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Thread: Hello I am new

  1. #1
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    Post Hello I am new

    I am a us citizen with 3 us citizen children(12,10,2) and my husband was deported 7yrs ago on 212(a)(2) for 1992 conviction which he received no jail time only $500 fine and 100 community service. (INS determined it to be moral turpitude) and I am trying to get him back into US.
    Life is getting harder and harder without him...and it's tough raising 3 children without their father.
    I have worked with few different lawyers but things have tangled up and took wrong turns and made everything so complicated and now I want to do this myself.
    So I did searches online and came across this site and I have been reading forums related to 212 and it's been more helpful than any of the lawyers that I have consulted with.
    I've been on the site for few days and it has enlightened me. I will need alot of help so advance "thank you" to all those who take time to read about my situations and give answers and opinions.
    I will post updates with my situations and also help other members as much as I can.

    Thank you!

    07/1986 immigrated to US when he was 12 yrs old as LPR
    08/1992 hubby 18yrs old 6 mo. Boston MA offense -assault by means of dangerous weapon (firearm replica c265 515b) never sentenced jail time only $550 fine and 100hrs of community service(but did not fulfill so warrant was issued on 11/13/1992
    *he pulled out a bb gun he purchased for $12 while fighting with 4 other men to scare them off )
    11/15/1999 POE he was denied entry and processed for a 240 removal hearing and detained. 7 days later bailed out.
    07/2000 Met my husband and started dating few months later
    02/14/2004 We got married
    09/2004 Cancellation of Removal Denied and started appeal process
    12/4/2004 US court of appeals filed petition for rehearing and rehearing en banc but Denied
    05/2005 first daughter born
    12/2006 second son born
    03/2010 Whole family moved out of US went to Seoul Korea
    01/2015 our third son born
    06/2016 I moved back to US with 3 children leaving my husband behind and hired a lawyer
    10/14/2016 applied for greencard and was denied under section 212a2 crimes of moral turpitude

  2. #2
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    Not enough information.

    First thing is to take care of any outstanding legal issues related to your husband's past conviction, if he's any open warrants or removal orders etc.

    If you haven't done already, get a USCIS/CBP FOIA on him as well as FBI background check report.

    Assuming that 212(a)(2)(A)(i)(I) is his only ineligibility, you've 2 routes to go through to get a I-601 waiver: extreme hardship and/or minimum 15 yrs since criminal activities happened + show of good moral character since then.

    If you're thinking about going for extreme hardship, you need to share your personal situation here. Keep in mind that since you've lived outside US for 6 yrs, it may have a negative impact on your claim for extreme hardship unless an occurrence of extreme hardship(s) is what caused you to moved back to US.

    If not a case of extreme hardship, your husband will have to prove good moral character and an upright living since conviction happened.

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    in 2016 were you not offered a waiver?
    Nothing in life is guaranteed, especially anything to do with Immigration.

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