husband deported

[cmirenda]

I've been reading for a few days..and seeing lots of similiar circumstances, and would like to add mine for any comments or suggestions.

My husband was deported a few weeks ago to Mali on a removal order from 12 yrs ago. We were married in Sept. '05. I had recently moved to TN, he had planned on joining me there after our I-130 was approved. We went for our appt. in Memphis, where he was detained, our petition denied and he was sent home.

We had hired 2 lawyers. One in FL to handle the I-130 and another in Louisiana to help w/deportation issue. Neither lawyer was worth the investment. The lawyer in FL didn't properly prepare us or let us know what would happen when we filed, that he would be picked up immediately. The lawyer in Louisiana was even less helpful. Basically took our money, visited once and afterwards did nothing. He didn't even have my husbands file nor did he know that ICE had tried to deport him twice before succeeding on the 3rd try.

I don't have a clue where to start.....
I've spoken to him several times, he is under the impression that with a good lawyer, he could come back within 3 months. So far I havent' seen anything to indicate that it could possibly be that simple.

Any, help, suggestions,comments....anything...would be appreciated

[Laura]

Welcome Mirenda,

A few questions - How did your husband enter the U.S. in the first place? What sort of visa? Or was he EWI (entered without inspection)? Did he have any criminal history in the U.S.? Or why did he have a deportation order on him? Was there any other immigration history?

It sounds like he is going to need a waiver for unlawful presence and another waiver for the deportation, so an I-601 and an I-212. This is most definitely not going to take 3 months. Depending on where your I-130 is at right now, it'll need to get transferred to the Consulate/embassy in Mali and they will schedule him a visa interview. At that time he'll be denied (I am guessing) for unlawful presence and deportation and need to submit the waivers and proof of the extreme hardship you, the USC, will suffer if he is barred from the U.S. for 10 years.

I don't think we have seen many Africa waivers on this site, so it's hard to say what sort of chances you have with the waiver. I would suggest you speak to Laurel Scott (as soon as she is taking consults again - check visacentral.net) or Annie Schwartz. The biggest factor is how difficult the Consulate is - it looks like your waiver will go to Accra for adjudication (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=acc&OfficeLocator.office_type=OS&OfficeLocator.statecode=arm), but I think I remember reading that Accra didn't have an adjudicator, so it might go to Rome, or it might just take a long, long time.

In the meantime, start reading in the I-601 all other countries forum, all the sticky posts and memos on the waivers...

[emt103c]

Yes, do start reading the stickies...when you are ready to start doing research for the Harship Waiver, consider using the CIA world factbook and travel.state.gov for dangers of you moving to his home country.

Laurafern is right...it is going to take MUCH more than 3 months, but is very doable. Welcome, and good luck. Get ready for some hard work.

[cmirenda]

Thank you so much for replying so quickly
He left and re-entered twice legally, he overstayed on the last entry. The removal was ordered because he did not show up for his interview in NJ to address the over stay issue. He was new to the country at that time and a little naive..someone..supposedly a lawyer..told him not to go or they would arrest him then and send him back.

He has 2 children here by another woman, he supports them. His criminal record is completely clean, nothing on his record.

His father is a diplomat, if that means anything. He was not arrested on his return. Someone there knew his uncle and so he has no restrictions on him in Mali to my knowledge.

He thinks I have to have a case here in order for them to look at his situation there.
We were under the impression that unless Mali provided travel documents he would not be returned. ICE kept him right at 95 days, and would not give me any information on his where abouts as of the 90th day.

[Laura]

alright, well, yeah, what I said above basically stands. He entered with a visa but I assume overstayed more than 365 days and then was deported, so he's going to need a waiver for unlawful presence (I-601) and the I-212 for deportation. Where are you at with your I-130?

[cmirenda]

Like an idiot, I put my trust in this lawyer in Louisiana. I paid him a ret. fee, $1000.00, gave him the circumstances, and sent him all the paperwork,the denial letter, with the statement about 30 days to appeal, etc. He said we'd deal with it and while he was "trying" to get my husbands file from INS, the appeal time lapsed. I called him several times as that deadline got closer, and he said that the deportation issue was the priority. So, quite honestly, I don't know where the I-130 stands..do I resubmit, with more proof. We really did go about this the wrong way. We put the horse before the cart. We've only been married a short time, we'd been dating 18 months before we married. Commuting back and forth every 3-4 weeks. My husband was working in Indianapolis and couldn't find work that would pay enough when I was living in Florida. That was one of the reasons for the move to TN, economically there was more opportunity. He just didn't want to have to lie about his status in the US and we wanted to start "fresh" and legal in TN.

