Spouse order removed from US did not leave

[elmsal]

My wife was order removed from US in March 1998 by Immigration Judge
A year later I meet her and we married on 2001 (did not know about order)
that year I filed a I-130 and was approved on Feb 10, 2004
that same day she was deported.
I have not be able to get any answers for INS about when can I file
a I-601 or I-212.

When she was deported she never recieved an I-296 stating how much time she is barred, and no knows.

Does any one have any ideas or cases that this has happen before.

[Coventrated]

You file the waivers after she is refused an Immigrant Visa.

You might want to post ful details, she should have been asked to attend the Consulate interview by now.

Must be a 10 year ban.

[elmsal]

Okay – here the whole story.

On Aug 17, 1997 a notary file an asylum claim on her behalf base on the advice of her sister

Jan 10, 1998 a Notice to Appear for removal proceeding
Order to appear before an Immigration Judge Mar 17, 1998

Jan 12, 1998 Referral Notice asylum was not granted base on
1. You failed to appear for your scheduled asylum interview, or failed to provide a competent interpreter, and did not show good cause.

On Jan 16, 1998 a Notice to respondent as sent to my wife but she never received it or it was delivered but was never giving to her
(The story goes that my wife and her sister got into an argument. My wife move out and her sister threw out all of my wife paper work and anything else that came for her.)

Mar 17, 1998 Immigration Judge order her removed base on abandoned of applications
Mar 24, 1998 Assistant District Counsel files removal paper work.

Feb 21. 2001 Married (removal and deportation was unknown to me.)
Apr 23, 2001 Petition for Allen Relative I-130 Filed by me Received INS 4/30/01
Stamp - Filed Prior to 245(i) Sunset 4-10-01
Stamp - Feb 10, 2002 Stamp that it was Approved
Stamp - Feb 10, 2004 Stamp that it was Approved

Sep 24, 2002 Request for evidence for I-130 Photos Deadline 12-17-2002

Jul 29,2003 Memo From Director California Service Center
To District Director Los Angeles District office
The attached file contains a unadjudicated I-130 spouse petition. The petitioner filed the petition on November 27, 2000. The Californian Service Center is referring this petition to your office for adjudication
The Beneficiary was ordered removed by an immigration judge on March 17, 1998.
It is recommended that your office conduct an interview/investigation regarding this matter.

Jan 21, 2004 Interview regarding your Form I-130 (Petition for Alien Relative)
Feb 10,2004 9:00 am 300 North Los Angeles St LA, CA 90012

Feb 10,2004 Enter Federal Building went to the Room 2050 Counter #12
Immigration office took my wife for the interview

A little time later another office took me to the hallway and told me that he had good and bad news. The good new He gave me “Notice of approval of relative immigrant visa petition “I-130 Approved.

Check was box 3 Your petition for preference classification has been forwarded to the United States Consulate at _ (Blank) _. This completes all Action by the service. This service does not issue visas in other countries. Visas are issued only by United States Consuls who are employees of the United States Department of State. When the beneficiary’s turn is reached on the visa waiting list, The United States Consul Will Contact the beneficiary and issue instructions about receiving a Visa.
Check was Box 8 Remarks:

That was it. Now the bad new
My wife as being deported, He could not tell me why and could not tell me when.
Gave me his card and said if there was anything he could do please call.
I sat down in the hallway and cried. I had my 14 month old and my 2 yr old with me. The officer told me it would be best if I left because she will be traveling down this hallway for processing and it would not be a good idea for the children to see her.

Then nightmare begins.

Feb 11,2004 Deport to San Ysidro, CA into Tijuana , Mexico at 1:00 am

Feb 12, 2004 Went to Tijuana Consultant office and ask for assistance. Consultant told me the only thing to do is to start all over reapply for a new I-130 and pay the fee. I did and it was sent back to me with a letter stating it was the wrong form.

