Our Case Is SOOO MESSED UP...

[mamita3]

I feel as though the wind has been knocked right out of me!!! This week my husband and I went to the office of an immigration attorney and spoke with her paralegal because she was ill (we meet with her next week), and we feel hopeless after we spoke with her paralegal. I'll start from the beginning: My husband and I previously met with an "immigration consultant" who is also the Consulate of Spain (sounded pretty credible to us), and he said that he could help us with my husband's immigration situation. He presented himself as a knowledgable and credible source because he previously helped my husband's aunt and cousin receive their green card status and residency etc. This is how the timeline goes:
Husband entered EWI December 2002
Married my husband November 2004
Filed I-130 AND I-485 (consultant advised us to do this) Sometime 2005
Received Appointment for Biometrics to be taken downtown
Received approved I-130 August 2006
Received Letter of Notice of Decision (Denied of course because of legal status) and choice to Voluntarily Depart
Received I-864 packet (sent in September 2006)
Notice to send in fee for I-864 packet
Finally, the "immigration consultant" handed me a packet of approved hardship letters and told me to write up a letter requesting immigration (New Hampshire office) to send my husband's case back to El Salvador. By now, I am totally confused with this TWISTED MESS and angry because I am feeling lost and financially broke after paying immigration fees and fees to this "immigration consultant." :bang: My husband and I then consulted an immigration lawyer to see what we were supposed to do next, thinking we had been doing the right steps in this hairy process. He seemed shocked and surprised by the way that we were going about our case, saying that essentially my husband turned himself into immigration and that this "immigration consultant" screwed up our case BIG TIME. :mad: He just skimmed over our case and said to lay low and that there was nothing he could do for us. Feeling hopeless and not sure what to do, we just recently contacted another lawyer whom we are going to meet with next week, but we have already met with her paralegal in the meantime so that they can begin to acquaint themselves with our case. He said something to the effect that because we went about my husband's case this way, immigration is thinking that my husband is already out of the United States trying to obtain a green card and NOT presently in the U.S. According to our immigration notices, he has already been assigned an A# in which this paralegal said that we would have to go down and have it deleted and pay a fine of $1000-$5000 in order to do so and to begin the process for a green card AGAIN!:cry: I am feeling TOTALLY STRESSED and physically sick! :ill:All along I thought we were doing the right thing and now I am supposed to meet with the immigration attorney this coming week! I am so NERVOUS of what she is going to tell us. I'm sorry this is sooooo LOOOOOONG, but I am really desperate for some input from anyone who may know what may or could happen next. I really appreciate how you all rally around everyone and offer so much encouragement and support! This is why I am spilling my guts...

[kitkat1]

paralegal said that we would have to go down and have it deleted and pay a fine of $1000-$5000 in order to do so and to begin the process for a green card AGAIN

That statement is garbage.

You were very misled since the I-485 forms make it 100% clear that EWIs CANNOT adjust status in the country. (You're lucky he was not officially deported at the interview which happens).

You have an approved I-130. Simply file the I-824 (http://www.uscis.gov/files/form/I-824.pdf) and pay the $340 fee to get the approved petition transferred to El Salvador. When his interview date comes, he'll leave the country and go to this interview. He will be denied due to his illegal presence and you'll submit the waiver, hardship letter and evidence. He cannot enter the US during the processing of the waiver and he is currently deportable so he needs to lay low if he plans to stay in the US until his interview date.

I would also suggest a NOT going back to the attorney/paralegal you spoke to and instead consult with a QUALIFIED immigration attorney experienced in waivers. Not a consultant. Not someone connected with another country's consulate - someone who is NOT a paralegal and actually know the immigration laws and rules of this country. Confirm that what I stated is correct (I believe it is) and get some advice on how hard El Salvador is on waivers and how long it might take. Try Heather Poole: http://www.humanrightsattorney.com/sub/consultation.jsp

[Pinkpig]

Just a first reading of what you posted really has me confused as to what the "experts" have told you.

Just generally speaking:

Your husband EWI'd so he will have to leave the US and do consular filing in his own country.

He will be eligible for the waiver based on marriage to a USC if he only EWI'd 1 time and has not been in trouble with the law.

He does not have to go to his country until you have an approved I-130 and they schedule an interview. If he is still in the US and out of status he can be detained during this wait but it is very rare. He cannot re-enter the US until you have an approved waiver and a visa in his passport.

If you already have an approved I-130 it sounds like you can go ahead and schedule an appt. in his home country and file the I-601 waiver package.

Unless there are other facts that you have not stated here, I am guessing that you should be able to be through the process and he should be home in about 12 months or less.

There is hope and no reason to get stressed out unless we uncover other facts that cause it.

Generally speaking your case sounds like so many others here. Read and research and ask questions here and I think you will begin to understand.

I am not sure what your lawyers? are talking about.

[Pinkpig]

...and yes, ditto what Kitkat1 said...she knows what she is talking about...

[Charity_23]

I also filed the I-485 and we were denied because husband EWI..Although we didnt recieve a letter telling husband to depart, we were assigned an A #..We then fowarded our I-130 using form I-824 to the NVC and awaited our appt. in Ciudad Juarez Mexico, filed the 601 waiver and we were approved, received gc with another A# and we never had to go pay a fine..we were never asked about having another A# and we never brought it up bc we didnt think it was a big deal..I dont even think theyll know about the A# that they assigned you after you filed the I-485...Youll be just fine.

