Steps for getting husband back after deportation

[jessjack123 0]

My husband entered the US illegally in 2002. We met and started dating shortly after. In 2004 he was arrested after a traffic accident and didn't have license or insurance. He was sentenced to probation. At the time we had broken up and he didn't have any money to pay the fines so he skipped out on the probation (obviously a bad choice, I know). We got back together, have had two kids and all was well until Jan/09 when he got pulled over for a minor traffic violation and the cop saw that a warrant had been issued for him in 2005 for skipping on probation. He was sentenced to 45 days in jail. No big deal but immigration showed up at the jail and he was deported at the end of the sentence. We were not married yet so I don't think I could've done anything to stop it then. I decided to try moving to Mexico. We got married and it's been a year now but I can't handle living there. I came back to the US to make money and file his paperwork. I found a probono attourney that will file the I-130 for me but she said that from there I'll have to get another lawyer. From what I've seen online the I-130 gets filed first and takes right now about 5 months. Then he gets an interview and he will not be approved. Then I have to file an I-212 and I-601 which take 4 months right now (assuming I can prove hardship which is a seperate matter I'll have to deal with). I've also seen people say they have to send in an I-129 as well. So I'm wondering is my information correct or are there more steps? And will his misdemeaner make it take longer? I just want to have a better idea of what the process is going to be and my lawyer is too busy to get ahold of (but she's free so I'm not complaining there). Thanks!

[NigeriaorBust 4,087]

The experts on waivers and hardship filings is immigrate2us.net you will find tons of help there.

[canadian_wife 1,831]

Due to the jail time, I do not think that you're husband will qualify for the pilot program in Mexico for waiver adjudication. This means it will likely take longer than 4 months to adjudicate the I-601 (remember, you must also show why you cannot move to Mexico not just why your husband must return to the United States).

No, you do not need to file the I-129F. File the I-130 with the supporting documents and wait for the approval. Then you will go through NVC and then to the interview where the visa will be denied. Have your waiver packet ready by the interview

Sorry for your situation

Good luck.

[pushbrk 13,627]

My husband entered the US illegally in 2002. We met and started dating shortly after. In 2004 he was arrested after a traffic accident and didn't have license or insurance. He was sentenced to probation. At the time we had broken up and he didn't have any money to pay the fines so he skipped out on the probation (obviously a bad choice, I know). We got back together, have had two kids and all was well until Jan/09 when he got pulled over for a minor traffic violation and the cop saw that a warrant had been issued for him in 2005 for skipping on probation. He was sentenced to 45 days in jail. No big deal but immigration showed up at the jail and he was deported at the end of the sentence. We were not married yet so I don't think I could've done anything to stop it then. I decided to try moving to Mexico. We got married and it's been a year now but I can't handle living there. I came back to the US to make money and file his paperwork. I found a probono attourney that will file the I-130 for me but she said that from there I'll have to get another lawyer. From what I've seen online the I-130 gets filed first and takes right now about 5 months. Then he gets an interview and he will not be approved. Then I have to file an I-212 and I-601 which take 4 months right now (assuming I can prove hardship which is a seperate matter I'll have to deal with). I've also seen people say they have to send in an I-129 as well. So I'm wondering is my information correct or are there more steps? And will his misdemeaner make it take longer? I just want to have a better idea of what the process is going to be and my lawyer is too busy to get ahold of (but she's free so I'm not complaining there). Thanks!

Sounds like your only question is whether to file the I-129F. Don't do it. That process is obsolete as of February 1st and has saved no time since November, 2006.

[jessjack123 0]

Thanks for the quick replies. I guess my real concern is how long it's gonna take. When I see the processing times that gives me hope that it will all be quick but then I see people's posts on here that it took 2-3 years and it worries me. I'm definitely going to put a lot of effort into coming up with the best hardship case I can and have that all ready by the time of the interview. I'll just have to hope for the best outcome.

[pushbrk 13,627]

Thanks for the quick replies. I guess my real concern is how long it's gonna take. When I see the processing times that gives me hope that it will all be quick but then I see people's posts on here that it took 2-3 years and it worries me. I'm definitely going to put a lot of effort into coming up with the best hardship case I can and have that all ready by the time of the interview. I'll just have to hope for the best outcome.

That's about all you CAN do. Be sure you focus on hardship associated with the foreigner not being allowed to enter the USA, not the hardship of you living in their country. US Immigration officials are not asking you to live in another country. Simply being separated from your spouse is not considered a severe hardship, just a normal hardship.