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Cr-1 denied

#1 Mexamer

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Posted 31 October 2012 - 02:13 PM

My husband went to his interview in Juarez on jan 1 2012 and was then put in administrative processing and on June 28 2012 we received a letter saying that he used illegal drugs and must stay clean for a period of one year , he is affiliated with criminals, and that he was illegal in the us for more than a year and the we do not eligible for a waiver... So on October the 1st he tried crossing of and got caught they made him sign a voluntary departure... That are accusing him for these thing because when he went to his medical he answered that he had "tried" drugs before 1 or 2 ... And then in his interview he answered that he saw gang member go to his school but he was NEVER part of them.. He doesn't have a record
Here are my two questions
Is there anything we can do?
Or what will happen if he gets caught again trying to cross over?

Thank you for reading I am soo distraught ....
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#2 Asia

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Posted 31 October 2012 - 02:51 PM

So on October the 1st he tried crossing of and got caught they made him sign a voluntary departure...
<..>
Or what will happen if he gets caught again trying to cross over?

You mean he tried to cross the border (illegally, I assume, or did he have any visa?) and you're wondering what will happen if he tries to do it again? IMHO he won't have any chance to adjust his status in the US.
I'm definitely not an expert, but I don't think you can do anything.
Maybe you should contact a good lawyer.
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#3 jose_leti

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Posted 31 October 2012 - 03:02 PM

You mean he tried to cross the border (illegally, I assume, or did he have any visa?) and you're wondering what will happen if he tries to do it again? IMHO he won't have any chance to adjust his status in the US.
I'm definitely not an expert, but I don't think you can do anything.
Maybe you should contact a good lawyer.


sorry to hear that, but admitting to using drugs causes big issues. also being associated with gang members is a big one. yes you should probably contact a lawyer and consult him, but have your husband avoid crossing and being caught. best of luck
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#4 Mexamer

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Posted 31 October 2012 - 03:19 PM

Yes he tried crossing illegally.. And yes the accusations are pretty big I've tried looking for a lawyer but they say they can't help me or that its too hard and we have a one year old daughter that he hasn't met in person!!& I called the consulate and they told me there's nothing we can do because of the accusations unless the law changes...
But thank you guys....
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#5 Darnell

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Posted 31 October 2012 - 03:35 PM

I would learn how to negate the accusations.
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Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

#6 Douglas Custodio

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Posted 31 October 2012 - 03:47 PM

Yes he tried crossing illegally.. And yes the accusations are pretty big I've tried looking for a lawyer but they say they can't help me or that its too hard and we have a one year old daughter that he hasn't met in person!!& I called the consulate and they told me there's nothing we can do because of the accusations unless the law changes...
But thank you guys....


Living in Mexico is not an option?!

I think he will have a really hard time trying to be approved now that he tried to cross illegally and was deported.

Only a lawyer could help. Keep looking and maybe you will find one that is willing to help, but I believe it will cost you a good amount of money.
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Service Center : California Service Center (CSC)
Marriage: 2011-12-29 in Salt Lake City, UT - USA
2012-07-18: I-130 Sent
2012-07-25: USCIS Received
2012-07-26: I-130 NOA1
2012-08-06: I-130 Approved (11 days)
2012-08-23: NVC Received (17 days)
2012-08-25: Return Completed DS-3032
2012-09-04: Received DS-3032 / I-864 Bill
2012-09-04: Pay I-864 Bill
2012-09-06: Receive I-864 Package
2012-09-06: Received IV Bill
2012-09-07: Pay IV Bill
2012-09-12: Return Completed I-864
2012-09-12: IV Packet Sent
2012-09-20: AOS RFE
2012-09-22: AOS RFE Sent (from US - scanned)
2012-09-24: AOS RFE Sent (from BR - originals)
2012-09-24: IV Accepted
2012-10-04: AOS RFE (to be presented at interview)
2012-10-04: Case Completed at NVC(42 Days)
2012-10-12: Received Instruction Package
2012-11-30: Interview Date
2012-11-30: Interview Result: APPROVED
2012-12-04: Visa Received
2012-12-12: US Entry
2012-12-22: SSN Received
2013-01-02: Greencard Received

#7 Mexamer

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Posted 31 October 2012 - 04:02 PM

My family doesn't want me snd my baby to leave.. They say that there's no opportunities their for us things over their are very different I lived their for about 2 years and my just use to things here... Sigh I wish I could turn back time...
And i will keep looking...
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#8 GlobeHopperMama

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Posted 01 November 2012 - 04:26 AM

Perhaps visit immigrate2us.net. When you post there, put a complete timeline, like
month/year - he entered the US
month/year - he tried drugs with some friends
month/year - he left the US to go to his interview
month/year - he attempted to enter without inspection and got caught

etc.

From what you describe so far, it sounds like he has a lot of complications and it's possible he was in the US for more than a year before he left and then tried to re-enter without inspection? If so, there is a lifetime ban with no chance at a waiver until he's been continuously outside the US for 10 years, and there's no way to waive that or fight it if the determination has been made at the consulate. It's called the "9C ban" for short, because it is based on the law under INA 212(a)(9)©. A lot of lawyers get spooked by especially complicated cases, have no real idea what to do in 9C cases, but if you talk to one of the three lawyers linked in my signature and they say there isn't anything that can be done, I would trust that their word is true and there really isn't a way out. This is why I suggest immigrate2us. There are a lot of people on that forum who are living with these kinds of bans who are finding ways to survive the 10 years, and you can find a lot of support there.
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Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .
Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.
2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.
CRBA filed 1-3-13 at Seoul for our daughter

Posted Image Posted Image

You can find me at Immigrate2us.net as Los G :)


#9 MedRoni

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Posted 01 November 2012 - 07:52 AM

My family doesn't want me snd my baby to leave.. They say that there's no opportunities their for us things over their are very different I lived their for about 2 years and my just use to things here... Sigh I wish I could turn back time...
And i will keep looking...

Your family may not want you and your baby to leave, but what do you and your husband want?
You may need to eventually face that moving there may be your only option to be together.

I do wish you guys the best of luck!! :star:
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#10 Marimar04

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Posted 01 November 2012 - 08:34 AM

I cannot help you with your questions because I'm newbie but I wish you the best. Mucha suerte.(Good luck).

Edited by Marimar04, 01 November 2012 - 08:35 AM.

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#11 kzielu

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Posted 01 November 2012 - 08:43 AM

Thing I can't undestand is why someone would say "he saw a gang member" ?
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#12 NikiR

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Posted 01 November 2012 - 10:33 AM

I'm sure if someone was born and raised anywhere in Mexico they probably have "seen" a gang member or five. It doesn't make sense to me either. I hope you look into the lawyers suggested by other members and can figure something out. Really the best thing is to play by the rules and go from there. I wish you the best of luck.
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Keep hope. Spread your wings and soar.


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#13 Harpa Timsah

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Posted 01 November 2012 - 10:38 AM

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His repeat offenses trying to cross illegally will make it impossible for him to ever come to the US. He did that on his own, and is comtemplating it again. Not smart.
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AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

#14 av8or

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Posted 01 November 2012 - 01:36 PM

if he crosses again illegally and gets caught again, he will go to jail.. when he has served his time and released, he will be banned even longer.. i suggest just take the 10 yr ban now, wait, stay clean and reapply on 2022.. i know that sucks but "don't do the crime if you can't do the time"..

Edited by av8or, 01 November 2012 - 01:36 PM.

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LPR 2007

CITIZENSHIP 2012

N-400 filed based marriage to usc = april ??
biometrics = june 21
interview = august 2
oath taking = august 29

done..


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