Mar 16, 2004 Filed G-639 Freedom of Information / Privacy act requested. Took 18 months to received

Aug 20,2004 Filed I-824 Received 8/25/04 Application for action on Approved Application or Petition. Requested that a new US Consulate be notified of the previous approval of a petition. Notify the US Consulate at CD. Jaurez, Mexico.

Aug 27, 2004 Received I-797C, Notice of Action. Stating that INS received I-824 and the amount of $195.00. The INS processing times vary by kind of case.

Dec 08,2004 Case Status Search Current Status. Your I824 was received on Aug 26,2004 It is taking between 330 and 330 days for us to process this kind of case.

Feb 24, 2005 Received I-797C, Notice of Action.
This is to notify you that we have transferred the above application or petition to the INS office at Room 1001, 300 North Los Angeles St. LA CA 90012
We transferred this case because the record indicates that office has jurisdiction of the case. That office will notify you of subsequent action taken on this case. Any further inquiries should be made to that office.
(What a waste of time and money)

Mar 11, 2005 Info Pass for Appointment with Immigration officer could not give me any info

May 5, 2005 Info Pass Appointment 7:30 am request info on wife case
March 11 file in transit
April 14 still in transit
Went to supervisor for clarification 2min later came back to see if they could find the file. Ask them to send my wife I-130 move to visa center to continue process.
Could not find file, gave me Customer Referral form (pilot Test)
I was sent to Plaza Del Sol 1241 S. Soto st. Los Angeles, CA 90032
With Comments: Start of 1-824 File in ELA
People at this address had no idea what I was talking about or that they help people file any forms. Also that my wife files was not at there address. They guess the Los Angles office wanted me out of there area. Need to make new appointment.

May 24, 2005 In CD Juarez, Person at window was explained everything. She said that there was nothing she or the office could do, That the request must be made in Los Angeles, CA. I ask to speak to supervisor, I.V. Deputy Chief Immigration Visa, I explain everything to her, Deputy reviewed the paper work then ask the person at the window to make copies of everything, She will make some inquiries and request the file. Deputy Chief was not sure if anything will happen, but she will try.

Jun 14, 2005 Info Pass Appointment 8:30 am request info on wife case
File Adjustment of Status Inquiry .
Requesting inquiry on status of file sent to CD Juarez,
Jun 30, 2005 Info Pass Appointment 7:45 am request info on wife case
Aug 03, 2005 Info Pass Appointment 8:30 am request info on wife case
Customer Referral form (pilot Test)
Sent to RM 7621 then to RM7661 then to RM8010
With note “Please Assist Thanks”
Immigration officer talk me; that my wife file was in Investigation Department and that there is no way to get it release and that I can not talk to anyone from that department. Please give it some time and someone will be back to me.
That it.

I have been waiting making inquires, once I received my wife file from INS. People, Lawyers, anyone has not be able to tell me what the next step is.

[Pinkpig]

I am so sorry for all that you have been through.

This is the kind of post that just breaks my heart. No one should have to go through this inefficiency.

I have been wracking my brain trying to think of possible ways to help. I am sure you have been doing the same thing and for quite a long time now. I will just post things that I have thought of and I apologize if this is not helpful.

You can contact Laurel Scott on her Wednesday free chat at 9 am Pacific time and see if she has any ideas or do a consult with her for around $100: http://www.visacentral.net/

I know that your case sounds strangly similiar to the congressman in Georgia whose wife was in sort of the same situation with the notario and all. You might want to read about his case if you are not familiar with it. http://www.immigrateusa.us/index.php?option=com_content&task=view&id=512&Itemid=69

I am thinking his lawyer might be a good touch point for you.
http://www.kchlaw.com/

Also, the other thing that I though of is that you have a legal right to constituency service from your elected officials and you definitely need help because our government is not doing right for you. So I am sure that you have already contacted all of your elected officials but I would definitely do it again. All of them need to have a copy of your story and then they need to help you.

