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Erikajhr77

My heart is in Mexico

By Erikajhr77 in Introducing our Members

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Erikajhr77 Rookie

Erikajhr77   0

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted

This process has been the hardest thing of my life. My husband has been in Mexico for almost 4 years now trying to make it back home where he belongs. He went to Mexico when he was 4 and was there until he was almost 19. When he got in trouble, they arrested him for a week and then let him out and sent him to immigration holding. Unfortunately he did not want to wait in jail since they made it seem like if he didn't voluntarily go back he would be deported and stuck in Mexico for 10 years!

So he waited for the 3 year ban and had his interview last month and received a denial letter today for bogus reasons. Such as: possible affiliation with criminals/gang members, being in the US more than 365 days, which he was since before 18 isn't suppose to count, and saying he was forced to go back to Mexico. Luckily we have been told there should be waivers for those reasons. The one we are really worried about is being inadmissible for possession of drugs, which is what he was arrested for for a week.

So ya, we are stuck in yet another predicament. Anybody going through the same please share and feel free to ask questions. My husband deserves to be where is home is, here with me and his Mom and his siblings.

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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Posted

Do you have legal counsel? This isn't going to be a DIY case. For forum help I have noticed that immigrate2us.net has a lot of deportation/waiver cases. You may find a lot more similar cases there.

When reading your post the obvious questions that come to mind are: what type and amount of drugs was in his possession? WAS or IS he affiliated with gang/ criminal activities?

If he has criminal and/or drug history then he may have to wait out the ban. Don't take offense to this but just because he has a wife and kids doesn't cancel out his poor decisions. There are plenty of US citizens who has families and still get sent to jail. It's just that your husband also has the immigration hurdle to overcome.

You say he deserves to be with his wife and kids so have you thought about living with him in Mexico?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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TBoneTX Grand Master

TBoneTX   43,058

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

Heed NU's good advice above. Good luck with your situation.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Pitaya Grand Master

Pitaya   2,576

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

Welcome to the forum.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Erikajhr77 Rookie

Erikajhr77   0

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted

Do you have legal counsel? This isn't going to be a DIY case. For forum help I have noticed that immigrate2us.net has a lot of deportation/waiver cases. You may find a lot more similar cases there.

When reading your post the obvious questions that come to mind are: what type and amount of drugs was in his possession? WAS or IS he affiliated with gang/ criminal activities?

If he has criminal and/or drug history then he may have to wait out the ban. Don't take offense to this but just because he has a wife and kids doesn't cancel out his poor decisions. There are plenty of US citizens who has families and still get sent to jail. It's just that your husband also has the immigration hurdle to overcome.

You say he deserves to be with his wife and kids so have you thought about living with him in Mexico?

Thank you for your reply. I do have a lawyer who is helping me figure out waivers that we can use. I will check that website, thanks.

He has 0.1 grams of possession of a drug (not comfortable saying what) and he is not affiliated with gang/criminal activities, but does have somebody in his family who was unfortunately.

He waited for the 3 year ban since he was in the US over 6 months after he turned 18. I don't take offense I just disagree, he made a mistake when he was barely 18, the only charge he has ever had. We do not have children and were not married at the time. I do understand there are a lot of people who suffer from there choices and even if there good doesn't cancel out what they did. But instead of just jail, he has been in another country he hadn't been since he was 4 with out his mom, younger siblings or rest of his family, so it did change him in a good way but I do find it worse than being in jail and has taught him his lesson.

I have thought about moving there but that is the last resort. The goal is to get him home to be with his family and where he lived most of his life.

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Boiler Grand Master

Boiler   43,430

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Illegal presence issue 1 but the minor one.

Drugs, depending what it was could be a lifetime bar.

Ditto gang affiliation.

Before throwing any serious money at this you need to find out what he is up against and if there is a waiver route.

Otherwise it will be you moving.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Erikajhr77 Rookie

Erikajhr77   0

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
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Posted

The drug possession is the main one I have been told to worry about by a lawyer, the believe that he may be affiliated with somebody in a gang/criminal activity, there is not much to do about that other than state that he himself is not a gang member or plans to be. I don't know if there will be a waiver for the drug charge, we are going to try though. Thanks for your input.

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Boiler Grand Master

Boiler   43,430

Posted
Filed: K-1 Visa Country: Wales
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Posted

If it is not MJ then it is the end of the line, most Mexico gang issues I have seen involved tattoos.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Erikajhr77 Rookie

Erikajhr77   0

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted

Ya it's not mj unfortunately, the only option we have Kati change the charge to controlled substance but who knows. He does have tattoos but none gang related. As of right now they are giving him a 10 year ban

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Boiler Grand Master

Boiler   43,430

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The ban is something that would be assessed by the Consulate at his interview, so theoretically he would not know until then, but the regulations are clear.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Erikajhr77 Rookie

Erikajhr77   0

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
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Posted

At the interview he was just told that his case was going under administrative counseling. Than about 5 weeks later he got his refusal letter stating why he was denied and that he will be able to come back in 2022. The website and phone number they provided at the interview have not been helpful.

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Boiler Grand Master

Boiler   43,430

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Was he given the opportunity of filing a waiver?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,430

Posted
Filed: K-1 Visa Country: Wales
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Posted

Had he been back to Mexico before?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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