Jump ship married to a USC asked to go back to homecountry for interview

[scotty2009 13]

Hi. My friend co-worker called me, distraught. Apparently, her husband, who came here in the USA almost a decade ago, undocumented (no visit visa, no worker's visa, or anything else to allow him lawful entry into the USA), was asked USCIS to go back home to his home country, Lebanon, to have his interview there.

My friend is totally clueless about all these procedures. I did ask her his husband's lawyer and post a thread here to seek info from people who may have had the same case, but I don't know if she was listening. She was terribly sad. He husband leaves 2 weeks from now. They have a house in both their names, he doesn't have any police records. She's a USC and they have 3 young kids and is currenlty pregnant. I tried to tell her that maybe his interview in Lebanon is just for formality, and that he may be back in the USA soon, after his interview, but I, too, am clueless about these. Has anyone had the same situation? Does anyone know what are the possibilities that people with this immigration situation could go back to to the USA to be with reunited with their respective families?

[aleful 1,905]

hi

unfortunately that is their fault, he wasn't qualified to adjust status in the US, he has a 10 year ban which he must file a waiver to overcome the ban and he will have his interview in his country

He doesn't need to leave now, they have to send the i824 to move the case to NVC or National visa center, where they will pay the forms for consular processing in his country, it is a different process

they will pay the forms and mail the waiver, i601A waiver and she has to file the hardship letter

she needs to prove extreme hardship, how she would feel if he could never return and why she couldn't live in his country

after the waiver is approved, if approved, they can continue the NVC process and have his interview in his country

they did the wrong process

she only was allowed to send the i130 and the two G325A

and if they have a lawyer, he should be fired. so tell them, to not leave, or he will have to wait months, over there, they have to start another process, the only thing that they can salvage is the i130 that needs to be sent to the National Visa Center, because they have to start the consular processing.

until he has an interview date at the embassy or consulate in his country, he shouldn't leave, it could take close to a year

Edited March 20, 2015 by aleful

[kzielu 1,144]

Hi. My friend co-worker called me, distraught. Apparently, her husband, who came here in the USA almost a decade ago, undocumented (no visit visa, no worker's visa, or anything else to allow him lawful entry into the USA), was asked USCIS to go back home to his home country, Lebanon, to have his interview there.

My friend is totally clueless about all these procedures. I did ask her his husband's lawyer and post a thread here to seek info from people who may have had the same case, but I don't know if she was listening. She was terribly sad. He husband leaves 2 weeks from now. They have a house in both their names, he doesn't have any police records. She's a USC and they have 3 young kids and is currenlty pregnant. I tried to tell her that maybe his interview in Lebanon is just for formality, and that he may be back in the USA soon, after his interview, but I, too, am clueless about these. Has anyone had the same situation? Does anyone know what are the possibilities that people with this immigration situation could go back to to the USA to be with reunited with their respective families?

Not a formality and he will not be back soon. He will be denied and as said above, she will have to file a waiver for him to waiver 10 year ban he incurred. She should hire a lawyer.

[sachin1 42]

And hire good lawyer and yes do not leave until all options are out.

[scotty2009 13]

hi

unfortunately that is their fault, he wasn't qualified to adjust status in the US, he has a 10 year ban which he must file a waiver to overcome the ban and he will have his interview in his country

He doesn't need to leave now, they have to send the i824 to move the case to NVC or National visa center, where they will pay the forms for consular processing in his country, it is a different process

they will pay the forms and mail the waiver, i601A waiver and she has to file the hardship letter

she needs to prove extreme hardship, how she would feel if he could never return and why she couldn't live in his country

after the waiver is approved, if approved, they can continue the NVC process and have his interview in his country

they did the wrong process

she only was allowed to send the i130 and the two G325A

and if they have a lawyer, he should be fired. so tell them, to not leave, or he will have to wait months, over there, they have to start another process, the only thing that they can salvage is the i130 that needs to be sent to the National Visa Center, because they have to start the consular processing.

until he has an interview date at the embassy or consulate in his country, he shouldn't leave, it could take close to a year

Thanks so much, Aleful.

The undocumented husband is set to go back to his home country in 2 weeks, and my friend told me that he does have an interview appointment (for his greencard) back in his home country. The sponsoring USC will not have any financial hardships, as she earns way more than the poverty line for 5 to 6 heads. The undocumented husband, to be honest, is a financial burden to her, as he mostly does not work & doesn't seem to have any problems with that. When he does work, he finds his way towards worker's comp & unemployment benefits Given these, do you think he stands a chance to be granted to go back to the USA soon? Honestly, I am secretly hoping that the 10 years ban would get triggered, and that even if they have kids or despite the fact that she's pregnant, he wouldn't be allowed to set foot in US soil. He speaks badly about the gov't and USA at large at every chance he gets, anyway. He scares me, to be honest. There's more to it, but I know these info are not the main point of the discussion.

Not a formality and he will not be back soon. He will be denied and as said above, she will have to file a waiver for him to waiver 10 year ban he incurred. She should hire a lawyer.

Thanks. Even if he already has an appointment with US Embasssy/Consulate in Lebanon?

And hire good lawyer and yes do not leave until all options are out.

Thanks.

Edited March 22, 2015 by scotty2009

[aleful 1,905]

hi

not unless the waiver is presented with the hardship letter from his wife, once he leaves, he will trigger the 10 year ban by living here in the US for over a year

he will be denied and unless he overcomes the ban with an approved waiver, he will be banned for 10 years

[aleful 1,905]

hi

plus I don't know how he got an interview, he is missing the forms and payments, they are different from the ones used in adjustment of status

[scotty2009 13]

hi

plus I don't know how he got an interview, he is missing the forms and payments, they are different from the ones used in adjustment of status

Thanks again, aleful. Not sure as well exactly what the husband did. I just know what my friend, the wife knows. The husband is back in his home country now, and I was asking my friend if he had an approved waiver, she's clueless. She did file for hardship, though. Psychological. Before all these, she went to a a psych doctor and had sessions and used that as a proof of psychological hardship due to her husband's papers and having to leave the country.