REMOVAL PROCEEEIDNGS AFTER I-130 APPROVAL

[FORMANITE 0]

HELLO EVERYBODY!

This is my first time posting on this or any forum . Briefly i am an EWI married to USC for more than 5 years. For the last about two years i am in removal proceedings . I had my i-130 approved about 2 years ago as well.The judge has been kind enough to give me continuances so that i can find a third country for consular processing. I am a native of Pakistan.My wife is ready to go back with me but i can't put her life in danger by taking her there and the getting stuck there. She is emotionally very fragile and is being seen by the psyciatrist on regular basis for a few years now. Can anybody help to tell me what should i do in my upcoming hearing if i can't find a third country to accept me and am finally left with no choice but to take V.D.Any seggustion especially Pakistani guys with similar experience will be greatly appreciated.

[spookyturtle 9,465]

You need a good lawyer. NOW. Check with Heather Poole at humanrightsattorney.com. She will do a free initial consult to evaluate your case. You need help, now.

[emt103c 10]

Agreed on the attorney.

Are you really EWI (entry without inspection) or did you enter legally and are now out of status? How did it happen that you were placed in removal proceedings?

As for the voluntary departure, that is a good option as it will allow you to only need an I-601 instead of being forced to file both a 601 and 212.

It DOES take a long time in Pakistan as you can well imagine, what "third" countries have you tried? Did you attempt to apply for a visa to any others for short (ex: temporary worker) stay?

[FORMANITE 0]

Agreed on the attorney.

Are you really EWI (entry without inspection) or did you enter legally and are now out of status? How did it happen that you were placed in removal proceedings?

As for the voluntary departure, that is a good option as it will allow you to only need an I-601 instead of being forced to file both a 601 and 212.

It DOES take a long time in Pakistan as you can well imagine, what "third" countries have you tried? Did you attempt to apply for a visa to any others for short (ex: temporary worker) stay?

Hello!Thankyou for your response. Well I am an EWI and not out of status. The way it happened was that we went to an accountant who happened to have a law degree as well. He applied for I-485 and I-130 simultaneously and after I485 interview they denied it becuase I could'nt be adjusted here in US(thats back in 2003). Now they did not put me in removal right away as they could have. After waiting for about two years they finally sent me another interview for I-130 and got approved. Right after that I was put in removal proceedings as well.

Now for about two years my attorney has been able to get continuances to get some third country for my consular processing. How honest my attorney been in trying for third counry I can't answer....I have heard Mexico;Canada;Australia and even Germany but like I said I don't know how good the effort was.

Now I have another hearing coming up and NVC has started the process on my approved I130 as well. So the way it is going Pakistan seems to be the only option. The law and order situation and well being and safey of my spouse is my greatest concern right now. I am praying and hoping that the judge is able to resolve this issue in a reasonable manner.

Thankyou again for your response and I will be waiting to hear from you .

[emt103c 10]

Since you are so far into it, it does sound like Pakistan is going to be your only option. On the upside a few people lately have had the experience that Islamabad waivers are being forwarded to some of the more quick processing DHS offices. . .though the approvals haven't started flowing yet.

Take a look at www.immigrate2us.net. . .that is THE place for waivers. Make sure that you are keeping an eye on how your waiver is developing, and if you are not pleased with the experience your attorney has in this aspect of immigration law (there are very few attorneys experienced in I-601's) then consider switching for that phase.

Bunches of people on I2US have done it without an attorney, but an attorney without 601 experience can really break your approval chances.

So what is your best case scenario?? Are you hoping for VD and a few months before traveling to Pakistan?

[diadromous mermaid 36]

Your wife would join you? How would that play out for a waiver of any inadmissibility?