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Anna11

Options after voluntary depature

By Anna11 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Anna11 Newbie

Anna11   0

Posted
Country: Egypt
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Posted (edited)

HI everyone,

I just joined so I can get some help before I start looking for lawyers.

 

My Husband recently left and went back to his county after 18 years.

He had an old removal order from 2004 and between worrying about being picked up by ICE, both of his parents passing away within 6 months of each other, and his sister harassing him to come get the apartment he inherited the stress became too much.

 

We spent the last two and a half years trying to fix his status but I believe our first lawyer was either extremely dishonest, or just incredibly incompetent.

Not only was our motion to reopen denied but also my i-130 petition was denied due to abandonment (we never received a notice for the second interview :( and the lawyer claims she didnt either)

I even tried to get USCIS to reconsider and give us our interview with the help of my local congressman's office and that didn't work either.

 

So now he's gone and I need help getting him back. I WILL NOT under any circumstances live in Egypt (no offense to any Egyptians) and he has no desire to live there. He's been there 4 days now and he's still afraid to go outside. He says it's very different. 

He only went back because he felt it was the only option. He is truly scared there.

 

What I need to know is:

 

1. Does he have a shot at coming back before the 10 year bar is up? 

 

2. Do you think a non-profit organization is a viable option for help, or should I spend the money on a lawyer? (It's going to be so hard to trust anyone after wasting 5k!)

 

THANK YOU so much for reading this, I look forward to hearing your thoughts! And if you need any more information please let me know, 

 

Ann

Edited by Anna11
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csk2b1 Contributor

csk2b1   44

Posted
Filed: AOS (apr) Country: Scotland
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Posted

I'm sorry that I am unable to give advice but you have my extreme wishes that everything will be sorted out for you..

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sparkles_ Proficient

sparkles_   456

Posted
Filed: AOS (apr) Country: Morocco
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Posted

You should go to immigrate2us.net

 

VJ is amazing, but not many removal and departure cases come across here, but immigrate2us is home to all complicated cases. 

 

You can PM me if you like, my husband beat removal, and there are a lot of options but they take time, effort and money or a lawyer who does payments :)

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
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Anna11 Newbie

Anna11   0

Posted
Country: Egypt
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Posted
Just now, sparkles_ said:

You should go to immigrate2us.net

 

VJ is amazing, but not many removal and departure cases come across here, but immigrate2us is home to all complicated cases. 

I was just rudely told off and told to come here by Reddit lol but ok :) 

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Boiler Grand Master

Boiler   43,434

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Filed: K-1 Visa Country: Wales
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Posted

I2US is a bit dead.

 

Obviously depends on the details and you have only mentioned a few but in the vast majority of cases there is a way.

 

I2US does have a good list of competent waiver lawyers.

 

Is the I 130 still alive? Consulate interview and then you will know for certain what waivers he will need, I see a I 601 maybe a I 212.

“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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Anna11 Newbie

Anna11   0

Posted
Country: Egypt
 Timeline
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Posted (edited)
5 minutes ago, Boiler said:

Is the I 130 still alive? Consulate interview and then you will know for certain what waivers he will need, I see a I 601 maybe a I 212.

Thanks for the reply. 

 

I just registered over there.

 

I'm not sure what you mean by alive. They denied the i-130 I late May. I guess it's dead Now? Lol..I'm really not sure.

 

and when you say consular interview, I'm assuming you mean in his country..?

 

If you need any more details let me know. 

 

 

Edited by Anna11
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sparkles_ Proficient

sparkles_   456

Posted
Filed: AOS (apr) Country: Morocco
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Posted
1 hour ago, Boiler said:

I2US is a bit dead.

 

Obviously depends on the details and you have only mentioned a few but in the vast majority of cases there is a way.

 

I2US does have a good list of competent waiver lawyers.

 

Is the I 130 still alive? Consulate interview and then you will know for certain what waivers he will need, I see a I 601 maybe a I 212.

It is dead in almost all places but the removals section. I think that is about all that is active on it anymore 

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
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sparkles_ Proficient

sparkles_   456

Posted
Filed: AOS (apr) Country: Morocco
 Timeline
Posted (edited)
8 hours ago, MaryLu19 said:

Give this company a call, they have won some pretty hard cases and offer free consultations. http://www.sarmientoimmigration.com/    He will most likely need a couple of waivers. Does he have any criminal history, any claims to US citizenship?  There might be options. 

Sarmiento is a good guy, we did a consult with him as well but opted for a local lawyer when our case turned out to not be as complicated as we thought it would have been. Had things gotten bad we would have opted for him or Margaret Wong in TX because they are on point and have amazing track records. As a heads up, I can tell you we spent close to 10,000 on legal (a good price TBH) in total for our case but it was well worth it

Edited by sparkles_

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
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Cyberfx1024 Grand Master

Cyberfx1024   7,978

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Filed: Citizen (pnd) Country: Philippines
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13 hours ago, Anna11 said:

I was just rudely told off and told to come here by Reddit lol but ok :) 

Why would they say that, and what did they say? 

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ConOfficer Explorer

ConOfficer   167

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Filed: Country:
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Posted

Sure, he needs waivers. He departed with a removal order in effect so that is considered a deportation ("voluntary departure" is something ordered by an immigration judge. And presumably he was unlawfully present. 

 

I-601 and I-212 waivers would be needed. Would take a year or two for an I-130 to be approved by USCIS, for him to be refused 92A and 9B2 at his visa interview, and then for USCIS to approve the waivers. 

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