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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

Hello everyone. I am new to the site!! I definitely appreciate all the advise I get. :)

My now husband a Mexican citizen entered the US from Mexico w/out inspection in the year 2001. I gave birth to our 1st child in 2004 and he has Down syndrome. We had our 2nd child July 2007 and got married in Sept. 2007. My husband was arrested for DWI Nov. 2009 which is when ICE had a hold on my husband. He served some jail time for the DWI and and during the process was given voluntary departure Oct 2010. The Attorney began the immigration paperwork process on Aug. 2010 which is when we filed the I130. My husband left back to Mexico by Oct 2010. To make a long story short, I just received an email from the NVC that my husband's immigration visa interview is scheduled for Nov 3rd 2011 in Juarez. From what I've read so far, I understand that he will most likely get the visa denied w/ the possibility of a waiver if I can prove extreme hardship....Is that right? I feel very lost even with the help of my attorney (which in any case, doesn't answer my calls) One concern I have is that my husband still has a couple warrants for unpaid traffic violations. (which are misdemeanors as per the attorney) Can these warrants affect the outcome of the decision for the visa if they are not paid by the time the appointment comes around? The attorney says the don't affect the interview (I don't know if I believe him) I am very nervous about the interview since it obviously doesn't mean he can come home yet :(, Any guidance and advise is very much appreciated. Thank you!

Filed: Other Timeline
Posted

The unlawful presence triggered the 10-year bar in October of last year. Yes, the IR-1 visa will be denied because of it and you'll need an I-601 waiver to overcome it. In your situation you have a realistic, no, a great chance to get it approved, but you do need a waiver attorney to get this done right. It's like you have a heart condition but you are seeing a general practitioner instead of a cardiologist.

Go to http://www.immigrate2us.net and post there. Also contact Laurel Scott for an initial consultation. She has a free weekly chat there.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Follow Bob's advice. You will almost certainly need a new attorney, but just in case ask your current one how many I-601 waiver cases he has handled and how many were approved. This is a very special part of the immigration law, and you want an expert--really. Although if your case is simple, you can do it yourself, and the people over at www.immigrate2us.net can help you decide. If you use an expert lawyer, be prepared for very BIG legal bills, but please do not use nay lawyer who does not regularly file and WIN waivers.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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