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Myfam1st

Our journey, although not over yet

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Hi, 

I'm posting our journey, even though is not over yet, in hopes that it will help someone, as I have looked in this forum for the past 3 years looking for information that could help us and have been very grateful for the people that have posted their journeys. 

I'm the petitioner, a US citizen. My husband is Honduran. He entered the US without inspection in 2004 and remained until 2021. In 2005, he did not show for his deportation court because he did not receive the NTA and was ordered deported in absentia. He remained in the US. We met in 2011 and got married in 2013. I-130 was approved in 2017; I-212 and I-601A were approved in 2018 and 2020 respectively. He travelled from the US to Honduras in September 2021 as interview was set for October 2021. His visa was denied at the interview under INA (212)(a)(6)(B) because he failed to appear to his deportation court in 2005, placing the 5-year bar that has no waiver. In July 2022, our attorney filed for prosecutorial discretion to dismiss my husband's deportation order, which the IJ granted in January 2023. In February 2023, our attorney requested a reconsideration to the embassy with the new dismissed deportation order. in March 2023, the embassy reiterated that my husband had to remained outside the US for 5 years for not attending immigration court, he needed to apply for an I-601 for being unlawfully present (which had been waived with the I-601A), and he also needed to apply for an I-212 to request consent to re-apply (which had been approved  and sent to Tegucigalpa since 2018). Our attorney then contacted LegalNet in February 2024 and requested a review of the consular decision. As far as I know, we have not received and answer from LegalNet yet; but last September we received an email from the consulate requesting my husband to obtain the medical exam, police record and update DS-260 and to email them back when we had all the documents to schedule a re-oath appointment. We have gathered everything and notify the embassy as of last week. How long will it take the embassy to schedule the appointment? Does this mean that he will get his visa this time?

Thank you very much for your help. I hope this helps someone going through the same. God bless. 

 

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