Also, another thing might be your local newspaper. You could try calling them and telling them of your human interest story and see if they would write a column on what has happened to you.

I am not familiar with Catholic Charities but I know that others on this site have used their services.

We highly recommend our lawyer but once again she is not cheap. You can do a free consult with her if you like. She will tell you if she can take your case or not of if there is anything you can do. I do trust her. If you go here to her site: http://www.humanrightsattorney.com/index.jsp;jsessionid=52F748B48E1EE182B28CE191A74A5 2E6 and have your speakers on she will talk to you as you click around her site and read all the information that she has.

If I can think of any other ideas I will post them her for you.

No one should have to suffer the way that you and your family have with no answers at all.

My thoughts are with you. I know that there is an answer.

[elmsal]

thank you for your note.
I move my whole family to El Paso, TX and my wife is in CD Juarez.
Locally I am using Diocesan Migrant & Refugee Services, Inc.
915-532-3975
www.dmrs-ep.org
they are confused also, they do not understand why i-130 was approved then she was deported. and with out a I-296 and nothing in her file. unknow what to do next. We have ask for additional information from Visa Center
that has been over 6 weeks for an answer.
wish me luck.

[Pinkpig]

I certainly wish you well!!

Hopefully they will have something for you soon.

I know that CDJ has a citizens services official that helps when nothing else works.

It sounds like you are doing everything you can.

I am glad to hear that at least you can see your wife as she is close geographically.

[jesuslovesyou]

This is outrageously inefficient and they dot even try to help rathe put the blame o someothe department its a ponting game.

well try applying fo k visa and non immigant waiver it might be faster

Godbless

JLU

[kitkat1]

thank you for your note.
I move my whole family to El Paso, TX and my wife is in CD Juarez.
Locally I am using Diocesan Migrant & Refugee Services, Inc.
915-532-3975
www.dmrs-ep.org
they are confused also, they do not understand why i-130 was approved then she was deported. and with out a I-296 and nothing in her file. unknow what to do next. We have ask for additional information from Visa Center
that has been over 6 weeks for an answer.
wish me luck.

I don't understand everything in your case and couldn't follow it all (it's late) but the only thing I can for now is that I-130s are approved for people who were deported all the time. I-130s (or any visa petition) are simply a request for the privilege of an interview at their consulate for a visa. That's why illegal immigrants have petitions approved. For example, for a fiance visa, the ONLY requirements for approval are that the petitioner is a USC and that the couple has met in the prior two years (and that their evidence proves that). If my fiance was illegal in the US at the time I filed my I-129F Fiance Visa petition, it still would have been approved since we met those requirements. Not sure if that helps at all, but just wanted to add that info.

Strongly recommend you talk to a qualified lawyer like Laurel Scott or Heather Poole -- I would be a little leery myself of a Migrant and Refugee service because it's unlikely they have a very experienced immigration attorney on their staff.

Good luck.

[aprilstorm]

I am sorry that this has happened to you. I wish you the best of luck and hope you can get some answers soon.!!!

[Bina]

This is terrible to hear the type of service you have been given!! Shocking to say the least.

I've been doing a lot of reading on immigration lately and the way it sounds you need a I-212 and/or I-601 filed (can somebody confirm?).

To get your wife's file you could get in touch with the judge that denied her case and have it sent to you (speaking from experience, they require an attorney to contact them).

Once that is done, you have to compose a hardship letter (there are quite a few listed on this website, and if your wife has no criminal history this shouldn't be impossible) and send it to the service center presiding over the office that has denied your wife's case..once that is done, you can check their processing times (i.e. Vermont office takes approx. one year).

To get a clearer picture on your situation, I suggest you have a consultation with the lawyers mentioned in previous posts, it isn't that expensive when you look at it and you will finally know what you need to do. Make sure you get straight answers and not very general ones (this was my mistake when I paid my consultation fee), because you won't know how to proceed.

