DHS contridicting themselves!! HEEELPP!!!

[Cassandra V. 0]

My husband was deported in Feb 2009 for driving with the highlights on and came back and we hired an experienced immigration attorney and we began the the paperwork in may 2009 the lawyer said he was able to adjust status due to the 245i family act because he had an approved petition set by his grandfather in 1994 and can apply for waivers within the U.S. as a US citizen spouse benifit.

He has thus far recieved authorization to work in the U.S. has a valid social drivers license but for ONE year then it expires, commonly its given while you wait for youdr green card which is later obtained at the uscis interview.

In our last meeting with our attourney they brought to our attention that DHS is secretly telling interviewers to deny ALL waivers, NO EXCEPTIONS.

Essentially, what is happening is that they send you the notice for the meeting for further review and when they see you had a prior deportation they call in US customs to detain the person being petioned for and deport him\her.

THIS HAS ME TREMENDOUSLY WORRIED.

I have no idea what to do our date for the interview is August 2009

The lawyers have a plan but its not very secure.

again, under 245i an alien with a us citizen family member who is in the us unlawfully and entered illegally can adjust status but dhs is trying to go against the set law!

any ideas out there?!!!

please help asap!!! i love him so much!!!!!!!!!

[canadian_wife 1,822]

I'm just a bit confused. If DHS is secretly telling interviewers to deny waivers, then how does your lawyer know about it?

Do you think this might be a ploy of your lawyer to scare you? Although I have no idea what benefits your lawyers gets out of this.

You say your husband 'came back' after he was deported, how did he come back?

What are your options? Abandon the interview and your husband never becomes legal? Are there other options for you that your lawyer has?

Good luck.

[Cassandra V. 0]

I'm just a bit confused. If DHS is secretly telling interviewers to deny waivers, then how does your lawyer know about it?

Do you think this might be a ploy of your lawyer to scare you? Although I have no idea what benefits your lawyers gets out of this.

You say your husband 'came back' after he was deported, how did he come back?

What are your options? Abandon the interview and your husband never becomes legal? Are there other options for you that your lawyer has?

Good luck.

sorry for not clarifying

he got deported in jan 2009

he returned illegally in feb 2009

i dont mean literally secretly, DHS just started doing this without notice to anyone leaving me and many others in limbo

my lawyers are very good and i believe they have my best interest i have cheacked them with the state bar and know they are not scammers.

the reason my lawyers know is because another client of theirs has a similar situation but had the interview earlier and that is what happened to him.

By no means is my husband a criminal or has any criminal record, he simply was brought here as an infant and has known this country as his home. He applied for AOS in 1994 when he was 5 and had been waiting for the interview for 17 years but it still hadnt gone through so now im trying to immigrate him here.

[canadian_wife 1,822]

If he applied for AOS why was he deported?

If you have an experienced immigration attorney advising you on what to do, I am not sure what else we can offer you. I wouldn't apply your lawyer's other client's experience to yours, you don't know what the circumstances were with them.

Good luck.

[Brian&Naty 0]

My husband was deported in Feb 2009 for driving with the highlights on and came back and we hired an experienced immigration attorney and we began the the paperwork in may 2009 the lawyer said he was able to adjust status due to the 245i family act because he had an approved petition set by his grandfather in 1994 and can apply for waivers within the U.S. as a US citizen spouse benifit.

He has thus far recieved authorization to work in the U.S. has a valid social drivers license but for ONE year then it expires, commonly its given while you wait for youdr green card which is later obtained at the uscis interview.

In our last meeting with our attourney they brought to our attention that DHS is secretly telling interviewers to deny ALL waivers, NO EXCEPTIONS.

Essentially, what is happening is that they send you the notice for the meeting for further review and when they see you had a prior deportation they call in US customs to detain the person being petioned for and deport him\her.

THIS HAS ME TREMENDOUSLY WORRIED.

I have no idea what to do our date for the interview is August 2009

The lawyers have a plan but its not very secure.

again, under 245i an alien with a us citizen family member who is in the us unlawfully and entered illegally can adjust status but dhs is trying to go against the set law!

any ideas out there?!!!

please help asap!!! i love him so much!!!!!!!!!

Has your "lawyer" been retained by you with $$$$ or was this part of the pitch to be retained? I always question the motivations of people telling me things.

[anitacastillo 0]

I don't think him returning illegally is helping his case.

IMO, It would be more appropriate to file for him to remain in Mexico and you file a spousal visa and request a waiver.

[Cassandra V. 0]

i can see with all this confussion that im terrible at explaining this.

in 1994 when he originally applied for AOS, when he was 5 years old, his grandfather was only a resident so after years of waiting (17 years) he "aged out" which means that the petition for people under 18 expires when they turn 21.

So in september of 2008 we got our marraige license and made plans for a big beautiful traditional catholic wedding right after the holidays. Well he got deported in january before we were married. So now were married and my number one priority is for him to remain with me here llegaly....

the 245i law or FAMILY ACT of 2001 was created for these circumstances where an immediate family member of a US citizen who is or entered illegaly can obtain AOS through waivers and paying fines... its just more lengthly and costly.

