Ready to move back to USA

[yellow_green 0]

Hello all, 

I am summarizing important dates and milestones below so that you can have a complete picture. 
Just for some context, I am a US citizen (born and raised here).

 

·        Feb 2014: Got married and applied for wife's green card

·        Oct 2014: Wife arrived in the US

·        Aug 2016: Wife left the US due to a dispute in the relationship; during this time she was also pregnant. 

·        Late 2016: Wife's green card expired

·        May 2017: Daughter born in Pakistan, now a dual national with Pakistani and US passports

·        Late 2017: I moved to Dubai and my family joined me there from Pakistan. Since then, we are living a very happy married life. Our daughter is almost 6 years now and one more baby is on its way soon.

·        Dec 2018: Received letter from USCIS stating that conditional permanent residence status was terminated (please see the attached picture)

·        Jan 2018: Hired lawyer who found out that there is a removal order in wife's name. This is probably because USCIS thought that my wife is in USA and not appearing for her biometric testing. Hence, a removal order was issued at that time. However, my wife had already left the US in late 2016. I am attaching my last communication with that lawyer as a PDF with this email. No further communication with after this.

·        Present: We are ready to move back to the US after the birth of our second child.

·        End 2024: Plan to move back to the US

I have two important questions now:

1) I am about to start the process of i-130 again. Do I need to mention entire details of the previous application, and explained what happened between 2014 and 2018? 

2) What should I be doing with that removal order?  

I am hoping that by talking to you guys over here, I can at least get some clarity regarding what should be my next steps. In the meantime, I am also trying my best to reach out to the previous lawyer but so far he has completely ghosted me. Anyway, do you guys think that my first step should be to start wife's green card application? 

Any kind of feedback, or if you have any follow up question, please let me know as I am really looking forward to get some piece of advice from here. 

Thanks

 

Last communication with Lawyer.pdf

[powerpuff 6,685]

~~ Topic moved from Bringing Family members (besides spouses) of US citizens to America to CR1/IR1 spousal visa forum as this will be an IR1 case ~~

[Dashinka 24,480]

I am not entirely certain, but you may want to file an I407 relinquishing her first GC.  That may clear up the removal order issue.

 

Good Luck!

Edited March 6, 2023 by Dashinka

[pushbrk 12,870]

Just start over and tell the truth. If you wish to return to the USA in 2024, file the I-130 now.  As for explanation, keep it brief.  No need to "justify".  Just give the dates and events.  You filed, the visa was issued, then she left.  They already know the rest.  That you have a child with US passport and have been together again for several years, is the key to your success this time.  

[Family 3,988]

2 hours ago, yellow_green said:

am about to start the process of i-130 again. Do I need to mention entire details of the previous application, and explained what happened between 2014 and 2018? 

2) What should I be doing with that removal order?  

I am hoping that by talking to you guys over here, I can at least get some clarity regarding what should be my next steps. In the meantime, I am also trying my best to reach out to the previous lawyer but so far he has completely ghosted me. Anyway, do you guys think that my first step should be to start wife's green card application? 

The emails with your attorney Aman U. Khan ( Texas Sate Bar License) clearly show he likely had you pay for something he referred to as “ termination” of deportation…odd choice of words by an attorney. He could not file a MTR/ Motion to  Open because she is outside the US..so not sure what he promised/ discussed or wrote in his retainer/ contract.

 

I know in the end he did a FOIA and that bit of his retainer, he earned..but anything else is very dubious.

 

Your wife’s I-751 was denied for abandonment ( she had already left US) as she did not show up to fingerprinting. She was then issued an NTA and has an In Absentia Order of Removal.

 

Your next steps are as follows ( and should have been what the attorney needed to do).

1. File I-130 and once approved 

2. File I-212 

**At all stages disclose ALL info for her previous LPR status and newfound In Absentia Deport Order**

Because she left prior to IJ order, and can prove it with her passport stamps and airline tickets, you won’t have any difficulty…

 

File a complaint with Texas State Bar for that attorney, as he seems to advertise as a “global” international immigration attorney and I doubt you are the first ghosted client. 

 

 

[Family 3,988]

2 hours ago, Dashinka said:

I am not entirely certain, but you may want to file an I407 relinquishing her first GC.  That may clear up the removal order issue.

No need to relinquish ( no I-407) because the Immigration Judge already took that GC away by the Order of Removal In Absentia .

Normally not showing up for immigration court ( without good cause) will also disqualify them from I-212 ..but in OPs case , wife left prior to NTA and Order, so just a new I-130 and I-212 will get her back to US.

 

https://www.ilrc.org/sites/default/files/resources/i-212_advisory-final.pdf

If granted, the I-212 allows that person to seek admission to the United States even though they have not waited the required period of time after a removal.