I just need someone to be honest and tell me the truth.

[pen1137]

what was the interview in NJ for? the overstay and an interview wouldn't come in to play unless a petition was already filed for him...

[cmirenda]

If I'm not mistaken, it did have something to do with the last visa expiring. It seems like this was a second interview. He'd misplaced the letter during his move from NY to Indiana, but from what he conveyed to me and the lawyer it was in reference to the expiration of the visa.

[palinurus]

Hi,

you have my sympathies, having hubby deported must have been a
horrible time for you.

You will most definitely need two waivers (as pink says), but the first thing you need
to do is find out what the charges were on your hubbys deportation
papers. This will give you the tools to find out how tough the waiver
process will be or possibly whether you don't qualify for one (I hope not
but with an old deportation order I'm just not sure :(.... )

once you have this info then you will be able to select a good lawyer
because you will know what questions to ask and to check if they have
any waiver experience or if they are fibbing.. Ask what their approval rate.

good luck.

P

[kilimanjaro]

I've been reading for a few days..and seeing lots of similiar circumstances, and would like to add mine for any comments or suggestions.

My husband was deported a few weeks ago to Mali on a removal order from 12 yrs ago. We were married in Sept. '05. I had recently moved to TN, he had planned on joining me there after our I-130 was approved. We went for our appt. in Memphis, where he was detained, our petition denied and he was sent home.

We had hired 2 lawyers. One in FL to handle the I-130 and another in Louisiana to help w/deportation issue. Neither lawyer was worth the investment. The lawyer in FL didn't properly prepare us or let us know what would happen when we filed, that he would be picked up immediately. The lawyer in Louisiana was even less helpful. Basically took our money, visited once and afterwards did nothing. He didn't even have my husbands file nor did he know that ICE had tried to deport him twice before succeeding on the 3rd try.

I don't have a clue where to start.....
I've spoken to him several times, he is under the impression that with a good lawyer, he could come back within 3 months. So far I havent' seen anything to indicate that it could possibly be that simple.

Any, help, suggestions,comments....anything...would be appreciated

I have been in that same shoe from Africa myself and I belong to the same juridiction in GHANA. It's been 5 months since I was deported and just now ready to do waivers. Laurafern 11 is wright. It sound like your husband will need both I-601; I-212 but you must get that I-130 approved. I'm sure you will. Stay strong it will not be easy for both of you. Like I said I'm in that same boat. When my wife letter of hardship is ready with all the evidences she put together, I will call the embassy. DO NOT HIRE A LAWYER for this. Be inpired and get to work (see approved & disapproved HSL here) Have your husband work with his local embassy in bamako or around. ( phone calls, e-mails, etc..)

[cmirenda]

Thank you so much for all your comments of suggestions and/or support. On the I-130..can I still appeal? Do I file a new petition? Will I need a lawyer for this part of the process?

[Laura]

Hmm.. do you have a receipt or NOA from your I-130 - or an approval notice? You shouldn't have to refile it, but I guess you need to see if it is approved or where it is at and then probably file an I-824 to have it transferred to the consulate in Mali so they can schedule him a consular interview.

[cmirenda]

It was denied as a fraudelent marriage, I have the denial letter. While the lawyer in LA was "working" on the deportation issue, the appeal time frame lasped. So I didn't really know what to do.

[Laura]

it was denied? do you know why? That's pretty crazy... well, then I guess you should just re-file then. You might want to look into the K-3 too to speed up the process. That means you would file the I-130, wait for a receipt and then file the I-129F (yes, that's a fiance visa) but it will get you a faster visa interview typically....

