I need so help and clarification on this !PLEASE!

[mcullins 0]

I've been told so many different things! Who do I believe? I've been to 3 attorneys, the USCIS office, USCIS on the phone, and spent hours on the internet. Please help.

My husband was deported 2 weeks ago to Senegal due to a 12-1999 deportation order. He was arrested at USCIS at our I-130 & aos interview. He was ordered deported b/c of a fraudulent document (fake high school diploma with diversity visa application). He and his atty (in NY) both say that they never got a notice to appear. He moved from New Jersey to Ohio 2-1999. The same atty filed his DV application in 99 and our I130 and AOS in 2006. My husband says the document is not fake. The atty filed his college diploma instead of his high school diploma. He says he has documentation to prove it.

Before he was deported my new local attorney said that we needed to reopen his 1999 case due to ineffective council. Now that he was deported the atty still wants to file a motion to reopen and wants $700 more. It has still not been done. The atty is slow and we are still waiting for my husbands affadavit to be signed and returned from Senegal. I've been told by different people that the case cannot be reopened, it can be reopened, the 10 year bar will be no longer if opened, the 10 year bar will still be in effect if reopened. I've also been told to try to reopen the case and file I601 and I212. I've been told to only file I601 and I212.

I am a USC and I was told by USCIS local ofice that our I-130 approval letter should be in the mail this week.

Please, Please someone has to have been through this before. What do I do?

[sheraz 0]

Sorry to hear about your case. It must be very very stressful. Reopening the case or filing an appeal either one will take several months to year. The safest option will be be to file for a waiver. But before you do that use the infopass

[mcullins 0]

infopass for what?? is this to schedule an appt at USCIS? what would I do there before filing I601 and I212? Sorry I don't understand.

Are you suggesting the waivers due to time b/c they are a shorter wait? Do you know if the case is reopened if the 10 year ban is still in place or not?

Thanks for helping.

[new orleans bound 0]

mcullins,

Very sorry to read about your case and situation. You are in a difficult and stress situation, as are most in this section. We are going through something similar to you in varing degrees. Therefore, not wanting to miss-inform you so my only suggestion will be to do a google search for Laural Scott. She is an immigration Lawyer who deals with filing waivers. This is her speciality, if my memory serves me right, she had to file a waiver for her husband. She will probably be the best person to offer you any sound information/ advice on your perticular situation.

I used an immigration lawyer but that hasn't helped me any either becasue the lawyer I have is use to dealing with work originated visas. I hope this bit of information helps.

[Boiler 45,516]

Seems a case ofmisrepresentation.

Laurel Scott often posts on www.immigrate2us.net, plenty of information on waivers there.

Edited August 10, 2006 by Boiler

[mcullins 0]

Thanks. I will schedule a phone conference with her. I think the info will we worth the $$. I have heard her name several times. I'm not so worried on writing the waivers, as I have been researching them. I just need to know which route to follow 1. reopen 1999 case and file I601 2. file I212 and I 601. My atty wants to do all. But I'm not 100% confident in him as on the day of his arrest he told me he would have my husband out of jail in 3 days to a week and 2 weeks later he was deported.

[desert_fox 32]

what you need to do is get a competent attorney this time...certified for immigration.

he had a removal order...period. You cannot file for benefits while a person is under removal proceedings.

Are you sure this guy was even an attorney??

[mcullins 0]

Desert Fox: Our attorney said that she didn't know that he was in removal proceedings. My husband had moved. He told his atty his new address and phone. He stayed in contact with her. She never filed a change of address with INS. He never got a notice to appear. The arresting officer even said that they were all returned. It was in his file. His atty was from New York and is an atty. Obviously she's not a very good one. The guy we have now is local. We live in Ohio. I'm not really confident in him either that's why I wanted some advice from people who have been through this before.

Do you know where to go from here? Whether to reopen the 1999 case or just file I601 and I212?

Thanks.

[new orleans bound 0]

mcullins,

that's what desert fox and I are saying. Contact Laurel Scott as she deals with these types of matters and she'll be able to help you decide what route to take. I'm sure that you will have to deal with the 1999 incident before you can do anything else. But she's probably you're best bet. I'm guessing here but you might be told to reopen the 1999 case and file a waiver.

Edited August 11, 2006 by new orleans bound

[desert_fox 32]

You need a competent attorney that is certified by his state bar as a specialist in immigration matters, if your state bar offers such certification. Dont go to some general family lawyer.

They didnt acknowlege a properly sent change of address?? wait I understand....they didnt bother to notify the USCIS....hmm......you sure that this was an attorney??

Edited August 12, 2006 by desert_fox

[mcullins 0]

Both attys, the one from NY and the one from Ohio, said they specialize in immigration cases and advertise that on their websites. I guess my mistake was to take what they said as the truth and I didn't check further into what they said. Red flags should have been that I got the run around on many questions I asked and how long it took to get anything done. I have a new atty in Columbus that has been able to answer all my questions and I think she will do a better job. I'm just sorry it has taken 6 weeks to finally get some answers and an action plan. Thanks for your help.