[Pinkpig]

pen1137 has an attorney in Cinti that she has been working with for years. I don't know if she would recommend or not but you might want to PM her and ask her for their name and her input.

I highly recommend Heather Poole (our lawyer, link in my signature, her site has tons of information) and Laurel Scott of visacentral.net has a great track record for waiver approvals. you might consider a consult with her.

[Adriane]

Mamita, your case really doesn't sound that "messed up" at all, although you have been given some bad advice.

Try a consultation with of the 2 attorneys recommended here and then yes, forward your application to the El alvador consulate and get to work on your I-601 petition.

This process is difficult, but not impossible- but the first thing you need to understand is that he will NOT be able to adjust his status without leaving the country.

Good luck!

[jerrys]

some attorney's like to scare the living **** out of people more than they are to make it sound they got this big complex case and they are your savior and you feel as you must hire them or your down the creek with no paddle.:cool:

[mamita3]

Thank you to all you have given me such encouraging words! Maybe it's the pregnancy hormones, but I have been REALLY emotional about this whole issue these past few weeks. :eek: I have felt that the harder we try to do the right thing, the more misled we feel when we talk with "the experts." I have just a few more questions. :wink: How do I consult with the attorneys that you all have recommended me when I live out of state? Also, I have been told that lawyers will not give me legal advice until I pay the $100 fee for a consultation and they take on my case. Do you all receive consultations online or in person? How do you pay the fees? :confused1: Also, we only understood the part of the letter that stated the decision of denial but only a few sentences mentioned voluntary departure towards the very end and we didn't know if this was the official letter of "voluntary departure." Is this how they state it? Just one more quick question...I promise! Will immigration deport my husband if he does not have the money upfront for voluntary deparature? I was just wondering what your input would be. Thanks!!!!!

[Adriane]

How do I consult with the attorneys that you all have recommended me when I live out of state?

To consult with the attorneys mentioned, you'd call them or email them- I know Laurel has instructions on her website.

Also, I have been told that lawyers will not give me legal advice until I pay the $100 fee for a consultation and they take on my case.

Attorneys are professionals and consultations are professional advice- this is how they make their living, so yes, there would be a consultation fee, which would vary by attorney. I'd be suspicious of anyone who would advise you for free- the advice might be worth exactly as much as you paid for it...

Do you all receive consultations online or in person? How do you pay the fees?

Since immigration law is federal, you do not need to be in the same state to consult with these or any attorneys. Email or phone consultations are quite common in these cases. You'd pay the fees in whatever way the attorney specifies.

Will immigration deport my husband if he does not have the money upfront for voluntary deparature?

If your husband is granted voluntary departure, then he MUST depart by that date. Immigration will not care if you don't have the money upfront, no.

[mamita3]

Thanks for your input...much appreciated!:wink: In regards to a voluntary departure notice, the letter we received did not state any specific date and towards the very end they brushed on the issue of voluntary departure, but there were not any specific dates or instructions. That's why I am so confused about what we were supposed to do next. :confused: But, now I have a better idea based on some of the advice given.

[blueblue]

It might help if you post the text of the letter that mentions voluntary departure. Take out the references to your names and case numbers, addresses, etc. before you post.

I expect it is just an attempt to get your husband to leave the country. USCIS does not try to give you information that is helpful to navigate the system. They are much more apt to tell you something to try to get you to leave. Don't leave until you talk with a QUALIFIED attorney. Here's a list of recommended ones: http://immigrate2us.net/forum/showthread.php?t=889

What others have said, based on what you have posted, should be correct. 1) You have an approved I-130 that shows your husband is a qualifying relative that is eligible for a visa. 2) His EWI means he can not adjust status in the U.S., thus the reason the I-485 was denied. Your attorney should have known this. 3) He must leave the U.S. to have an interview for an immigrant visa in his home country. 4) At that interview, he will be denied the visa and told he can file a waiver (I-601) to overcome the denial. (There are some potential pitfalls to this, therefore that consulation with a quailfied attorney is very important to make sure he is eligible for the waiver and to help you identify and clarify the hardships you will use in your waiver letter.) 5) After you file the waiver at the embassy, he will wait in his country for it to be adjudicated. I am not sure the timeline for his particular country, but generally it can take 6-12 months. Check the member list (http://immigrate2us.net/forum/showthread.php?t=61) excel spreadsheet for others that went through his country to get a better idea for the time it takes.
6) Hopefully, the waiver is approved, then he will go back to the embassy and get his visa to come home.

Good luck and welcome to I2US.

[Lulu]

Relax, your case got a bit screwed up, but it seems to be on the right path. Thank God your I-130 was approved and your husband wasn't deported. You mentioned that you got the I-864 packet. It sounds like your case is at the NVC, is that correct? If so, that's great, that means you won't have to fill out, pay for and wait for the I-824. Just confirm with the NVC that once they receive everything that they will send the case to El Salvador.

I am a bit concerned about the voluntary departure. It probably is informal, and they just want him to leave voluntarily. But, when you consult with the lawyer next week, have them check his A# to be sure there isn't an actual Voluntary Departure order, or a deportation order.

If your case is at the NVC, you don't need a lawyer right now. Just fill out and return the forms they request from you. Many attorneys do offer free initial consultations. I would do as much reading and research as possible before you go, so you are educated and you'll have a good idea of whether or not the attorney knows what he/she is talking about. Laurel Scott, one of the attorneys that were mentioned above, does a free chat on Wednesdays I believe. The info will be on her website. Good luck!