Help with 601 and 212

[mcullins 0]

My husband was deported two weeks ago after being detained for 2 weeks. He was arrested at our I-130 interiew for a 1999 deportation order that he had no knowledge of. His diversity visa was denied due to a fraudulent document. It was not fraudulent but the US Embassy in Senegal said it was fake. The same attorney filed all the paperwork (diversity visa application and I-130 application and to adjust status) and said she had no knowledge of the notice to appear and all. My husband moved from New Jersey to Ohio in Feb of 99. The atty moved law firms in 2001. She should have got documentation of what was up but says she didn't. The arresting officer said they had documentation that my husband had not received the notice to appear. It had been returned. Someone has signed for the attys copy. Here I have a new local atty. He is filing a motion to reopen the 1999 case under inneffective council. My husband assured me that the document is real and he is gathering evidence back in Senegal. I have also been told by one person at USCIS that I need to file an I212 and another that I need I601. My atty is taking his sweet time and I want to know what really needs done, when, and how. He said we need to reopen the case and file both I212 and I601. I think I can prove hardship as I have 2 kids (not his biologically) that are emotionally attached to him and we share financial responsibilities (in short). Please help. Anyone been in these shoes?

[kitkat1 5]

My husband was deported two weeks ago after being detained for 2 weeks. He was arrested at our I-130 interiew for a 1999 deportation order that he had no knowledge of. His diversity visa was denied due to a fraudulent document. It was not fraudulent but the US Embassy in Senegal said it was fake. The same attorney filed all the paperwork (diversity visa application and I-130 application and to adjust status) and said she had no knowledge of the notice to appear and all. My husband moved from New Jersey to Ohio in Feb of 99. The atty moved law firms in 2001. She should have got documentation of what was up but says she didn't. The arresting officer said they had documentation that my husband had not received the notice to appear. It had been returned. Someone has signed for the attys copy. Here I have a new local atty. He is filing a motion to reopen the 1999 case under inneffective council. My husband assured me that the document is real and he is gathering evidence back in Senegal. I have also been told by one person at USCIS that I need to file an I212 and another that I need I601. My atty is taking his sweet time and I want to know what really needs done, when, and how. He said we need to reopen the case and file both I212 and I601. I think I can prove hardship as I have 2 kids (not his biologically) that are emotionally attached to him and we share financial responsibilities (in short). Please help. Anyone been in these shoes?

Your case is complicated and does appear to require both waivers as the 212 is for the deportation and 601 is for the supposedly fraudulent document. Two suggestions. 1) immigrate2us.net - many many people filing 601s and 212s who can offer assistance, support, and excellent examples of the types of hardship letters and documentation required to prove extreme hardship 2) visacentral.net - free immigration chats on Wednesday mornings 11:00 central time. The attorney, Laurel Scott, specializes in both waivers and offer phone consultations for $75.00 - a good place to start to clarify what is necessary and get some solid, experienced advice - she really knows her stuff and is a straight shooter.

Good luck.