eligible for waiver(s)???

[wannamarry412]

my fiance came here in 2002 he was caught..(have few papers on the situation but they don't say much) he was jailed in according to him first in immigration type jail then in the regular correctional facility in Las Vegas Nevada..His family here got him a lawyer and he got out.posted bond?? and came to Maryland..looks like they transferred the immigration hearing to Maryland that he was supposed to attend in 2002....he did not go...he stayed here for 5 years after the fact...until April 2007..(the lawyer told him if you go to the hearing they will deport you) I called the immigration automated system with alien # and it said the judge ordered removal on him in may 22, 2002 .So he only came once was caught, was supposed to be removed?? but left 5 years later...he is now in guatemala..so my question is..AM I ELIGIBLE FOR the waivers I601 and I212..??

[kitkat1]

Certainly sounds like he is eligible and will need both a 601 for the illegal presence and a 212 for the deportation.

[wannamarry412]

I saw something about not being eligible for ten years for the waiver(s) if you do not attend removal hearing..just wanted to be sure before I start process and at the consulate something go really wrong..NIGHTMARE!!!

[jsierra1982]

hey girl...

there have GOT to be people on here whose spouses did not attend removal hearings. i'm going to post a question on that in a new thread so people can see it in the title and answer.

[slvjvm922000]

my husband didnt attend his removal hearing and when he didnt they put a order of deportation on him. he also stayed for a little while longer but he got caught so they sent him back to mexico. If ur fiance didnt reenter the united states after he left he should be eligable for a waiver. hopefully someone else will chime in on this if i am wrong. good luck

[loslagos]

According to your story , he is eligible for a waiver.

[Paul & Kerri]

I agree, as long as he didn't try to re-enter the States after he left (or was deported), he is eligible for the I-601 waiver and I-212 waiver. If this is the case, don't worry to much and go ahead and start waiver process! Wishing you both the best of luck!

[samiebaba]

Certainly he is eligible for both waivers. The fact that he was deported in absentia may also serve a good argument for his I-212 only if he was not aware of the immigration hearing.