I hope you find clarification soon and I wish you visited this website earlier because you could have started the processes you need a lot sooner..

Good luck!

[nadiah_25]

Hello elmsal,

Just wanted to let you know that something very similar happened to me, only just last year. I want to the LA office for the same reason to discovered that a Judge had ordered me removed back in 2002, which I thought my lawyer was handeling. I discovered that he did appeal but in Jan of 2005 forgot to submit the apeal again, did I mentioned that he never told me either.
I met my husband in 2001 and married him in April of 2005, sent in the pettions and they day I got deported, just like you, he approved our I 130.
Our new lawyer adviced told us that the faster way to turn in waivers would be by to submit an I 129, since you have the I 130 approved, they will approve your I 129. You will then receive an interview date in Juarez, where you will submit your both of your waivers and then just wait.
I hope this helps a bit, I know you probably need more info on what the terms of her deportation to fill out the waivers and all but know that once I read your experience, It felt like I was reading what I went through that day.

Good luck...

[Manda316]

this is crazy but your wifes case is just like ours my hubby came in claiming asylum my husband blames the interpreter is the reason he was denied. He left Los Angeles his removal papers were sent to the CA address and the people through them away. we met like 6 months later and got married a year later we never got an I130 interview in the states we waited over 3 years for that until he got detained after someone hit and ran our vehicle. and we have just filed the waiver anyways

even though you had your I130 approved she still would be deported because she was ordered removed. Good luck and you can file after she gets denied an immigrant visa you can do it the same day. I reccommend talking to Laurel shes my lawyer and I dont know how I would be getting through any of this without her.

[billchris]

Hello elmsal!!
I will give you some information according to what happened to my case.
Your wife will need both waivers. I-212 for being deported ( more so if she is outside the country now) and I-601 for staying in the country ilegally for more than one year. The ban is for 10 years. Even if her application I-130 was approved under the I-245, she could not do her adjustment of status inside the country due to her deportation on 1998. She needed to leave the country anyway.

I would suggest you to get a lawyer to inquire for your wife file at this time. By looking at the time, it should be already at the embassy, CDJ.

I am sorry for all the trouble you are going through.
God bless you

[jesuslovesyou]

if she was ordered removed but never left the country and her i-130 approved. read this care fully

if she qualifies for 245(i) then she can apply for 485 dont need 601 but she has to pply for 212 along with 485 this will much asier and faster than going out the ****ry

if you leave 601 bars apply and it takes forever


you have hope hear

JLU

[elmsal]

if she was ordered removed but never left the country and her i-130 approved. read this care fully

if she qualifies for 245(i) then she can apply for 485 dont need 601 but she has to pply for 212 along with 485 this will much asier and faster than going out the ****ry

if you leave 601 bars apply and it takes forever


you have hope hear

JLU

She is already out of the country; she/we live in CD Juarez, MX.
I see them two, three times a week and on week-ends.
It looks like we need I212 and I601, thanks thought.

I guess, the real question is do we have to wait ten years to apply, I hate to file everything then, the government keeping my money (which I now have very little) and saying the I have to wait.

Hope I have,:) faith in the system is what I’m lacking:erm:

Just to let everyone know, I now live here (Cd Juarez and El Paso) if you need someone to show you around let me know. I can tell you where to go and not go.

[nadiah_25]

Hello Elmsa,

I don't belive you have to wait the 10yrs to to file , you may submit your waivers once you get an apoitment at Juarez, so what you want to do is get that apoitment. Now they have the Pilot program which allows them to process your waivers right there and then, if the apper to be "clearly approvalable" they will issue your visa the same day! I recomend you read about the 601 waivers in Mexico here as I have been told once both waivers will be adjuctated togeather and once the 601 is approved, then so is the 212.

Good Luck and don't loose faith....think of your family!!!!
Bad things happen to good people!!!

