situation w/question

[YLAnkava]

I just discovered this website, amazing how many of us there are, uh? The QUESTION is at the bottom and here are some of the details:
My husband was deported 01/05, he had been arrested and detained for approx 2 mos. because there was a warrant for a failure to appear (charge: overstay (even tho married) needed to prove we had fixed everything)

since it was in another state -- we just didn't know how to handle due to extreme financial hardship and ignorance. We hired with borrowed money supposedly the best lawyer (10K!) BEFORE the deport, she told me which docs to file (ie I130, etc.) and she filed a motion asking the judge to be understanding and listen to our side of what happened due to new son, wife, financial hardship, no charges were filed out of state, we just didn't show up to the failure to appear because of money blah blah blah blah....the new facility in East Florida was built all new and it was empty so they hired new people and started getting busy getting all the people who were "wanted"...for the first time they had a place to take people other than the way over crowded Miami Krome Center....My husband met many people in there with the same thing.....while we are waiting for the judge to judge, I don't hear from my husband for a few days, this is unusual, I was worried-I called the lawyer and asked if she thought he had been deported. No way she said, they won't pay for that and besides his passport is expired. (it had expired while in custody) whew....well 24 hours later my husband called me from NJ airport bathroom on the cellphone of an understanding FBI agent escorting him back to Israel. I called the lawyer, she said well they are sending him home, but they are not escorting him all the back to Israel. They did. As standard procedure the US sent Israel an announcement that an two escorts was bringing back a citizen with grounds to deport as: NO CRIMINAL ARREST BUT THREATENED TO TERRORIZE
Israel wrote back and said: Please give another reason for deport grounds - and define terrorize due to english/hebrew translation is not worthy of deport. In other words: terrorize is a pretty big word to use post 09/11. There was never a reply, my husband got off the plane with two FBI agents in Tel Aviv, the authorities there said "what's the deal" -- FBI said I don't know. They let my husband go home with his family then. Now it is 2 1/2 years later, I have been to Israel twice trying to find something out. No help from my lawyer other than -- you go to the embassy - you have a good voice. Well, we were evacuated last year when the bombing started in Israel and Lebonon and I came back to US with nothing. Jump ahead to today: Completely frustrated and broke, I can't even get a statement from my lawyer (never received one: for 10K!) I started some research, my lawyer never mentioned a 601 or 212. I mean if I was going to Israel US Embassy -- at least she could have told me what to do/take..... We were approved on our I130, glowing reviews..... now the Homeland Security wants the "sponsor" info, well, guess what, since I have been running around for the last year homeless with a two year old I don't have enough to do the sponsorship, we can work on this, but MY QUESTION IS: do I have to have this done before I can file the I601/I212? Thanks, L

[angela256z]

I believe you do. I don't think they will not give you an interview to file the I-601 or I-212 until it is sent in. Do you have a family member or friend that can sponsor him? They would not have to travel to the embassy to prove anything they just fill out the form and get the evidence. Someone else may be able to claify.

[YLAnkava]

Boy, you were quick, thanks so much, I figured this was the deal, but it didn't hurt to ask.

Other question I forgot: Can I file the 610/212 in US or do I have to do the Embassy in Israel.

[emt103c]

You have to go through the whole consular process and be "otherwise approvable" before you can file the I601/I-212. Meaning other than the deportation and/or overstay be qualified for entry.

This means that you have to have already submitted the whole packet including the Affidavit of Support document, and have qualified. You can use a cosigner in order to qualify.

[emt103c]

Boy, you were quick, thanks so much, I figured this was the deal, but it didn't hurt to ask.

Other question I forgot: Can I file the 610/212 in US or do I have to do the Embassy in Israel.

The package is submitted to the embassy where your husband does his interview.

[angela256z]

Boy, you were quick, thanks so much, I figured this was the deal, but it didn't hurt to ask.

Other question I forgot: Can I file the 610/212 in US or do I have to do the Embassy in Israel.


EMT is right. Your husband will file those when he has his interview. You will get your interview after the Affidavit of support and Visa application are filed. I think there are a total of 2 or 3 packets before the interview is set. Once the interview is set you will need to have your HSL ready for it to file with the I-601 and I-212. You can go to the embassy with your husband, but they will not let you in. He can only go to the interview alone.

[MistyB]

You will need to have everything in order prior to filing the 601/212. They take all that into consideration. If you dont make enough, would they be willing to count the husband's income if any? Do you have any family to help co-sponsor?

This a note for everyone planning to use an attorney..if they are charging you over $3000 to do the waiver or under $1000 then look out because they are screwing you.

I also have a good attorney to contact: Raquel Hecht/Teuta Norman out of Oregon. You can find her on the internet. I spoke to her and she was wonderful. They only charged me $75 for half an hour even though we spoke for nearly an hour. Course this was back in 2004/5.