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Immigration Issues/working with a Removal Sentenced

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Four years ago my husband was getting his visa to go back to the US to finish his studying.  But  they stopped him and had him come in a office where they asked him questions. They asked for his papers but he had left them in the taxi and they would not let him go and get them. They told him that there was no records of any visas for him going into the US at any time and no records of him being a student at any schools in the US in their system. But he did have the proper visas and did have proof of them but they would not let him go to the taxi to get them. The thing is he also told them that he was working in the US but he did not have a working visa only a student visa. So they sentenced him with a Removal for five years. After holding him for 24 hours they let him go.  So he went to a different entry and they just looked at his papers and let him in the US. That was in June 2004. Since then we met in 2005 and wanted to get married. So we thought it best to go to Mexico and get married there. We have been living in Mexico since October 2006 and have been married for over a year and have had a baby boy(who is a US citizen like me). We now are trying to get things done so that we can move back to the US. We are filling out form I-130 and G-325a and the I-601 waiver. What else should we do? Thanks

Answer
First step is to file I-130 with G325 for each of you and get the petition approved. Then the papers will go to the National Visa Center and after you give them the docuemtns they want they will send the file to Mexico for interview. At the time of interview they will give him instructions on filing the I-601. If he was removed for 5 years but did not stay out five years he will need an I-212 as well that can be filed once the I-130 is approved.

Regards,

Robert

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