DHS contridicting themselves!! HEEELPP!!!

[emt103c 10]

I know that you want to be hopeful, but he was deported. Once he was deported, that petition meant nothing. Once you are outside the country the petition is not able to be used.

Had he not been deported, he could have used a 245i petition. But once he was deported, he was eligible to file an I-212 and an I-601 (with same day adjudication in Mexico, by the way. . .there is nothing faster than that. . .) but when he reentered illegally after a deportation, that chance was gone. Please do a second consultation before you have him attend that interview. Consult with Laurel Scott. It will be the best money you've spent so far. He has two reasons that he does not qualify under 9c. The initial overstay with subsequent EWI and deportation with subsequent EWI. . .he will have to be outside the US for 10 years before he's eligible for a waiver. . .unless there is immigration reform.

[emt103c 10]

PLEASE do the second consultation before he goes to that interview. Your attorney should have NEVER told him to EWI again. I'm sorry this is happening to you.

[belinda63 3,038]

Never heard of an attorney advising anyone to do something illegal, I think this is unethical and could get him in trouble with the bar association.

You are pinning your hopes on a lost cause. You claim that because his grandfather filed for AOS for his mother, which included him as her minor child, and which was not approved prior to his aging out that he should still be considered as having a pending AOS.

When he reached 21 his AOS was finished, not denied just finished because he no longer met the qualifications, same as if he were in Mexico and his mother had applied for a visa.

The fact that he was deported while this AOS, as you incorrectly put it was pending, should prove to you that IF it was ever filed it no longer covered him.

The next question would be why was it pending for 17 years and no one followed up on it? Does he have proof that it was even filed?

Long and short, he was here illegally, you MIGHT have had a chance had you filed the AOS prior to his first removal but now that he is EWI after deportation I would send him to Mexico and wait the 10 years.

And I would file a very lengthy detailed complaint to the bar association about this attorney who advised him to return after deportation.