Hello,
So here is what happened..
My husband is a Brazilian citizen and was here illegally in the US for over 10 years when we met. We were married in Aug 2016 and applied for i 130 in Jan 2017.
WE were about 1 week prior to marriage interview when he was arrested (for a DUI) and taken into custody by ICE when he went to court. We eventually got the charges dropped down to reckless driving (to avoid deportation) but he was denied bail by the IJ, and stayed in jail for months. this is where it goes wrong- The lawyer told me NOT to go to the interview without my husband, he was going to ask the judge for bail and postpone the interview, But the letter he wrote to immigration arrived After the scheduled meeting so they said that we abandoned the application. It all was sorted out a few days later, and i was given another interview date. I went to the interview without my husband as he was still in jail. Long store short, we thought they were working on the I-130 while he was in jail, but they weren't.. He eventually went back to court, where he decided to withdraw the asylum application and return to his home country and wait there for our I-130 to get approved (by then he had been in jail for over 5 months). He went back to Brazil in Jan of 2018 and i was called back for a second interview with immigration in late March. The second interview went smooth, just a few questions and i had already been to Brazil to visit him in that time and we were still working together as he owns a business here in the US, so i figured all was fien and he would get approved and i could start the process of waivers and things to bring him back. But, i havent heard a word from immigration since. When i call to check on the progress, im told that they are still trying to decide and the computer always asys "reconsidering an earlier decision" and it has been 4 months since the second interview, and i cant do anything while the case is pending (waiver - wise) so im just stuck waiting. the supervisor said that there are no derogatory remarks and they are just behind in the work, but i am worried.
My questions are:
1. Is it normal to have 2 interviews like that? was it because i went alone?
2. Will i ever get a decision on this case? When they take a long time is that a bad thing?
i tried to get him a visitor visa, but they denied it and told us to wait for the I-130.. it just feels like everything is contigent on that because he has a 10 year ban from overstaying. i want him to come home, and i just wanted to ask advise.
thanks
So here is what happened..
My husband is a Brazilian citizen and was here illegally in the US for over 10 years when we met. We were married in Aug 2016 and applied for i 130 in Jan 2017.
WE were about 1 week prior to marriage interview when he was arrested (for a DUI) and taken into custody by ICE when he went to court. We eventually got the charges dropped down to reckless driving (to avoid deportation) but he was denied bail by the IJ, and stayed in jail for months. this is where it goes wrong- The lawyer told me NOT to go to the interview without my husband, he was going to ask the judge for bail and postpone the interview, But the letter he wrote to immigration arrived After the scheduled meeting so they said that we abandoned the application. It all was sorted out a few days later, and i was given another interview date. I went to the interview without my husband as he was still in jail. Long store short, we thought they were working on the I-130 while he was in jail, but they weren't.. He eventually went back to court, where he decided to withdraw the asylum application and return to his home country and wait there for our I-130 to get approved (by then he had been in jail for over 5 months). He went back to Brazil in Jan of 2018 and i was called back for a second interview with immigration in late March. The second interview went smooth, just a few questions and i had already been to Brazil to visit him in that time and we were still working together as he owns a business here in the US, so i figured all was fien and he would get approved and i could start the process of waivers and things to bring him back. But, i havent heard a word from immigration since. When i call to check on the progress, im told that they are still trying to decide and the computer always asys "reconsidering an earlier decision" and it has been 4 months since the second interview, and i cant do anything while the case is pending (waiver - wise) so im just stuck waiting. the supervisor said that there are no derogatory remarks and they are just behind in the work, but i am worried.
My questions are:
1. Is it normal to have 2 interviews like that? was it because i went alone?
2. Will i ever get a decision on this case? When they take a long time is that a bad thing?
i tried to get him a visitor visa, but they denied it and told us to wait for the I-130.. it just feels like everything is contigent on that because he has a 10 year ban from overstaying. i want him to come home, and i just wanted to ask advise.
thanks
Removal (Deportation) and Reentry: Pending I130- Voluntary Departure and Waivers
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