Approval after being deported in 2006 ?

[LoveMyTico 999]

My husband was here illegally for just about 2 years. To make along story short, he was arrested because there was an immigration warrant.

He wasn't doing anything illegal when he was picked up. (aside from the obvious of being here illegally) He was detained at York county Prison in York, PA for just about a month. Then they sent him back.

I would have married him here and alot sooner if I knew he was going to get deported. April 1st 2007, he told me he wanted to marry me one year from that day !! He was taken away (July 07) and all I could do was visit him every weekend until he was flown home. ( aug 07 ) I flew to Costa Rica and married him in Nov 07.

My situation is that I am not able to move out of the country due to a custody agreement with my ex-husband that says I must reside in a certain county/school district until my daughter graduates high school. ( in 10 more years) My daughter was also diagnosed with a brain tumor AUG 06. She is now treated at Children's Hospital of Philadelphia. Which happens to be one of the best Children's hospitals in the country. I need my husband here to support me emotionally and financially. It is very difficult for me to travel back and forth to see him with things the way they are.

I retained an immigration attorney because of the deportation. He has been wonderful. He hasn't held up any paperwork and always answers my questions. We plan on filing a hardship waiver when we go to the interview. The attorney was referred to me by a comany attorney. When I researched him, I found out he was voted best Immigration attorney in Philadelphia Magazine. I was very weary about hiring an attorney but I know the deportation might pose a problem and I didn't think I should deal with that myself.

I was just wondering if anyone knows of anyone who has similar circumstances. And what was the outcome? The attorney told me the deportation shouldn't be a problem due to the fact that he has never been in trouble with the law beside this.

I worry because my husband is 13 years younger than me. It is a real relationship. We were together before he was deported. When he was taken away from me I was devastated. After getting hit with my daughters diagnosis, it was so hard to lose him too . Now, my heart is breaking because I can't be with him. It is a huge hassle financially to fly to Costa Rica and see him. I am holding my breath hoping this goes smooth.

Any input is appreciated.

[payxibka 10,047]

he will be refused a visa at interview... you will then submit a waiver request... if approved then he will be issued a visa... understand the waiver process in CR and good luck..

moving from K-1 to waivers

Edited January 1, 2009 by payxibka

[diadromous mermaid 36]

He incurred a 10 year bar to admissibility when he was removed. You'll need to file a hardship waiver to try to overcome that. Naturally, your child and her recently diagnosed sickeness would be a compelling reason for you not to be able to move to Costa Rica. Have a wander around http://www.immigrate2us.net and read the waiver forums carefully.

.

My husband was here illegally for just about 2 years. To make along story short, he was arrested because there was an immigration warrant.

He wasn't doing anything illegal when he was picked up. (aside from the obvious of being here illegally) He was detained at York county Prison in York, PA for just about a month. Then they sent him back.

I would have married him here and alot sooner if I knew he was going to get deported. April 1st 2007, he told me he wanted to marry me one year from that day !! He was taken away (July 07) and all I could do was visit him every weekend until he was flown home. ( aug 07 ) I flew to Costa Rica and married him in Nov 07.

My situation is that I am not able to move out of the country due to a custody agreement with my ex-husband that says I must reside in a certain county/school district until my daughter graduates high school. ( in 10 more years) My daughter was also diagnosed with a brain tumor AUG 06. She is now treated at Children's Hospital of Philadelphia. Which happens to be one of the best Children's hospitals in the country. I need my husband here to support me emotionally and financially. It is very difficult for me to travel back and forth to see him with things the way they are.

I retained an immigration attorney because of the deportation. He has been wonderful. He hasn't held up any paperwork and always answers my questions. We plan on filing a hardship waiver when we go to the interview. The attorney was referred to me by a comany attorney. When I researched him, I found out he was voted best Immigration attorney in Philadelphia Magazine. I was very weary about hiring an attorney but I know the deportation might pose a problem and I didn't think I should deal with that myself.

I was just wondering if anyone knows of anyone who has similar circumstances. And what was the outcome? The attorney told me the deportation shouldn't be a problem due to the fact that he has never been in trouble with the law beside this.

I worry because my husband is 13 years younger than me. It is a real relationship. We were together before he was deported. When he was taken away from me I was devastated. After getting hit with my daughters diagnosis, it was so hard to lose him too . Now, my heart is breaking because I can't be with him. It is a huge hassle financially to fly to Costa Rica and see him. I am holding my breath hoping this goes smooth.

Any input is appreciated.

[LoveMyTico 999]

Does anybody know how long it takes to get a waiver approval after the interview?

[LoveMyTico 999]

I know a girl who's husband was here illegally. They were married here for 5 years before he was asked to leave. He had SEVERAL drug charges, DUI's and domestic abuse arrests under his belt. He went back to Guatemala. His wife petitioned with an I-130. They were approved and are now in the VISA process.

Their interview was here, which I thought was crazy. The beneficary didn't even have to attend.

My husband has never had any charges against him here or in Costa Rica

I am hoping they see that my husband is a good person. We just want to be together.

[diadromous mermaid 36]

You are comparing apples and oranges. Their journey might be very different from yours. First, an interview held in the USA with USCIS is an interview connected with the I-130 petition, and has nothing to do with a visa. That interview is conducted in the country of the foreign-born and occurs later in the process.

I know a girl who's husband was here illegally. They were married here for 5 years before he was asked to leave. He had SEVERAL drug charges, DUI's and domestic abuse arrests under his belt. He went back to Guatemala. His wife petitioned with an I-130. They were approved and are now in the VISA process.

Their interview was here, which I thought was crazy. The beneficary didn't even have to attend.

My husband has never had any charges against him here or in Costa Rica

I am hoping they see that my husband is a good person. We just want to be together.

[emt103c 10]

All right, as someone else here said you need to go to www.immigrate2us.net that forum specializes in people in your same situation. When you get to the visa interview at the consulate, the visa will be denied and you will be asked to file the I-601 hardship waiver for the illegal presence and the I-212 for Permission to Reapply after Deportation.

The waivers are an arduous process and there is a LOT, LOT, LOT of informaiton on I2US. . . Because of your daughter's treatment and your husband's relatively inocuous past (i.e. illegal presence with deportation only vs. criminal hx as you noted) I see no reason why you wouldn't be approved if you do a well documented waiver package. . .that will be your mission.

There are two very good attorneys that handle this type of case. It is their specialty. . .though it can be done without an attorney. DO NOT HIRE just any attorney. The wrong attorney can screw up a waiver package immensely.

www.visacentral.net and www.humanrightsattorney.com are two of the best.

In addition, because of your daughter's condition you will probably be able to get your case expedited at each step, though it will be difficult, it will be possible for you with the help of elected representatives.

www.senate.gov and www.house.gov to find the contact information on your reps. It will seem like a full time job, but you can do it.

Good luck!

Oh, and these forums are completely public. You might want to change your user name if that is your real name.

[spookyturtle 9,466]

Being voted best immigration lawyer by a magazine doesn't mean he has any experience with foreign filed waivers. You need to ask specific questions. How many foreign waivers has he filed? How many in Costa Rica? What is his sucess rate? The majority of immigration lawyers have little experience with foreign filed waivers. You want someone who specializes in this area. The links posted above by emt103c are two of the finest in the country. It may be worth your while to do a consult with either or both of them and compare their plans of attack to those of your current lawyer.