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Kristenchipsan Newbie

Kristenchipsan   0

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Hello. My name is Kristen. My husband and I recently got married in May, but we have been together for 2 years and known eachother for 8. He has been in removal proceedings for the past 3 years, and our lawyer advised us to marry after we found out that is adopted daughter(not biological) wouldn't qualify him for cancellation of removal. We filed the I130 in July and got a receipt in August. His court date is set in March and our lawyer is hoping to get administrative closure so we can file the I601-A. Do you think we have a chance?

Here are some details:

I am a full time college student about to start my Masters

I do not speak spanish

He is from Mexico 

He entered illegally when he was 17.. He is now 34

I have been diagnosed with anxiety and depression and am about to start going to therapy

I could have acute asthma

I am my fathers only child

 

Emilio pays child support to his adopted daughter

He pays his taxes

He is in removal proceedings for a DUI that happened 4 years ago

He has completed MADD program

He attends AA meetings

The crime in his home state is high

 

Do you think we have a chance?

 

Any feedback would be appreciated. 

Thanks

 

 

maryLu Enthusiast

maryLu   58

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Filed: Other Country: Romania
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Posted (edited)

Congratulations on your marriage,  from the facts that you are listing, in my opinion looks like he needs a I601 and  maybe  an I 212  depending on how  the removal proceedings end.  I don;t think an I 601A is the correct waiver, due to the DUI. How many times did he cross? What type of documents did he used  when he crossed the border?Make sure you get a really competent lawyer, who can file the correct waiver and  has a lot of expertise in this area of immigration law.

 

Edited by maryLu
TBoneTX Grand Master

TBoneTX   45,498

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Filed: Citizen (apr) Country: Ecuador
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Posted

An unanswered duplicate thread has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Kristenchipsan Newbie

Kristenchipsan   0

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10 hours ago, maryLu said:

Congratulations on your marriage,  from the facts that you are listing, in my opinion looks like he needs a I601 and  maybe  an I 212  depending on how  the removal proceedings end.  I don;t think an I 601A is the correct waiver, due to the DUI. How many times did he cross? What type of documents did he used  when he crossed the border?Make sure you get a really competent lawyer, who can file the correct waiver and  has a lot of expertise in this area of immigration law.

 

Thank you! He is still here and we are in the process of everything. His court date is in March. We do have an immigration attorney. I guess I'm just looking for opinions on if we have a chance. He's only crossed once 17 years ago, and he didn't go through inspection. This is his final hearing. He's been in proceedings for 4 years. Do you think we have a chance without medical factors?

maryLu Enthusiast

maryLu   58

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Filed: Other Country: Romania
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Posted

I am not an attorney, so I don't want to give you false hope or to take away your hope, but from what I have researched approval rates for the waivers have gone up, and many cases got through. I wouldn't do a waiver without an attorney, a  good attorney. http://www.sarmientoimmigration.com/   This guy has a lot of success stories and great reviews, and offers free consultations.  I am waiting on a waiver myself. Best of luck.

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

An I-601A, if approved and accepted, waives the 10 year bar due to unlawful presence. With the information you've provided and typical approval rates, I would guess you have a good chance if you present the case well.

 

That said, the DUI may or may not be a CIMT depending on the actual circumstances involved. If so, this is an ineligibility requiring an I-601. An attorney may be able to provide insight as to the likelihood of it being considered a CIMT by the CO. The history of drinking may be considered a health risk requiring psychological evaluation, but given his clean record since and other actions, I think this will not be an issue in the end.

 

If he is removed from the US, he will need an I-212 as well.

 

It may be best to have the consultation with an immigration attorney with heavy experience in waiver cases. If an I-601 or I-212 is needed, those waivers can only be filed after the visa is refused and the inadmissibility are waivable.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Kristenchipsan Newbie

Kristenchipsan   0

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Posted
28 minutes ago, geowrian said:

An I-601A, if approved and accepted, waives the 10 year bar due to unlawful presence. With the information you've provided and typical approval rates, I would guess you have a good chance if you present the case well.

 

That said, the DUI may or may not be a CIMT depending on the actual circumstances involved. If so, this is an ineligibility requiring an I-601. An attorney may be able to provide insight as to the likelihood of it being considered a CIMT by the CO. The history of drinking may be considered a health risk requiring psychological evaluation, but given his clean record since and other actions, I think this will not be an issue in the end.

 

If he is removed from the US, he will need an I-212 as well.

 

It may be best to have the consultation with an immigration attorney with heavy experience in waiver cases. If an I-601 or I-212 is needed, those waivers can only be filed after the visa is refused and the inadmissibility are waivable.

 

Thank you for your reply. I do have an attorney, he has not said anything about an I-212.  We are hoping for an administrative closure outcome from his final hearing in march if our I-130 is approved before then.  If not my lawyer says we will ask for a motion to continue. I cannot find any reviews on my lawyer. So far, he seems knowledgable and helpful. However, he seems annoyed by all my questions.  My priority date for I-130 is in August and I checked processing times this morning and the Nebraska service center is just not processing January 9th applications. I asked my lawyer about this and he said that I cannot go by the statistics because our case is filed while in removal proceedings. I do not know if this means the processing will be longer or shorter. My judge is out of Memphis I also haven't been successful finding reviews or statistics on her. Do you know what price for a 601 waiver seems reasonable? He is only going to charge us 2500. I feel like this is not enough for him to work closely with us to provide a thorough preparation of the case.

Any information or knowledge is appreciated. 

Kristenchipsan Newbie

Kristenchipsan   0

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On 10/29/2017 at 11:18 PM, maryLu said:

Congratulations on your marriage,  from the facts that you are listing, in my opinion looks like he needs a I601 and  maybe  an I 212  depending on how  the removal proceedings end.  I don;t think an I 601A is the correct waiver, due to the DUI. How many times did he cross? What type of documents did he used  when he crossed the border?Make sure you get a really competent lawyer, who can file the correct waiver and  has a lot of expertise in this area of immigration law.

 

He only crossed once 17 years ago illegally without inspection. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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