What is the fastest way to get my Mexican husband back to the US? 10 Answers as of July 15, 2013

In 2001, we got married and I filed the I-130 petition for him. It was approved in 2002 but we never received the approval letter. For the next 3 years, we were waiting for a decision. In 2007, we decided to find a lawyer. My husband was on a payment plan when he was sent back. Since he has been gone, I have been struggling taking care of myself and our sons. How do I get him back soon?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Why was he sent back? Was he covered/protected under 245i if you had filed on his behalf in 2001? Was the filing before April 30, 2001?
Answer Applies to: California
Replied: 7/15/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
From the information you provided, it looks like you would need to petition the government for a waiver of inadmissibility after deportation. If your I-130 petition was filed before April 30, 2001, your attorney might have a different way to approach the problem that will make better the chances of getting your husband back into the U.S. before the year 2018. But I don't think you can handle this case without a professional help.
Answer Applies to: New York
Replied: 7/8/2013
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The fact is that I simply don't understand how they went from an approved petition to removal so quickly. Usually, within a year is what it takes to deny an approved application as abandoned, indeed, such is only the case if the I-485 adjustment of status application is left separate from the original I-130 petition. You are left with a permanently approved petition, and a husband who was removed with no formal removal order from an immigration judge, which should not happen with an approved petition, especially if failure to deliver is done. You have an option through an application for removal of his inadmissibility under section 212 of the Immigration Act (INA).
Answer Applies to: California
Replied: 7/7/2013
Law Office of David Molot | David Molot
You would need to continue processing your Husband's case through the National Visa center in order for an interview to be scheduled at the local US Embassy in Mexico.
Answer Applies to: New York
Replied: 7/3/2013
Roberts Immigration Law Office, Ltd. | Susan M. Roberts
Immigration takes time. If you filed an I-130 petition on your husband's behalf, you should be able to get a duplicate copy of the Approval Notice from USCIS. Do you have the Receipt Notice? If so, you can check the status of the petition on line by going to http://www.uscis.gov/. Simply insert the USCIS Receipt Number into the box under the heading "Case Status". Then, click on the green box entitled "Check status". If you do not have the USCIS Receipt Notice, you may be able to check the back of the check you used to pay filing fees to see if the Receipt Number is printed on the back of it. You stated that your husband was sent back. The terms of his return may make it longer and harder for him to return. If he took voluntary departure, he will have no record of removal on his immigration history. However, if he was ordered removed, additional forms must be filed and additional filing fees must be paid. Typically, when you are sponsoring someone who has accrued unlawful presence in the U.S. (by being present in the U.S. without a visa or entering the U.S. without inspection), the immigration process is a two-step process. The first step is the filing of the relative petition that you have already filed. The second step involves your husband applying for his visa. If he accrued unlawful presence, he triggered a bar when he left the U.S. If he accrued more than 1 year of unlawful presence before he left the U.S., he triggered a 10-year bar. The good news is that it is waivable. However, the waiver application can only be filed after his application for an immigrant visa is denied at the consulate. Then, he must file his waiver application. In the waiver application, we must show hardship to a USC or permanent resident parent or spouse. You are experiencing that hardship right now. If he was ordered removed from the U.S., he will also have to file an application requesting permission to reenter the U.S. This will take time.
Answer Applies to: Minnesota
Replied: 7/3/2013
    Chavarro & Gorinshteyn, LLC
    Chavarro & Gorinshteyn, LLC | Olesia Gorinshteyn
    A lot more information is needed in order to properly evaluate your husband's chances on returning back to the U.S.
    Answer Applies to: Georgia
    Replied: 7/3/2013
    Vladimir Parizher
    Vladimir Parizher | Vladimir Parizher
    You need an immigration attorney to help you out to re-file your spousal petition and take care that you will be informed this time.
    Answer Applies to: California
    Replied: 7/3/2013
    Preston & Brar, LLC | Jesse Brar
    I sorry to hear about your situation. In your question, you said, "he was sent back", so I am assuming that your husband was deported to Mexico. In your posting you didn't say, when he was send back, but I am assuming that it was in 2007. But, how soon he can return, depends on the reasons for deportation. For example, a person who is deported for an aggravated felony has a life-time bar to reentry. In your husband's case, if he was deported for just being illegally present in the U.S., or for some minor criminal offense (but not an "aggravated felony"), you could file an application for "waiver" of the 10-year bar and also the inadmissibility due to criminal offense (if applicable). The waiver is based on showing "extreme and unusual hardship" to you (the U.S. citizen spouse). If he is granted the waiver, then he would be able to return sooner.
    Answer Applies to: Utah
    Replied: 7/3/2013
    Law Office of Eric Fisher | Eric Fisher
    If the I-130 was approved and is still valid, the file should have gone to the NVC to start the IV process.
    Answer Applies to: Colorado
    Replied: 7/3/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You will need to request his petition be processed by the U.S. Embassy, which is typically done by filing an I-824. Once the case is transferred to the NVA, you will receive further instructions. Your husband will likely need a waiver based upon hardship to you. However, this is filed with the U.S. Embassy after interview.
    Answer Applies to: New York
    Replied: 7/3/2013
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