QUESTION
What steps do I need to take to get my husband back?
Asked on Jul 15th, 2013 on Immigration - New York
More details to this question:
In 2001, I am a US Citizen and I filed an I-130 petition for my husband. We waited for a approval and never received it. In 2008, he was caught speeding in Farmers Branch and ICE was called. He received a voluntary departure and went back that day. In 2010, I found out that his petition was approved. I have been talking to people but no one has been able to help me. I filed the petition before the Bush decline. Can anyone tell me what I need to do and how to do it. He did not get into any trouble besides speeding. We have a 7 year old that misses and needs his dad. Please help me!
4 ANSWERS
Adebola O. Asekun
Your case is very complex and will require the assistance of an attorney. You should try the bar association of the county where you live for pro bono legal representation. If they agree to take your case, you will be charged based on your income.
Answered on Jul 25th, 2013 at 1:58 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that you will need to file I-485 and supporting documents. You may also need to file a waiver.
Answered on Jul 25th, 2013 at 1:58 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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The procedure you are looking for is called a waiver of inadmissibility. Form I-601 and instructions are on-line at uscis.gov/forms. However, in good conscience, I cannot recommend that you attempt this application on your own: chances of approval are rather low even when the application and supporting documents are prepared by an attorney who knows exactly what and exactly how needs to be done; as a do-it-yourself project, it has almost zero probability of success.
Answered on Jul 25th, 2013 at 1:58 AM
I-130 is only a part of the entire petition. First you need to find out if I-130 is still valid, because it was forwarded to visa center. You need to call there and find out. If yes, you need to forward that visa available to the consulate of the country where he in for issuing the visa. You also need to file an affidavit of support. If they tell you that his visa has expired, you need to file all over again. I suggest you consult an attorney, because you really need help and something could come out of your efforts.
Answered on Jul 25th, 2013 at 1:58 AM