EWI, removed/voluntary? i'm not sure which

[dlrobbins]

Fiancee EWI 2000 from Mexico
2007 pulled over for traffic stop in Kentucky; found to not have State Drivers License -- detained for 3 hours and ICE was called.
Immediately placed on Immigration Hold in Kentucky, no bond, nothing i could do.
He said he was offered to just go home voluntarily after being locked up 2 weeks. I didn't get to see which form he had signed from immigration. No one would help me. Got an attorney the last week, but he said he should just go home and this is what he told him to do.

Is that Voluntary Departure or was he removed/deported??

He was taken by handcuffs and feet shackles by bus to Toledo and flown to Nuevo Laredo and let out after 17 days of incarceration for no driver's license.

He started with $300 in jail and they gave him $80 that was leftover after room and board was subtracted. I don't think he paid for his trip to Mexico out of his funds, they used most of them for jail stay.

Main question: He EWI, got "deported/removed/voluntarily departed" i'm not sure which, he threw away the papers in Nuevo Laredo. Can we even qualify to file the 601 waiver (or 212, i don't understand which)? we have a good attorney, in touch with BCIS contacts, he says my fiancee has the EWI bar along with the deported/removal bar (double whammy from my understanding)and that if we got through the hardship waiver, we'd be stopped with the deporation/removal bar. kinda of a waste of money, said the attorney, but he'll do what i want to do. i hope to hear the contrary on here, that we could at least try the waiver... thoughts/advice?
thanks.

[y14gemini]

Hi,
I am sorry about your situation but when my husband was "deported". He was shackeled on the hands and feet. My husband is not from Mexico but from Honduras. WHen he was moved he was ALWAYS shackeled! (Very sad because they ARE NOT hardened criminals). I do not know if that is answering your question and if I did not someone will probably come along and tell you. The only way to know for sure is to get a hold of the papers that he was given! Do you know if he signed anything? (I told my husband DO NOT sign anything NO MATTER WHAT)! I want to say that he was probably deported (my own personal opinion) because if you get VD, you are just let go (you have a certain amount of time to leave), no need for the shackels. But I could probably be wrong. Do you know if he saw a judge? I would say contact Laurel Scott for a consult. I know she charges but it would be well worth it.

[kitkat1]

Without someone actually seeing the paperwork, it's hard to know what happened. I would start by asking your lawyer to dig into it and get copies of the paperwork, as well as file an FBI fingerprint request (google fbi fingerprint request).

If he was illegally present in the US for more than 6 months (without a second illegal entry or attempted entry), he will qualify for the 601 waiver to forgive his illegal presence. If he was deported, he will also need a 212 waiver. (You should understand that this bar kicks in when the person leaves the US. Less than one year of illegal presence = 3 year ban. More than one year = 10 year ban).

I don't understand your attorney's comment that you'd be "stopped" at the deportation/removal bar. 212 waivers exist to overcome the bar associated with deportation. Many people have both illegal presence and deportation - they simply file both waivers. With both situations you are unlikely to see an immediate waiver approval via the Ciudad Juarez pilot program, but certainly based on what you've stated here he would qualify for both. I would strongly suggest consulting with a couple other qualified, experienced immigration attorneys to be sure you are working with someone who understands the process (especially in CDJ) and to be sure you are 100% clear on your legal options. Also read through the links in my signature for more info.