Unusual situation with J1 Visa Need Advice

[ArisAmi 0]

HI , I have been a member for awhile but decided to finally post on the recomendation from someone on another forum. The story is kind of long so I will try to condense it My husband, who is an Indian National, came to the US in 2002 On a J1 Visa.When he arrived to study at a college in Kentucky he found out the program had been canceled and the International Student Services Coordinator was surprised he was there. They did not even help him and sent him away told him that he could go "sightseeing".(he was only 19yrs old). He paid his own way here for a program that didnt exist so he had a friend in NY that told him he should try to enroll at NY University so he took a bus there but when he went to the college to try to enroll they told him he needed to take care of that visa requirement so he went to see an Attorney who told him no problem that he could get that waived and he had my husband sign paperwork then sometime after he recieved a work permit and a SS number. To try to make a long story short he kept trying to get hold of the Attorney and it turns out the man was shady and left the country so my husband never went to the Interview with USCS, they closed this and he has never had an Deportation Order.

My husband and I met in 2006 , we have been married since 2008 and we contacted a new Attorney who then took about a year to get info on my husbands case which turned out she told us that the man who he thought was an Attorney was called a " Notario" and he had filed him under a "LULAC" case which was fraudulent. We were so shocked and the Attorney said unfortunately these kind of people take advantage of immigrants all the time so she said or best bet was to get an advisory opinion from the state Department since the program was canceled prior to his arrival and no monies were paid on his behalf. We assumed she was doing this as she took quite a bit of money, made contact with the College but after continuously bugging this attorney we were told they werent getting anywhere so I contacted the college then a New attorney who is rated superior on Avvo and he also used to work for Immigration. I finally got a letter from the school, wrote for an advisory opinion from the State Department with all of the facts and the DOS issued a determination that he was subject to the 2 year rule even though he never used the Visa nor attended the program the visa was for as it didnt exist prior to him entering. My attorney doesnt agree with this, I even had my Senator working on my behalf as they felt he had a good case.

My problem is we were just going to go to India and wait out the 2yrs but my Attorney states we shouldnt leave because it will be much harder to come back as we also have to apply for a waiver due to the Lulac case and he feels we have a strong case for a waiver based on the fact the 2 yr rule shouldnt not have applied /hardship waiver. We also cannot apply for a NO Objection waiver as his Indian passport is expired and in order for him to be able to apply for a new passport he needs 2 Indian Nationals with Valid Passports AND have to be GreenCard holders which he doesnt have since most friends are Pakistani(he is Muslim) so he has little social interaction with other Indians as they are mostly hindu around us. It's all so complicated and even though our Attorney is highly qualified he has only done 2 waivers so should I get another opinion? Is there anyone who can give some advice for another option or should we just wait and hope they pass Immigration reform this year?? I'm so overwhelmed and dont know which way to turn, thank you so much for listening to me and any advice would be greatly appreciated....

Edited March 14, 2013 by ArisAmi

[Penguin_ie 5,994]

*** Moving from Student Visa to Waivers forum per OP request ****