supporting evidence.

My husband needs to overcome 2126ci-misrepresentation--did not disclose during AOS interview in 1996 that he had a previous deportation--he was granted a greencard--during AOStook advanced parole in 1998. The attorney feels that because he took the ap in 1998 he triggered the 10 year bar. However, he had government permission and was inspected when he entered. I have read the Albright and Virtue memos and truly do not think that 9c will apply.


Thanks for listening, I really needed to vent--maybe my attorney just is not writing effective HSL with evidence--she also had not heard of the pilot program in Mexico--RED FLAG! I have written my own HSL and compiled all evidence--I just dont' trust her--I think she's feels we have no chance and will not put in the effort that I can. Plus I'm a control freak!

I'm truly so sick of this and you guys are the only ones that do understand--

[cm21om25]

I don't know the answer, but someone else here will come to help soon.

[Laura]

Sunny - that is a huge red flag about your attorney not knowing about the pilot program. I personally think some attorneys attempt to cling to any hope for their clients to stay in the country just because they can make more money off of all these appeals and whatnot. At this point, it sounds like you have no choice and you seem prepared to go for the waiver process. Go for it and don't look back!

I would consult with Laurel again though, now that you understand more what questions to ask.

[Pinkpig]

We have been fighting through this for the past 4 years. This is an aggravating factor.






My husband needs to overcome 2126ci-misrepresentation--did not disclose during AOS interview in 1996 Aggravating Factor (When in 1996, The laws changed in April 1996) that he had a previous deportation--he was granted a greencard--during AOStook advanced parole in 1998. The deportation was prior to 1996, the greencard was granted after 1996 but based on fraud/misrepresentation? Some CO's are counting entries based upon misrepresentation as an illegal entry. If he was granted a green card after April1996 based on fraud/misrepresentation and he has a prior deportation, I would think there is a good possibility that he will be charged with 9C. Even when immigration makes an error, when they figure it out they can go back and charge you with the correct charges after the fact. The attorney feels that because he took the ap in 1998 he triggered the 10 year bar. However, he had government permission and was inspected when he entered. I have read the Albright and Virtue memos and truly do not think that 9c will apply.

I think with the facts that you have supplied here there is a good possibility that your attorney is correct.

I would definitely do a consult with Laurel Scott.


Thanks for listening, I really needed to vent--maybe my attorney just is not writing effective HSL with evidence--she also had not heard of the pilot program in Mexico--RED FLAG! I have written my own HSL and compiled all evidence--I just dont' trust her--I think she's feels we have no chance and will not put in the effort that I can. Plus I'm a control freak!

I'm truly so sick of this and you guys are the only ones that do understand--

IF the CO allows you to file the waiver you are going to need a really strong waiver package to overcome this. I am sorry if you see my post as negative. I am not a lawyer, but you definitely need to consult with Laurel Scott and know what you are up against. This is going to be a really tuff one to do yourself, or with a lawyer that you do not trust completely. Good Luck

[sunnysol]

Thanks everyone--I really needed to vent last night. I know that this process is going to be extremely difficult. I've been working on my HSL for nearly a year and gathering all supporting evidence. I just can't ask for doctor's letters too far in advance.

I'm also really upset with this entire process because our approved I-130 took nearly 2 years to approve--and only with me writing the CIS district manager and co in our local office.

After all this struggle to get it approved, I sent in the I-864 in October only to be told by my senator's liason that my local office had sent the approved I-130 to the BIA in Virginia. I don't want my husband sitting in Ghana waiting for a stupid appointment when it just wasn't necessary.

One good thing I guess about getting the appeal back from the BIA is that hopefully the I-130 is back in our local office and can be sent to NVC. I will then cancel the I-130/I-129F that I started in March--when I found out that the approved I-130 was in Virginia and not at the BIA.

I think that our situation is pretty grim, and that is why our attorney prolonged this process as much as possible and also fought through the Immigration Court to file the I-601 and I-212. I truly appreciate her efforts on the behalf of my 2.5 and 4 year old. They need their dad in their lives as long as possible--so I don't regret that.

What I do find to be so completely disturbing are the types of inexperienced judges that are appointed to the different circuit courts. It also sickens me that if you live in a conservative circuit that they do not honor the decisions of other circuit courts--like the 9th that deal with a lot of immigration issues.

Does lying to immigration 15 years ago constitute a 10 year separation from your wife and children? Especially when there is no criminal record involved and you've been married for 7 years?

Will our government be a father and provider for our children? NO

Sorry to rant, all my anger is just coming out. You guys have no idea how much I appreciate all your support--people not involved in our immigration nightmare truly don't understand.

[ojos_de_alicia]

Sunny - that is a huge red flag about your attorney not knowing about the pilot program. .


Hi laura i think shes going thru Ghana so the PP doesnt apply there

[Laura]

Oh yeah, I was just responding to her comment in the OP that her lawyer didn't even know that there was such a thing as the pilot program in Mexico.

[sunnysol]

Would you guys mind checking out my HSL that I posted and see if it's strong enough? I have a checklist of evidence that I did not post with the HSL. Thanks Laura, PinkPig and everyone else for helping out!

I was just shocked that if my attorney were experienced with waivers, she definitely would have known of a pp in Mexico--even though I'm not going through that consulate, I know that thru you guys!

[ojos_de_alicia]

Oh yeah, I was just responding to her comment in the OP that her lawyer didn't even know that there was such a thing as the pilot program in Mexico.


oh yea duhh i just read at the end lol:bounce: nevermind meee!!!



back to the subject.. i would def consider laurel scott.... i just hate when i hear about other lawyer's not knowing about what it is that they do!!!