Running out of options

[BellaRose 7]

My lawyer just informed me that the judge (from a prior arrest in the u.s.) will not accept a waiver of appearance. My husband has to attend this court date in order for these charges to be dropped. These charges need to be dropped in order for him to come into the u.s. I'm stuck in immigration limbo. Is there anyway to get him a visiting visa to be tried in court? Or a day long layover on a plane, or any LEGAL means of getting him to this court date, so we can finally submit our overstay waiver?

[Americanfromage 0]

Sorry I can't offer much help. However, you may want to contact the person who posted this on immigrate2us last week. Maybe she has something to offer you. She somehow got her husband back into the states to take care of a court appearance.

http://immigrate2us.net/forum/showthread.php?108301-Our-miracle-happened-now-I-need-help

Good Luck!

[LIFE'SJOURNEY 970]

The above post. ha ha. He is now still sitting in a jail awaiting his outcome on a wavier, after serving time in jail. I don't think you wants to go this route.

Your hsband can always turn himself in to CPB if there is a warrant out for his arrest.

[Boiler 43,622]

I am trying to remember the history of your case, you were going to Air Traffic School and then getting a job in Australia?

The situation you are in is a Catch 22, no harm his trying for a B2, whether it would be issued is another matter.

[BellaRose 7]

Ok, if I somehow get him here legally to be tried, and there is no jail time does he still have to wait in jail for a waiver to go through or can he just go back to his country. I have an interview Monday for an Air Traffic position in California but it is still going to take 5 years to certify to even think about moving to another country. I refuse to get him here illegally because this is a federal job I'm going for. I can wait to be with him in another country. But he has three other children here, and that is not fair to him or them. That's why I'm still perusing this at all and I figure that I might as well while I'm waiting to certify.

[Boiler 43,622]

First step would be seeing if he can get a visa, if not then everything else is immaterial.

Can his children not travel?

[LIFE'SJOURNEY 970]

Ok, if I somehow get him here legally to be tried, and there is no jail time does he still have to wait in jail for a waiver to go through or can he just go back to his country. I have an interview Monday for an Air Traffic position in California but it is still going to take 5 years to certify to even think about moving to another country. I refuse to get him here illegally because this is a federal job I'm going for. I can wait to be with him in another country. But he has three other children here, and that is not fair to him or them. That's why I'm still perusing this at all and I figure that I might as well while I'm waiting to certify.

First you will need to defind how will he be here legally. If it by turning himself into CBP, they will hold him until trail. But in the mean time ICE will put a hold on him because he really isn't in the country legally. Once ICe has a hold on him he will have the opportunity to see an immigaration judge. Now, anything can happen from here, your quess will be better than mines.

A B2 is out of the question because he has overstays.

Edited February 18, 2012 by LIFE'SJOURNEY

[LIFE'SJOURNEY 970]

Unless he has some type of visa, the airlines aren't even going to let him on the airplane, so he won't even get close to CBP. He could try turning himself into the US embassy, they might not even take him. The USG might determine it is less costly to keep him out of the US.

This could take many twist and turns along theway. No way is a sure way.

[BellaRose 7]

I've inquired about extraditing him, but the prosecutor has dropped his case to a class b misdemeanor, attempted assault in the 3rd degree, no jail time...just a one year order of protection and a 200 dollar fine. They won't extradite him for a case that small. We just need a judge to see the case with a waiver of appearance to get a certificate of disposition. We just happen to have a stubborn judge. Thanks anyways guys.