[elmsal]

thanks nadiah_25

to make an appointment do i call US Consulate office in CD Juarez, or can i use the Infopass Appointment system.

I was reading a messages from Warren janssenn about the Pilot Program.
it talk about the Infopass and a fee.
what is the new fee?

[melissan02]

She is already out of the country; she/we live in CD Juarez, MX.
I see them two, three times a week and on week-ends.
It looks like we need I212 and I601, thanks thought.

I guess, the real question is do we have to wait ten years to apply, I hate to file everything then, the government keeping my money (which I now have very little) and saying the I have to wait.


I've parused through your posts re: your case, more or less...

I feel so for you when I read in this particular post b/c you're wondering if you have to wait 10 years (bar) to apply. This is similar to my frustration and desperation...
I'm afraid my husband and I will have to wait 10 years b/c its clear to me that our lawyer was in this to make $$$!!!:angry:
He had us file the whole 9 yards from here in the U.S.! :ah: My hubby is EWI in 1996, left to MX for father's funeral in 2000 for LESS than 90 days, EWI'd again to come back to U.S.
SO, USCIS required us to submit all this in a written statement since our lawyer told us we could do AOS from here...and wouldn't you know it....we've triggered a 10 year bar!!! We had an initial interview at USCIS a couple weeks ago. The lady was sympathetic (believe it or not) but laid it all out for us. Now we're just living on borrowed time.
We'll take one day at a time and take things as they come.
We might, and I stress MIGHT, be able to try a Cancellation of Removal, but I won't pend my hopes on that.
Wish there was a way to lift the 10 year bar. :confused:
Husband and I prefer, if we have to, to live in Canada. Perhaps Toronto area/close to Niagara Falls. How exactly is living in CDJ????? Safe??? Hate to use this term, but "Americanized"??? Would like your input and I feel your situation. Hope things work out for you in the very near future.

[jesuslovesyou]

Well Life in Toronto is very easy and cheap considered to LA .. You can get a Job anywhere there are so many min wage jobs so even if you not skilled worker you will still do fine


health care and education are free ..transportation is good the transit system hear you can survive without car and you can buy a house hear for 300 and condo for 150 to 300 .. rent a condo or house for about 1000

canada is good for middle income groups you will get 10/hr any time have a lil more skill ul get 15 - 25hr and ..if u have IT skills or some professional ul doo very well just ike in USA but then higher income highe taxes hear:)

its very amricanized you will enjoy hear and i dodno how long you want to wait but

did you check perez gonzalez provision ? as per that you should still be eligible to apply for waiver ..but its only in 9th circuit .. check on that


JLU

[melissan02]

Well Life in Toronto is very easy and cheap considered to LA .. You can get a Job anywhere there are so many min wage jobs so even if you not skilled worker you will still do fine


health care and education are free ..transportation is good the transit system hear you can survive without car and you can buy a house hear for 300 and condo for 150 to 300 .. rent a condo or house for about 1000

canada is good for middle income groups you will get 10/hr any time have a lil more skill ul get 15 - 25hr and ..if u have IT skills or some professional ul doo very well just ike in USA but then higher income highe taxes hear:)

its very amricanized you will enjoy hear and i dodno how long you want to wait but

did you check perez gonzalez provision ? as per that you should still be eligible to apply for waiver ..but its only in 9th circuit .. check on that


JLU

Could you give me more info. on this "Perez Gonzalez provision"??? I"ll Google it to see what I get. :cool:
Thanks for the insight into Canada.
I just think hubby and I are spoiled and some things might not be available in CDJ that we like here. ;)
Canada IMO wouldn't seem like culture shock for me. It wouldn't feel so much like living in another country, unlike perhaps living in CDJ would feel.

As I see it, I'd like to be able to feel safe drinking water from a tap and I'd be squirmish doing that in any part of Mexico!!:D heehee!
Know what I mean?????

