Can you please help with my immigration problem. 7 Answers as of January 16, 2011

I filed I-130 visa petition on behalf my husband who was in removal proceedings and I-130 it is denied because of lack of evidences my husband last entered with B2 Visa in 2006 and he overstayed, we got married in New York in 05, 2008. In 09/2008 a removal proceedings have been deferred to permit adjudication of the instant I-130. The case therefore, was referred for an interview to be conducted in accordance with the procedure. The problem is when my husband filed his visa application for B2 visa in 2005 in us embassy this application was prepared by a travel agency who had monitored by error that my husband was married, so the cause for the denial of I-130 is this. Since the immigration officer told me that is already married to someone else. Now I have to file eoir-29.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Your question is too complicated to be answered in this forum. You should contact an immigration lawyer.
Answer Applies to: Florida
Replied: 1/16/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
An appeal to the Board of Immigration Appeals will need to highlight one essential point: that your husband was not previously married. What will need to happen is that a request will need to be made to the office of public records in the locality where your husband came from, asking for a certification that a search of the records turned out that your husband was never married. A certified statement by the travel agency that the statement on his B-2 form concerning his marital status was in error is possible, but likely not persuasive, since your husband would be held responsible for signing the form, complete with all errors. If your husband was married, it would be necessary to come up with whatever decree of divorce or annulment was issued in his country, to show that he was allowed to remarry you when he did. Otherwise he is barred from applying for legal residency. Your Form EOIR-29 has to be filed in 30 days. I hope that you are on the way to doing so, but you will have to make a complete appeal before ruled upon, with a brief on the issue (which is a long document arguing the law as applied to the facts of the case). If you have need of an attorney, please feel free to contact me for a consultation over the phone, or in person. Best to you.
Answer Applies to: California
Replied: 1/11/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
First obstacle to getting your husbands case approved is to resolve the issues with the I-130 and false claim on his B-2 application and hopefully try to delay the removal until favorably adjudicated. Even though it was prepared by a visa consultant he signed it and certified it was accurate so he will need to explain why he claimed he was married if he was not. Unfortunately visa services frequently pull these type of stunts as they know it is easier to get a B-2 if someone is leaving a spouse behind than if he applied as a single man. This may involve a waiver for misrepresentation. If he was in fact married then you will need to produce a certified divorce decree or if never divorced, have him get divorced and then re-marry you. What city are you in?

If you would like to discuss our taking over his case give us a call to set up a conference call. We do charge for consultations $350 per hour but fees paid for the consultation would then be a credit toward the fees for the case if we are retained to do further work.
Answer Applies to: California
Replied: 12/29/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Your husband should send a relative to the local civil registry in Mexico to get a letter indicating that a search has been made, but no marriage records are found.
Answer Applies to: California
Replied: 12/28/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Your case is not over yet. You should hire an attorney to help you with EOIR 29. Remember this is one last shot of yours. You cannot afford to screw it up. You are more than welcome to contact us with your specifics. Good luck!
Answer Applies to: Florida
Replied: 12/28/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    The burden is on you, the petitioner, to provide your marriage is legal. Since the USCIS has information leading them to believe your husband was previously married, you have to prove he was not married, or if he was the marriage was terminated before your got married. You should have retain an immigration attorney to represent you regarding this type of matter since it involves appealing the denial to the Board of Immigration Appeals.
    Answer Applies to: California
    Replied: 12/28/2010
    The Vega Law Firm
    The Vega Law Firm | Linda Vega
    You are permitted an appeal to the BIA . You must demonstrate the error. However, please consider hiring an attorney for the appeal. You are welcomed to call our office.
    Answer Applies to: Texas
    Replied: 12/28/2010
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