hopefulcitizen

Here is my story hopefully this is not one that has been posted...
I'm a US citizen and filed the i-130 and the i-129f
i got first notice for i-130
and NVC received and forwarded APPROVED application for i-129f to the consulate handling his counrty heres the problem
1995 my husband was deported for criminal offense that was dropped (dismissed) but he was taken by the INS after his release. Anyway its 1996 and he's being held in INS jail...the courts will herar his case but it would be another 8 months for him to go to court - so he signed a release waiving his right to a hearing and wanting to be deported instead of waiting for his court in jail, his family nor i did not have the bond money to bail him out at that time and he did not want to sit in INS any longer...anyway deported in 3/1996 - i followed him in 1997 married in 1998 - had a son in 2000. i filed his i-130 and i1129f 2004 - on each application/petition i provided A# and marked yes to once being in the US and deported.
anyway i got approval for i-129f - I provided all required documents and the i-134. his interview date is set to be next week ....
what are our chances on him being able to come back to the US? He will have to have an interview at a post Embassy. If the US approved his application does that mean anything? Or once the interview comes they will deny him?
I travelled back and forth with our child and i am financially stable in the US. Is there a chance they will allow him to come? Or i should've gotten a lawyr?
anyway i requested information on filing for permission to apply and both USCIS and the post embassy said it was not needed if it has been longer than 5 years since he was deported - it has its been almost 10 years. Does he have a chance? does he have a chance of coming since the US approved his i-129f petition - or that just means he can apply at post but at the end its the post that has the final....if anyone knows please tell me....

Jonathan McNeil Wong

hopefulcitizen wrote:
    > Here is my story hopefully this is not one that has been posted...
    > I'm a US citizen and filed the i-130 and the i-129f
    > i got first notice for i-130
    > and NVC received and forwarded APPROVED application for i-129f to the
    > consulate handling his counrty heres the problem
    > 1995 my husband was deported for criminal offense that was dropped
    > (dismissed) but he was taken by the INS after his release. Anyway its
    > 1996 and he's being held in INS jail...the courts will herar his case
    > but it would be another 8 months for him to go to court - so he signed a
    > release waiving his right to a hearing and wanting to be deported
    > instead of waiting for his court in jail, his family nor i did not have
    > the bond money to bail him out at that time and he did not want to sit
    > in INS any longer...anyway deported in 3/1996 - i followed him in 1997
    > married in 1998 - had a son in 2000. i filed his i-130 and i1129f 2004 -
    > on each application/petition i provided A# and marked yes to once being
    > in the US and deported.
    > anyway i got approval for i-129f - I provided all required documents and
    > the i-134. his interview date is set to be next week ....
    > what are our chances on him being able to come back to the US? He will
    > have to have an interview at a post Embassy. If the US approved his
    > application does that mean anything? Or once the interview comes they
    > will deny him?
    > I travelled back and forth with our child and i am financially stable in
    > the US. Is there a chance they will allow him to come? Or i should've
    > gotten a lawyr?
    > anyway i requested information on filing for permission to apply and
    > both USCIS and the post embassy said it was not needed if it has been
    > longer than 5 years since he was deported - it has its been almost 10
    > years. Does he have a chance? does he have a chance of coming since the
    > US approved his i-129f petition - or that just means he can apply at
    > post but at the end its the post that has the final....if anyone knows
    > please tell me....
    >


I think you need to talk to an immigration lawyer with experience in
criminal matters.

The biggest question is, what was the basis for the deportation. If the
criminal offense was dropped, then there was no conviction and criminal
inadmissibility would not apply -- so it would just be whether he had
served out the five year bar for a noncriminal deportation -- which it
appears he has. But if he defaulted in the criminal case and there was
a conviction, then there are inadmissibility issues.

Get all of the criminal records, all of the deportation records, and
talk to a lawyer.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
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