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If we file an I-601A and it is approved: What are the chances that he could be denied re-entry? - Criminal Record

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I haven't filed an I-601A for my husband yet, as I'm waiting to see my lawyer.

Background:

Husband was brought here illegally in 1989 (he was 4.) No one filed on his behalf, although his father, uncle and mother (now deceased) and much older half brother successfully filed before 1999. (All are LPR)
He has never left the country, been detained, deported or subject for removal.

He graduated high school in 2005.

In 2006 He pled guilty to an DUI-1st offense; He had a valid Licenses. Punishable Up to 11mths & 29days, he spent the mandatory 48hrs; Dui School & 1 Year Probation. All completed.// He then pled guilty to Domestic Assault Class B Misdemeanor; Incident with a former roommate, Maximum sentence for this crime is 6mths, he was not sentenced nor did he pay a fine. There was no probation.)

We met in 2007. Married in 2012.

We have two children together, Plus he has a daughter born in 2005 that he pays child support on.

Best Case Scenario:

If we file an I-601A and it is approved: What are the chances after we left for El Salvador for his interview, that he could be denied re-entry? I believe the domestic assault falls under a CIMT (or possibly aggravated felony?). But I've also read online that if there was only one CIMT that it can be waived and fall under a petty offense exemption. However, I can't find out if his domestic assault could fall under that. I see domestic violence, but the laws are unclear on everything that I find pertaining to it.


1989: Husband entered U.S, EWI. Age 4.
2005: Husband graduated highschool.
2005: Birth of his daughter ♥

2006: Husband arrested/ pled guilty for DUI-1st offense;

2006: Husband arrested/ pled guilty for Domestic Assault (Misdemeanor; No fine/ No Sentence)
2007: Met my husband ♥
2011: Birth of our first son!
2012: Married!!

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I would wait to speak to your lawyer. I can't speak from personal experience but i am curious why you would need to go to El Salvador for his interview. If he has been here since 1989 and has never left the country and no removal proceedings there is no reason he would need to return for an interview (I could be wrong) however my sister married a man in a similar situation as far being brought here when he was a child. Everyone in his family has their papers processed correctly except for him. They underwent the process to transfer his status when they got married and he never had to leave the country for an interview. I would discuss this with your attorney.


Met: 12/2011

Married: 12/26/2013

Interview Date: 8/27/2014 - APPROVED

REUNITED!: 9/10/2014

POE: Miami

I-751 & I-912 filed together: 6/16/2016

Package Received In CA Service Center: 6/21/2016

I-912: Denied 8/6/2016

I-751 sent w/payment: 8/22/2016

Package Received at CSC: 8/24/2016

NOA-1: 8/29/2016 (dated 8/24/2016)

Biometrics Appt: 10/11/2016

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We've been told countless times that he can't stay inside the US. His father married a USC and she petitioned for his father only (not my husband) so my husband isn't protected because nothing was filed for him prior to 2001. His step mom would of had to file a petition for him separately, because his step mom is a united states citizen.


1989: Husband entered U.S, EWI. Age 4.
2005: Husband graduated highschool.
2005: Birth of his daughter ♥

2006: Husband arrested/ pled guilty for DUI-1st offense;

2006: Husband arrested/ pled guilty for Domestic Assault (Misdemeanor; No fine/ No Sentence)
2007: Met my husband ♥
2011: Birth of our first son!
2012: Married!!

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Thank you both for responding, I will go check that site out :)


1989: Husband entered U.S, EWI. Age 4.
2005: Husband graduated highschool.
2005: Birth of his daughter ♥

2006: Husband arrested/ pled guilty for DUI-1st offense;

2006: Husband arrested/ pled guilty for Domestic Assault (Misdemeanor; No fine/ No Sentence)
2007: Met my husband ♥
2011: Birth of our first son!
2012: Married!!

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