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Immigration Issues/REMOVAL/ WAIVER I-601

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QUESTION: HI Mr Hollander
 I have a complicated issue please advise if you can..
  IJ order my removal on absentia without reciving any notice ,i went to  an interview with my 2nd wife and i was detained and deported to uk on feb 2007 ,we filed a motion to reopen but the judge denaied it and currently we are appeling to BIA ... can you please tell me if we have any chances getting a good result our lawyer claims that we have a strong case and also we still have another option called i-601 can be applied through the conulate here in london uk.. and also our i-130 was aprroved as my wife is a US citzen.
ANSWER: Why are you doing a Motion to Reopen when you already were deported and left?

Why were you ordered deported? Only becasue you were illegal or something else? How long were you illegal here?You should try the I-601 waiver route for the illegal presence and you need an I-212 if you were ordered deported.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: Hi Mr Hollander
  FOLLOW UP question ..removal/waiver i-601
1/  I was deported because i  did not showed up in court hearing which i was not aware of any notice , i was divorced and moved to another state and got married to  my 2nd wife which the INS had my new address and also approved my i-130 and schedule an interview ,however when we attend the interview they told me the IJ signed my removal 2 month before in Atlanta due to no show and i was detained for 22 days and deported back to UK , while i was detained my wife got a lawyer and tried to resolve it but unfortunately without any chance to speak to a judge or seen my motion i was deported the same day as our lawyer filed the motion to reopen after 20 days my motion was denied and my lawyer advised us to appeal which we did through him and currently we are waiting .
  2/ I enter to us on visa waiver programme and applied to adjust after i got married my 1st wife unfortunately we got divorce after 2 years ,then i married my 2nd wife which i met while i was separated and then file i-130 and i-485 which we have an approved i-130 and attended an interview and all the latter had happened as far as i know i was not illegal and i am a decent person with no criminal record at all .
I thank you so much for your help my wife and i spend all our down payment on lawyers fee not to mention stress , please let me know if we are wasting our money for nothing on the appeal to BIA ?

Answer
Since you were already physically removed from the U.S., it is my opinion that the BIA appeal is a waste of time and money. SInce your I-130 is already approved, I would file an I-824 to move the case to the Embassy in UK. I would also file an I-212 for the fact you were deported and an I-601 to wavie the illegal presence bar.

Regards,

Robert

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