[cmirenda]

We did not have enough supporting documentation to prove that our marriage was legal. I had just moved to TN in late May, he was still living in Indianapolis. We had our marriage cert., 2 yrs. tax filing info, some pictures, etc. We were ill prepared for the process. The lawyer in FL never rec. notification of the interview. The interviewer did say OOPS , your lawyer was never notified, so I feel, had I known the seriousness of the matter, I would've had lots more documentation of proof. We did not have joint bank accts. and his name was not on my lease or car ins. I would've..could've easily added him, had I realized the weightness of the issue. We were both very light hearted going in..thinking..we'll tell the honest truth about our desire to be legally recognized for employment, housing, etc. Boy, what a shock!! It was a horrible day and I had to drive back home 6 hrs. alone..It was horrible..we were both crying and they were rushing him to say goodbye and attempting to console me..it was devastating. Their lame excuse was that he could've been picked up at anytime for anything. My reply was then why wasn't he, INS knew where he was, he was paying taxes for years, flying in US airports 1 to 2 times a month....give me a break!! Even the lawyer said...worst case scenario..he could be deported. But given the time he'd lived here, worked, paid taxes, married, etc...What could happen?!

[HANNAH19]

I'm so sorry to hear of your situation, but like they say the hard times only make you stronger,God Bless!, you came to the right place everyone is so helpful and honest w/the answers even if sometimes the truth hurts :welcome:!

[cmirenda]

I have been in that same shoe from Africa myself and I belong to the same juridiction in GHANA. It's been 5 months since I was deported and just now ready to do waivers. Laurafern 11 is wright. It sound like your husband will need both I-601; I-212 but you must get that I-130 approved. I'm sure you will. Stay strong it will not be easy for both of you. Like I said I'm in that same boat. When my wife letter of hardship is ready with all the evidences she put together, I will call the embassy. DO NOT HIRE A LAWYER for this. Be inpired and get to work (see approved & disapproved HSL here) Have your husband work with his local embassy in bamako or around. ( phone calls, e-mails, etc..)

Thank you, it's nice to hear from some one in that area. I spoke with my husband last nite. He and his father are going to the embassy in bamako on Monday to see where everything stands. I was just reading the stickies on the I-212 and I-601....I cannot believe all the hoops they make you jump thru just to have these petitions approved. Why isn't the fact that this is a good man, with good moral character, who's lived, worked, and put money into their system for 12 yrs and who has lived lawfully, supported his children, with no reliance on the governments support, and who has legally and lawfully married a USC...enough to allow him back??!! This is soooo frustrating that I have to bow to the ridiculous request of a system that continues to fail it's own.

[byran910]

Take heart cmirenda i am from africa and any thing you need or question you have, ask and i will try and help you . Most of these lawyers are not helpful at all so, you must learn the immigration process first.

[cmirenda]

thanks for your support also. I'm questioning myself of how I can get the I-130 approved first. That sounds like the first suggestion from everyone. How do I go about that if the 1st one was denied and the appeal time has past?When we talked last nite, when they returned him, he said he was given a paper that stated he was barred for 10 yrs, but that a USC could petition in his behalf. So is that square 1, re-file, as new or appeal?

[emt103c]

If you are past the appeal time, you have to refile. This time, make sure to give them a LOT of evidence and I think it asks if you've petitioned before. Make sure to be completely truthful about everything.

[Laura]

Knowing how they are with appeals, re-filing is probably just as fast anyway...

[klaudialaw]

for Cmirenda: Did your lawyer come with you at your adjustment of status interview?

[cmirenda]

for Cmirenda: Did your lawyer come with you at your adjustment of status interview?

We only had the one appt. for the I-130 interview..and no our lawyer did not attend, he did not rec. notification of the appt.

[cmirenda]

I had a lengthy conversation w/hubby last nite. It is clear that he was deported w/o papers from his country. How was this possible and was he denied his opportunity for a review with immigration based on the fact that if not deported within 90 days of his incarceration, and if his country had no intention of providing travel documents, he was supposed to be interviewed by his deportation officer and been considered for parole? Does anyone have any comments on this? It was only by a crazy twist of fate that he was not arrested upon re-entry to his country, because his passport had expired. He noticed a relative on the plane that he'd not seen since he'd left in late '90's. She knew the officer at the POE and told him of the circumstances and they let him thru.

[kilimanjaro]

INS had my passport. However they kept me 80 days in jail. When I got to my country's airport, I was arrested and detained at the airport for 6-7 hours then released. How humiliating that could be. By the way after my asylum was denied, I thought I was in for trahison.