What are my chances?

[k man12 4]

Hi everyone, thanks for all the support you give in this forum.

I came to the USA in 1996 on F-1 visa, graduated from college in 2001. Married a usc in 2007. filed for AOS in 2009 but was denied because my wife was not available for the interview, she was locked-up at the time for drugs possession. She got a felony on her record.

In 2010 i got a letter to appear for a removal hearing but before i could appear i got news from my home country that my grandma who raised me was seriously ill and wanted to see me. So i left America before i could appear for the hearing, i was therefore ordered removed in absentia even though i had sent a letter to the immigration court stating that i had to leave the country and will not be able to attend the hearing.

After i arrived in my home country and saw my grandma who i hadnt seen in 15 years and who by Gods grace recovered, we got a lawyer who recommended that we start by trying to reopen my order of removal case on the grounds that i could not attend the hearing due to my grandmas illness.

Unfortunately, last week the motion to reopen was denied stating that since i was out of the country i didnt have a right to that particular motion.

Here is my question, what is the chance that i can qualify for a 212 waiver and/or 601? do you know of a good lawyer with waiver experience in the Dallas area?

What are the chances of getting approved for the i-130 after the first was denied on the basis of abandonment when my wife was locked-up?

Thank you.

[Penguin_ie 5,996]

Chances of getting a new I-130 approved are very good.

Chances of a waiver depend.... your wife would need to show extreme hardship if you are not with her in the USA, and why she cannot move to you.

[Julie y Pat 67]

Is there a chance the I-130 could have been approved even though the AOS was denied?

[k man12 4]

Is there a chance the I-130 could have been approved even though the AOS was denied?

Julie, i dont think the I-130 was approved because never got anything stating otherwise. I did get a denial which i think was for the AOS on the grounds of abandonment.

[Sandra G. 5,057]

You need to start all over. Your wife must file the I-130, once is approved submit the I-601 and I-212.It will take a while,prepare yourself.