[jesuslovesyou]

Toronto is safe option lifewise ul enjoy same things as in US nothing compares to home but hey this is as close as it gets ..


acording to 9th circuit ruling in perex gonzalez vs ashcroft ..you can apply for i-212 ( permishion to re apply to enter ) even if you entered after deportation or removal as long as expidited removal is not yet started ..but this is only avilable in 9th circuit .. and for in country aos 10 yr bar wont apply ..or may be u can apply for 601 ..


but you have to be in california arizona utah or nevada to come under this ..

take a look and see if that might help you

JLU

[melissan02]

Toronto is safe option lifewise ul enjoy same things as in US nothing compares to home but hey this is as close as it gets ..


acording to 9th circuit ruling in perex gonzalez vs ashcroft ..you can apply for i-212 ( permishion to re apply to enter ) even if you entered after deportation or removal as long as expidited removal is not yet started ..but this is only avilable in 9th circuit .. and for in country aos 10 yr bar wont apply ..or may be u can apply for 601 ..


but you have to be in california arizona utah or nevada to come under this ..

take a look and see if that might help you

JLUGoogled this and printed several reading materials for later. Much of it is full of legal jargon which will require me to concentrate later when reading.
Right now we won't be able to apply for any type of waiver for 10 years since we have a bar. I don't know how this works for the I-212.
I'm going to read about this, but I just don't know.

Does anyone know anything about Cancellation of Removal and what qualifies??????

[elmsal]

Well Life in Toronto is very easy and cheap considered to LA .. You can get a Job anywhere there are so many min wage jobs so even if you not skilled worker you will still do fine


health care and education are free ..transportation is good the transit system hear you can survive without car and you can buy a house hear for 300 and condo for 150 to 300 .. rent a condo or house for about 1000

canada is good for middle income groups you will get 10/hr any time have a lil more skill ul get 15 - 25hr and ..if u have IT skills or some professional ul doo very well just ike in USA but then higher income highe taxes hear:)

its very amricanized you will enjoy hear and i dodno how long you want to wait but

JLU

What is Americanized? :o Mc Donald’s, Burger King, Supermarket, Wal-Mart or just that everyone speaks English. Sorry, it just that many people have this idea that Mexico is like the Wild West and that almost anything goes. Corrupt politicians and police officers, well then your right Mexico has been Americanized, but in U.S. only rich have access.

You could buy a house in Juarez for $100,000 in a gated community or about $35,000 outside of one. Renting is 2,000.00 peso. Doctor’s visits are about 50 – 100 peso, with no waiting. Public education is not the best, but you do have very good teachers, those are hard to come by.
Higher education is not very expensive; University level, tuition is about 2500.00 peso per semester, plus books. This one is great, Car repair. I had my engine replace for 1,250 dollars, all parts and labor.
Bus system cost 4.5 pesos, little over .40 cents.
I have no idea about working in Juarez. I do know that I need a permit if I want to do it legally as an American living in Mexico. I also should report to US Consulate General that I am living in Mexico.

Again sorry about my little tantrum :( but Mexico is not the U.S. and I wish none of us had too be put though this. It hard and draining.

Melissan02 you have a little time to plan and get ready, good for you. You may even stop it from happening. For me, I was thrown into this situation and now if trying to find my way out, with help from these nice people and doing some research I will get through it. Lawyers, they’re some good ones and bad ones, sometimes it is a hit and miss type of thing. Don’t give up. I have haven’t. Sometimes I lose hope and faith, but than everyone have to at one time or another.

[sunnym1973]

Melissan 02 both you and your husband can immigrate to canada. A easy category is the skilled workers if you don't have any family in canada. The Canadian immigration website is www.cic.gc.ca. I went through the whole process. IF you are thinking of immigrating you should think of moving to the provience OF Alberta. There is an oil boom there and it is said that there are many jobs there. But the rest of the country the job market is 10 times more difficult than the U.S.A. There is no place like the U.S.A. Please feel free to contact me at any time