What do I do now??

[gigis 0]

Here's what happened: my husband came to the US in 1985 on tourist visa and overstayed. Was married twice and has for children (all US citizenz). Applied in 2003 for permanent residency due to insufficent evidence and appealed in 2004, but denied again -his counsel failed to showing evidence of continual presence. So removal proceedings began-final order of removal 2006. Come 2008, husband had divorced and married US citizen wife (me!). We get an attorney to file a motion to reopen based on change of circumstances (marriage to USC) but that was denied b/c the time limitation to file appeal had run out (husband said he was not aware he could appeal). We file petition i130 in 2009 and AOS in 2010. Well after getting approved on the petition, clearing the biometric, and even recieving an interview notice, now we've been notified that our interview has been canceled and our AOS petition has been denied due to the previous removal order. My husband is the sole provider for our family and to send him back to his country would devastate our family emotionally, financially and physically. What can we do now? Is too late to appeal on his previous case and show husband had continual presence and has been a model citizen for the 24 yrs he's been here; that his counsel was insufficent and cause unfair judgement against him?

[bigdog 376]

see an attorney.

[Tim/Mav 305]

see an attorney.

I agree. Its to much!

You Need a Immigration Law Attorney that Focuses on REMOVAL DEFENSE. Pay for a Consultant Fee first. Your case is complicated.

[Darnell 8,478]

a model citizen of what country? I'm sorry, that's just wrong, if for USA.

Suggest you plan to move back with him to Trinidad and Tobago, prior to the deportation date.

But hey - this is a hard case, yes?

Study a bit over at immigrate2us.net soonish.

[Anh map 2,098]

The bad lawyer argument is weak. And won't win any sympathy with USCIS going forward.

The removal order is not something to be ignored. Judges don't take to kindly to that.

You need to find a qualified, experienced immigration attorney. And be sure to monitor/control the process. The attorney's life isn't going to change if the outcome does not go the way you want, but your's will.

[Penguin_ie 5,993]

Another vote for a lawyer here, and an experienced one. Yes, it is expensive, but it is your only chance. Immigration law has changed significantly several times since your husband entered the country, there have been amnesties etc, so there may be a loophole for him to stay, but it is beyond a self-help site like VJ.