Full Version: USC married EWI from Mexico
VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)
Greetings all:
My husband states that he was stopped at the border attempting to cross in 2004. He was told to return which he did. Then a few days later, he did in fact enter. i met him after he had only been here a short while. We are now married.
Last week he was in a car with another EWI and they were pulled over- apparently the driver had drugs and while my husband was initially charged, in court, all charges were dropped against him as the driver admitted they were his and that my hubby knew nothing.
We have an attorney who faxed the court disposition to the judge Friday and we are set for an immigration bond hearing monday. I am scared- Do not know what to expect and furthermore,
Is it too late to start the I-130 process?
What if we jump through the hoops and make it to the interview in Mexico? I believe I can show a pretty good hardship case (1st husband and father of kids was murdered several yrs ago and my current hubby has stepped up and filled the void) but will the 2 EWIs and dismissed charges hurt us?
I am thankful for all responses-
QUOTE(raejae @ Jun 27 2008, 08:33 PM) 
Greetings all:
My husband states that he was stopped at the border attempting to cross in 2004. He was told to return which he did. Then a few days later, he did in fact enter. i met him after he had only been here a short while. We are now married.
Last week he was in a car with another EWI and they were pulled over- apparently the driver had drugs and while my husband was initially charged, in court, all charges were dropped against him as the driver admitted they were his and that my hubby knew nothing.
We have an attorney who faxed the court disposition to the judge Friday and we are set for an immigration bond hearing monday. I am scared- Do not know what to expect and furthermore,
Is it too late to start the I-130 process?
What if we jump through the hoops and make it to the interview in Mexico? I believe I can show a pretty good hardship case (1st husband and father of kids was murdered several yrs ago and my current hubby has stepped up and filled the void) but will the 2 EWIs and dismissed charges hurt us?
I am thankful for all responses-
My husband states that he was stopped at the border attempting to cross in 2004. He was told to return which he did. Then a few days later, he did in fact enter. i met him after he had only been here a short while. We are now married.
Last week he was in a car with another EWI and they were pulled over- apparently the driver had drugs and while my husband was initially charged, in court, all charges were dropped against him as the driver admitted they were his and that my hubby knew nothing.
We have an attorney who faxed the court disposition to the judge Friday and we are set for an immigration bond hearing monday. I am scared- Do not know what to expect and furthermore,
Is it too late to start the I-130 process?
What if we jump through the hoops and make it to the interview in Mexico? I believe I can show a pretty good hardship case (1st husband and father of kids was murdered several yrs ago and my current hubby has stepped up and filled the void) but will the 2 EWIs and dismissed charges hurt us?
I am thankful for all responses-
It all depends on that first entry.
A lot of people who attempt to enter the U.S. from Mexico get what is referred to as a "Catch and Release" which is sort of what this sounds like, however, if the border patrol agent just happened to conduct a formal removal (Expedited Removal) on your husband, then there will be bigger problems. This can usually be cleared up by asking your husband what type of paperwork was done at the time of his removal (or by doing your own FBI fingerprint check.)
It is not too late to start the I-130 process.
As for the arrest, you will need to show as much proof as you can about the dropped charges. Even if in the end, that becomes one of the reasons for denial, if you can prove that your husband did not have anything to do with it, it can help your case.
Either way, at this point it sounds like you will definitely have to file the I-130, you should also try to get voluntary departure for your husband so that he will be given some time to complete his affairs and get to leave of his own will instead of govt. provisions.
Definitely consult with an EXPERIENCED immigration attorney.
Check out visacentral.net and immigrate2us.net
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