I 212 - Failure to Attend Removal Hearing

[Kris&Elias 0]

My husband and I recently filed our I 601 and I 212 and hardship letter/evidence with the embassy in El Salvador. The embassy accepted the waiver, fees, etc. (and right now it is a one year processing time so we are waiting). He entered the US illegally once and stayed over the alloted amount of days that he has a ban that we need the waivers for, also he was ordered deported. The problem is, he was ordered deported at a hearing he never attended....we didn't think that was a big deal at the time but have recently been hearing that a lot of latin american countries are enforcing the 212(a)(6) -

(B) Failure to Attend Removal hearing which is a 5 year bar without possibility of a waiver. Since they already accepted our waiver, our time and money are on the line. The clause under this ban says that if the hearing were missed for reasonable cause that it does not apply. My question, what is a good reasonable cause and how would one go about proving that? And really, to whom? (I was thinking about trying to prove reasonable cause because he wasn't aware of the hearing's date/time and sending it to be included with my waiver forms). Does anyone have experience, advice?????

Thank you.

[TracyTN 237]

Honestly in this situation, your best bet is to have an immigration attorney - at least a consultation with one if not one representing you going forward.

Catholic Charities provides this for little to no cost - check out your nearest branch. Or start with www.aila.org.