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Formule su propia pregunta a Guillermo J....

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 109965
Experiencia:  10+ años de experiencia en derecho de inmigracion EE.UU y 8+ años de experiencia en derecho general.
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we went to the interview and was a disaster, after taking the

Pregunta del cliente

we went to the interview and was a disaster, after taking the translator they requested, this person from immigration told all type of things to my husband including that "his type of people should not be here with out learning english" that "his type of people should not talk to the people paying them to work much less marry them(we meet when he was fixing the roof in my house)". She refuse almost all the proves we took for our marriage including pictures, because she said they do not have a date print, the papers from when i was pregant and lost the baby in 2012 because she said: dead babies can not have dna tests done". in the end she told us we would get an answer in more or less 1 month. My husband is very concern they will come get him at home and deport him. The rep at immigration did not see very concern with his deportation but she did mention it a few time, she was much more concern with humiliating him..My husband is thinking about leaving the country volunteer and try his luck in the American embassy (in his country el salvaddor)for a visa to return based on being married to me. i understand he has to wait 1 year there to even request this visa. Is this the best option? Can the immigration come to get him and deport him at our home after this interview? will they wait until is denied or they can do it any time? Is this option to return volunteer to his country a good option? what are his chances? Please advice. thank you
Enviada: hace 4 año.
Categoría: USA Ley en Español
Experto:  Guillermo J. Senmartin, Esq. escribió hace 4 año.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

 

NO! His best option is to fight inside the U.S., not outside. He would probably be banned for 10 years if he left and if the decision is a negative one because they determine the marriage is fraud, then it is a permanent ban. So you have to fight inside of the U.S. Wait for a decision and if it is a bad one, you appeal it. It sounds like you have a good case to appeal. Tell your husband to not be afraid that they are going to pick him up. As long as he has no crimes, he is at a very low risk because the government just doesn't have the money to deport everyone that is deportable, so they focus on criminals. Even if they did pick him up, it would be for a few hours to process him and they should release him and schedule him for hearing in the future and that might be a good thing because then you could explain everything to an Immigration Judge that might be more sympathetic. Here is a link so that you can read about ICE priorities to see that your husband is at low risk:

 

http://www.cis.org/articles/2010/civil_enforcement_priorities-1.pdf

 

So fight inside the U.S. and if it goes badly, hire an attorney to help you. You can look for one at www.ailalawyer.com.

 

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