Recently, after my petition for him was sent in andafter it began being processed, DHS is attempting to eliminate the 245i benefit by telling field agents such as those that conduct the interview to deny all waivers regardless of the law.

I have a copy of DHS memo and yes it is legit.

I just want to know if anyone out there has heard of it happening in their areas and possibly alert them.

The only thing that stands between our life together is getting those waivers approved, which DHS is wrongly denying.

[JimVaPhuong 4,863]

i can see with all this confussion that im terrible at explaining this.

in 1994 when he originally applied for AOS, when he was 5 years old, his grandfather was only a resident so after years of waiting (17 years) he "aged out" which means that the petition for people under 18 expires when they turn 21.

So in september of 2008 we got our marraige license and made plans for a big beautiful traditional catholic wedding right after the holidays. Well he got deported in january before we were married. So now were married and my number one priority is for him to remain with me here llegaly....

the 245i law or FAMILY ACT of 2001 was created for these circumstances where an immediate family member of a US citizen who is or entered illegaly can obtain AOS through waivers and paying fines... its just more lengthly and costly.

Recently, after my petition for him was sent in andafter it began being processed, DHS is attempting to eliminate the 245i benefit by telling field agents such as those that conduct the interview to deny all waivers regardless of the law.

I have a copy of DHS memo and yes it is legit.

I just want to know if anyone out there has heard of it happening in their areas and possibly alert them.

The only thing that stands between our life together is getting those waivers approved, which DHS is wrongly denying.

How the heck did his grandfather file a petition for him? Even a US citizen can't sponsor their grandchildren.

[Surf2Salsa 0]

#1:

I could be very wrong, but I was under the impression that the act expired April 30, 2001. You can not file after that date and still be qualified for the extension.

#2:

Right from the USCIS web site on Family Based Immigrants

Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration.

And #3: Your husband may be in additional trouble.

The basic statutory maximum penalty for reentry after deportation is a fine under title 18, imprisonment for not more than 2 years, or both. However, with regard to an alien whose "removal" was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), the statutory maximum term of imprisonment is 10 years. Moreover, if deportation was subsequent to conviction for an aggravated felony, the statutory maximum term of imprisonment is 20 years.

I think you may have been very misinformed.

[JimVaPhuong 4,863]

#1:

I could be very wrong, but I was under the impression that the act expired April 30, 2001. You can not file after that date and still be qualified for the extension.

I think she, and presumably her attorney, are talking about the original petition which she says was filed by his grandfather in 1994. Presuming that there was a valid immigration petition already approved, the AOS petition filed in 1994 would be covered by the act.

Like you say, I'm still confused how his grandfather petitioned him.

[Surf2Salsa 0]

#1:

I could be very wrong, but I was under the impression that the act expired April 30, 2001. You can not file after that date and still be qualified for the extension.

I think she, and presumably her attorney, are talking about the original petition which she says was filed by his grandfather in 1994. Presuming that there was a valid immigration petition already approved, the AOS petition filed in 1994 would be covered by the act.

Like you say, I'm still confused how his grandfather petitioned him.

I still think the act applies if you were married before 4/30/2001, they just got married, and they married after he was deported.

[JimVaPhuong 4,863]

#1:

I could be very wrong, but I was under the impression that the act expired April 30, 2001. You can not file after that date and still be qualified for the extension.

I think she, and presumably her attorney, are talking about the original petition which she says was filed by his grandfather in 1994. Presuming that there was a valid immigration petition already approved, the AOS petition filed in 1994 would be covered by the act.

Like you say, I'm still confused how his grandfather petitioned him.

I still think the act applies if you were married before 4/30/2001, they just got married, and they married after he was deported.

When the marriage took place wouldn't make much difference. It's when the AOS petition was submitted, and yes - it must have been submitted before April 30, 2001. I think she's pinning her hopes on the AOS petition that was submitted in 1994, and not the one she submitted. Obviously 245i does not apply to her petition. I'm thinking the deportation pretty much nullified his chances of get ANY benefit from the 1994 petition, and he re-entered without inspection since then. I wouldn't want to bet on his chances of successfully adjusting status now...

[Kathryn41 3,205]

Inappropriate post has been removed

[emt103c 10]

Okay, your attorney is an idiot and is stringing you along. If your husband entered the first time and overstayed more than a year, which it appears he did, and then was deported, which he was, and then entered again illegally, he is not eligible to file a waiver and never was. The attorney probably knew this, is blaming it on DHS and KNOWS that your spouse WILL BE deported at the interview without even seeing a judge. It is called reinstatement of a deportation order.

The part of the law that says this is INA 212 9c. You can read all about it and others in the same situation at www.immigrate2us.net

[Cassandra V. 0]

His grandfather petitioned for his daughter, my husbands mother, which in the package included him.

He has an approved petition from 1994 and covers him under 245i.

we both has perferred he had not entered illegally but the lawyers said it would be faster and easier to adjust in the US rather then JUAREZ mexico.

The lawyers warned us of the interview, and gave me a copy of DHS memo thats dated JUNE 2009.

please just pray for us.