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Re:filing I-130form ; Need Some Advice On What To Do? Please

Re:filing I-130form ; Need Some Advice On What To Do? Please

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Old Apr 29th 2006, 11:37 pm
  #1  
Chineyprincess
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Default Re:filing I-130form ; Need Some Advice On What To Do? Please

Hi! I Would Like To Get Some Info On How What To Do Eiether Go Throuh
The Lawyer Or I Can Do It Myself. Let Me Give You The Background.

Im A Born U.s. Citizen 21 Years Old Single Mom

Basically, My Husband(23 Yrs Old) Came To The Us In April
2000 On A School Field Trip From Jamaica. In 2001, He Got A
Ride With His Friend To Go Home And Got Pulled Over. Cops
Found Ganja In His Friends Possession And Took Them Both To
Jail. My Husband Told The Cops He Just Got A Ride And Had
Nothing To Do With The Drugs. Well He Got A Lawyer And All
Charges Were Dropped And The Immigration Judge Granted Him
Voluntary Departure. He Left Before The September
11,2001deadline. His Record In The Us Is Clean From What The
Lawyer Who Dealt With Him Is Stating. But The Only Problem
Is He Might Have A 10 Year Bar Against Him. But It Can Be
Waived. We Got Married In April 2006 In Jamaica. And Im
Enlisted In The Army. I Know I File The I-130 And The Lawyer
Said I Have To File A Waiver To To Remove The Bar So He Can
Come Up. My Problem I Cant Find The Waiver Form Can You Help
Me? Someone Anyone. And Should I Have A Lawyer Deal With The
Case To Make It Approve Quicker Or I Can Do It?

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Old Apr 30th 2006, 12:45 am
  #2  
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Joined: Sep 2002
Posts: 16,266
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Default Re: filing I-130form ; Need Some Advice On What To Do? Please

Originally Posted by Chineyprincess
Hi! I Would Like To Get Some Info On How What To Do Eiether Go Throuh
The Lawyer Or I Can Do It Myself. Let Me Give You The Background.

Im A Born U.s. Citizen 21 Years Old Single Mom

Basically, My Husband(23 Yrs Old) Came To The Us In April
2000 On A School Field Trip From Jamaica. In 2001, He Got A
Ride With His Friend To Go Home And Got Pulled Over. Cops
Found Ganja In His Friends Possession And Took Them Both To
Jail. My Husband Told The Cops He Just Got A Ride And Had
Nothing To Do With The Drugs. Well He Got A Lawyer And All
Charges Were Dropped And The Immigration Judge Granted Him
Voluntary Departure. He Left Before The September
11,2001deadline. His Record In The Us Is Clean From What The
Lawyer Who Dealt With Him Is Stating. But The Only Problem
Is He Might Have A 10 Year Bar Against Him. But It Can Be
Waived. We Got Married In April 2006 In Jamaica. And Im
Enlisted In The Army. I Know I File The I-130 And The Lawyer
Said I Have To File A Waiver To To Remove The Bar So He Can
Come Up. My Problem I Cant Find The Waiver Form Can You Help
Me? Someone Anyone. And Should I Have A Lawyer Deal With The
Case To Make It Approve Quicker Or I Can Do It?

--
Posted via http://expatforums.com
Hi:

Calm down a bit.

First of all -- you don't give the exact day of his 2000 admission to the United States, how long he was admitted for, and the exact date of departure. The way you state the facts suggests a possiblity that he is NOT subject to a 10 year bar.

In any case, your first step is that I-130. You don't need a waiver for the I-130.

Once the I-130 is approved and he starts the visa process in Kingston, that is when the question of the bar and waiver come up. What happens is that the visa is denied and the waiver application taken.

This is a case that I suggest you obtain the services of a competent immigration lawyer -- there are landmines in here.
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Old Apr 30th 2006, 12:46 am
  #3  
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Default Re: filing I-130form ; Need Some Advice On What To Do? Please

Originally Posted by Chineyprincess
And Should I Have A Lawyer Deal With The
Case To Make It Approve Quicker Or I Can Do It?

--
Posted via http://expatforums.com
Hi,

Having a lawyer won't make the process quicker, but it certainly would help overcome any potential problems, and the lawyer could definitely point you in the right direction on forms and procedures. With your husband's past overstay and arrest, you might not want to handle this one on your own.

Best Wishes,
Rene
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