How does a US citizen bring his deported wife back?

[JimVaPhuong 4,863]

No, our I-130 was lost, when my husband called he was told we weren't in the system. Then i was deported, and after i wrote to ICE last summer they sent copies of letters they claim to have mailed us, saying we had an interview scheduled when i was already in jail.

Where was the interview scheduled? At the US consulate? You never should have had a consulate interview scheduled. Leaving the US to attend the interview would have triggered a 10 year ban. Your husband should have filed an I-485 along with the I-130 so that you could adjust status and get a green card without leaving the US. Even if you didn't have an attorney, the immigration judge should have asked you if you wanted to submit an I-485. They have a bullet list of things that could stop your deportation, and they usually go through the list item by item before they actually deport you.

What they told your husband over the phone is irrelevant. The customer service agents who answer the phone don't know what they're doing. If they did then they wouldn't be answering phones for a living.

For your own good, hire a competent immigration lawyer.

[Mrs. TommyG 0]

Where was the interview scheduled? At the US consulate? You never should have had a consulate interview scheduled. Leaving the US to attend the interview would have triggered a 10 year ban. Your husband should have filed an I-485 along with the I-130 so that you could adjust status and get a green card without leaving the US. Even if you didn't have an attorney, the immigration judge should have asked you if you wanted to submit an I-485. They have a bullet list of things that could stop your deportation, and they usually go through the list item by item before they actually deport you.

What they told your husband over the phone is irrelevant. The customer service agents who answer the phone don't know what they're doing. If they did then they wouldn't be answering phones for a living.

For your own good, hire a competent immigration lawyer.

I think it was California where we had to attend the interview, but regarless; we never received any of this mail and besides, how could i have attended the interview in November 2010 if since September 2010 i was in North Las Vegas Detention Center???

[Mrs. TommyG 0]

What does your Lawyer say, or for that matter your Husband?

My husband can't afford a lawyer right now. When i was in jail, the one lawyer he went to quoted him a figure of $8,000. That was before i got deported. So my husband hired this Pakistani chick, and she told him he had nothing to worry about, and then instead of Stay of Deportation she filed Motion to Reopen Case siting some mental problems which i never had and there was no paperwork to back it up with. Obviously, motion was denied. My husband gave her every penny he earned for the whole month and a half, and then when the motion was denied she wanted more money to appeal it, and it all happened because of her incompetence to begin with!

[Boiler 45,486]

Your Husband basically has 2 choices:

Educate himself about the process or save up for a Lawyer.

[aaron2020 11,651]

My husband can't afford a lawyer right now. When i was in jail, the one lawyer he went to quoted him a figure of $8,000. That was before i got deported. So my husband hired this Pakistani chick, and she told him he had nothing to worry about, and then instead of Stay of Deportation she filed Motion to Reopen Case siting some mental problems which i never had and there was no paperwork to back it up with. Obviously, motion was denied. My husband gave her every penny he earned for the whole month and a half, and then when the motion was denied she wanted more money to appeal it, and it all happened because of her incompetence to begin with!

Sorry about what happened to you, but your story will help other avoid the mistakes that you and your husband made.

Do not hire a "fixer." If you are facing something serious like a deportation, don't hire a "fixer" who promise that you have nothing to worry about. This person does not care about you. All he/she wants is money. Then when something goes wrong, he/she will ask for more money. (Sounds like a Nigerian scam to me.) In the end, you have no money and you are worse off then before. The "fixer" does not help. The "fixer" will hurt you.

Save your money and hire a lawyer when you have a complex situation. (Make sure you hire someone with experience and is honest. Lots of crooked lawyers out there too.)

Judge Milian on the People's Court has a great quote, "The cheap comes out expensive." You get what you pay for. The cheap route can end costing you a lot more than doing it the right way in the first place.