HELP PLEASE!! Need to know what is the best form to file so husband can come home.

[Transborderwife 4,666]

As well with 6 children hoping that you can find a suitable co sponsor

[Boiler 47,037]

That sounds very likely, difficult to fully comment without the full story.

[ParisHeart 19]

Criminal History?

How did he end up with VD.

Did you file an I 601A?

THE VD part trough me at first, now I know you mean Voluntary Departure.

Edited April 4, 2016 by ParisHeart

[Boiler 47,037]

Hello Aaron2020, my husband did a voluntary departure back to Mexico. And the judge did not put it on his record nor bar him.

So he ended up in Court, why?

[EM_Vandaveer 2,427]

Did you file an I-601A? We need more information, this is not a straight forward case. I also echo the question: how did he end up in immigration court to begn with?

[Alaska2012 462]

This isn't going to be as easy as you think. You say you don't have the money for a lawyer but an experienced immigration lawyer is just what you need. Time to start saving. Also....if you are tight on money, do you make enough to sponsor your husband? Or do you have a co-sponsor lined up?

[Darauocampo 1]

Now I am all full of different emotions. So here is the whole story. August 21,2015 husband was arrested for drunk driver. Sat in jail till September 29,2015. On August 23, 2015 ICE put a hold on him, which in or small town does not normally happen but since August 2015 on it has been happening like hot cakes. On September 29,2015, he was sentenced and the charge was a misdermenor and was to be released but because of the hold the jail could not release him. On September 30, 2015 immigration can and picked him up from our local jail where he was lodged and transported him to Calhoun County Jail. He said there until January 13, 2016. Seen the immigration judge 2x and was denied Cancelation of Removal. Decided on voluntary departure. Judge granted him VD with not being placed on his record and no bar. On January 13, 2016 a transporting officer picked up my husband and housed him in the Detroit holding center. On January 14,2016 he boarded the plane in Detroit back to Mexico. I filed the I-130 and have received the I-797. It stated that February 29,2016 they received my I-130. And here we are today. We have been married 10 years, have 6 kids, and yes I'm sure I will need a co-sponcer. So as it stands he has been gone 7 months and only roughly 3 months have been with paperwork started. So as much help would be greatful please. Thank you for everyone's help.

[Boiler 47,037]

Basically and you need to read up both on here and www.immigrate2US.net

He will go to the visa interview in say 9 months.

He has 2 issues, the DUI which is medical and the illegal presence.

As part of the medical examination they will no doubt address the DUI. Is he undergoing treatment, if not get him signed up asap.

The illegal presence means he will have a 10 year bar and will be refused a visa, he will be given the option of filing a waiver, I601, this goes to the Lockbox in the US, takes 6 months or so to process.

People do put together waivers themselves, not everybody can do it, sort of like an English Exam paper. A well prepared waiver has a high chance of success.

Is there anything else the could complicate matters?

[NigeriaorBust 4,087]

Has your husband ever had any other legal issue ( tickets or otherwise ? )

[Hypnos 6,579]

The IJ may not have given him a bar, but he already had an overstay bar which was triggered when he departed the US.

As Boiler said, he won't be here anytime soon (18 months - 2 years likely at a minimum) but there is a path. The illegal presence bar can be waived with a good I-601; the drunk driving would probably not be an issue.

You may wish to consult an experienced immigration attorney, since you don't seem overly prepared for the entire process as it stands right now.

[Shiobhan 235]

This case is doable , talk to your local legal aid for some assistance

because you care for 6 children by yourself, In the meantime please

have your man get into alcohol rehab now, it will be needed with a waiver,

very doable if there are no other legal issues & follow all payment

instructions from uscis, because the case now went to nvc

[Harmonia 211]

You should go to immigrate2us.net because that forum is dedicated to helping people with waivers or more complicated situations. 99% of posters here won't know what you're talking about because this forum is more for new immigrants who've never been here, or are just about to get married, recently married, etc.

As a few people stated, the basic format is:

1) I-130 is approved

2) interview in Ciudad Juarez at US consulate for a visa, where he'll be found ineligible and given a 10 year 9B ban for unlawful presence

3) you file a waiver proving extreme hardship if he isn't allowed to come back for 10 years AND prove why you can't live in Mexico with him for 10 years (the duration of the ban). This takes about 4-6 months for approval. If its denied, you can try, try again as many times as you like.

4) 2nd interview in Ciudad Juarez at which point he'll get approved (with waiver in hand) and be able to return

All told, this will be about 1 1/2-2 years because the I-130 will take awhile. I really encourage you to read through all the information about waivers because it isn't just a form to fill out.

You said you don't have money for an attorney. Did you have an attorney when you tried for his cancellation of removal? You need to do some consultations with attorneys. Many will do a 20-30 min consult for free over the phone. Immigration is federal law so you can use an attorney anywhere, not just Detroit. You can't afford *not* to because you really need to plan your next steps to reunite your family.