
Different Sam...possible rationale for denial!
Nov 30, 1919, 12:00 AM
Post #4 of 14
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Plzzzz Help Answer Questions...
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First, the basis for the denial of the adjustment of status and residency for your husband was the deportation and the voluntary departure. Your lawyer handling the case should have reviewed his immigration file and should have filed for a pardon of this forced deportation. The request is discretionary, but should of been filed as an adjunct to the then pending residency petition. The pardon could have been premised on the "hardship" provisions which allow for such deportation to be viewed in light of the effects a non pardon would have on the US born children and spouse. Given the number of children, it might have stood a good chance. Secondly, as to the deportation, you must look into the nature of the act which led to the deportation. If it was for a drug related offense, well "hasta la vista", as INS/Justice Department has zero tolerance for pardons on drug related offenses/convictions and their related deportations. If it was after the initial voluntary departure your husband would have signed a letter to consent to the deportation which also provides that he will not re-enter the country illegally and if he does he waives all rights to be considered "landed" and thus cannot the avail himself of immigration benefit based on your marriage. In short once again you are out of luck. My best advice to you is to go through the appeals process. A good immigration lawyer can get you about 3-5 years of play using this appeal and while in appeal your husband can apply and must be granted a temporary work permit. Then while the appeal is pending you could get a local senator or congressman to review the basis for denial also using the hardship on your family as a mitigating factor. This about sums it up. Good luck. PS: your 9,000 dollar lawyer should have explained all of this to you!
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