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Thread: Broken! Husband stuck in his country

  1. #1
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    Broken! Husband stuck in his country

    Hello everyone,

    First I am soo glad I came across this website. I have torn with this whole immigration process. My husband, Juan is from the Dominican Republic. We been together just a little over 17 years and married since 2005.

    We have been fighting his immigration case for almost 5 years now. He was picked up by ICE on Feb of 2012 and released in April 2012.

    I will try my best to make this short as possible. Going back to 1998.. He came to USA crossing the Rio Grande in 1998. Was caught 3 miles down by an Immigration watch guard. Taken into custody, He had at that time given an officer false information. His name and his country of birth. ((BIG BIG MISTAKE))

    Before his first hearing in 1998 while in custody he then hired a lawyer which he had confess to the lawyer of his lies... the lawyer then at the first hearing explained all of it and his name and place of birth was then cleared. He was released after a few months and stood in the USA and never went back to court ((ANOTHER MISTAKE))

    When he was picked up in 2012, while he was in custody we then apply for a stay of deportation, which got approved. We also had his case reopened and his court case was finally closed and we were now able to apply for the 601A waiver.. Yay!!

    Waiver got approved and we finally had a appointment schedule at the embassy in DR.

    That's when all went down hill..... after waiting for over 4 months in DR, We was finally Issued on October 14,2017 per CEAC website... We never received an email stating the Visa was approved but we did receive an email stating to pick up the passport.. to find out at the embassy it has been denied under MISREP!! Once we had his passport in our hands, to find a Visa in the Passport stamped CANCELLED IN BIG LETTERS

    Our lawyer stated she was not in agreement with their decision due to the fact they are claiming he needs to file a 601 for misrep. Now here's when it get tricky.. Yes he lied about his place of birth, which is the reason they want us to file the 601.

    But according to our lawyer and FAM, he never gained any immigration benefits due to his lie therefore he should not be charged with MISREP. My husband claimed he was from Honduras back in 1998 but according to what my lawyer and myself understand.. it does not matter if he was from Honduras or Dominican Republic, he still was not able to gain any immigration benefits and therefore should not be charged with MISREP.

    Our lawyer has filed an Advisory Opinion with the DOS on November 18, 2016.. stating her argument of why he should not be Charged with Misrep. We still till this day have not received a response from them.. I am surprised I was aware it should not take more than 30 days to get a response.

    Meantime, We had 2 corner stores here in the states.. We already sold one and now the other store is just is doing bad and currently closed due to me not able to afford the business, house and taking care of our 2 children. We are losing every and anything in our lives.

    I expressed to my lawyer my concerns and the only thing she said was if we wanted to see another lawyer for another opinion. I feel as she is not really trying to help with the case. She will not even reach out to the DOS to see the outcome, she has only reached out once to them since November 18,2016.

    Can anyone guide me with this... Sad thing is the law is there in black and white and we are still charged with Misrep regardless..


    Hopeless,
    Elizabeth

  2. #2
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    WOW , im so sorry to hear what happen , it seems to me your lawyer is not telling you the whole truth , I would ask her to get you the reason for the cancelation in writing, I am pretty sure they send her that , and if they are saying MISREP , is because she misrepresent your husband and probably did not do something right , if he already was approve for the I -601A waiver , there is no reason to do another I -601 , because is for the same purpose , your lawyer have to work on doing the 601 and presenting new hardship evidence that you have now because of all this cause by her negligence . Don't wait any longer and ask her to start working on it and she better not charge you any additional money , because this is something she need to fix .

    Good luck

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    The provisional waiver (with I-601A) is for if there is only a 9B ban triggered upon leaving. If there are any other bans, then the provisional waiver is not appropriate and the consulate is supposed to revoke it if they find any other bans. Here the consulate did think he had another ban (6C), which if true would indeed mean that the provisional waiver is revoked and I-601 has to be filed anew for all the bans. But, the tricky part here is that they believe that the consulate made a mistake, that he didn't have that other ban, and so the question is, if they manage to convince the consulate that he didn't have that other ban, does that mean the provisional waiver can still be used? or do they still need to file I-601 for the 9B ban? I don't know.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

  4. The Following User Says Thank You to newacct For This Useful Post:

    Coventrated (01-27-2017)

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    Thanks for your response!

    yes, I also wonder the same exact thing, if the 601A will still be effective if the Department of State agrees with our lawyer and can clearly see where the counselor is mistaking Misrep. I am upset due to the fact our lawyer did not try to at least email the counselor or a supervisor to clear things up. I read on this very website that a few lawyers at least reached out arguing why their clients should not be charged with Misrep for the very same thing and convinced the counselor to drop the additional charge.

    I think at this point we need to search for another lawyer.

  6. #5
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    Well, my husband and I went to the embassy ourselves. Waited nearly 6 hours to be told that the reason for the refusal after the approval was due to my husband stating he was from another country back in 1998 when he was caught after crossing over to USA and the 601 waiver will be needed.

    I understand completely if he needs the 601 but just very upset since we spoken to a few lawyers and they clearly stated that he should not need the 601 for Misrep, he did not gain any immigration benefits.

    Thanks, I need all the luck I can get at this point

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    Begs the question why he lied, what was the purpose.
    Nothing in life is guaranteed, especially anything to do with Immigration.

  8. #7
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    Quote Originally Posted by Coventrated View Post
    Begs the question why he lied, what was the purpose.
    I have asked him that very question over a million times, his only reply has always been that was his reaction as he was scared. Dumb decisions can cause lots of damage.

  9. #8
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    Has the I601 been filed?
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    Quote Originally Posted by Coventrated View Post
    Has the I601 been filed?
    No not as of yet. His lawyer submitted a Advisory Opinion with the Depart of State and we are currently waiting for a response.

  11. #10
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    Shame, you would have been half way through.
    Nothing in life is guaranteed, especially anything to do with Immigration.

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