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Mexican Husband Denied I485

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amberjulio
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Joined: Thu Jun 15, 2006 12:54 am

Mexican Husband Denied I485

Post by amberjulio » Thu Jun 15, 2006 1:05 am

Ok, this is a long story and a very messy one. It has shown me where the law needs reform.



Anyways, My husband is from Mexico. We married in June 2003 in Mexico. He was denied his K3 in Ciudad Juarez for admitting to having used marijuana within the last three years of that date. They told him to reapply in March 06. In the meantime he got a visitor visa with a waiver in June 2004. It expired in December 2004. In the meantime we filed a I485. They denied it saying the marijuana issue had no waiver available. (even though he already had one from Mexico City immigration on his visa) So we filed the I212 in May 05.....still have heard nothing back from them on it. Went in and found out his file is in storage and they are doing nothing. So, we saw a lawyer who said we didn't need to file that form so they probably just ignored it. Now we need to file SOMETHING to get him residency here in the US with me and our three kids. Someone said we need to go before a judge and so we could file assylum because he can prove he is not an adict with clean tests from 03 and now. But I saw asylum says fear of returning so I am not sure. Or maybewe just file the I485 again since this marijuana thing has been more than three years....then again the lawyer wasn't sure but he didn't think there was a time frame on that law and that he would technically never be able to apply again. The I485 says not an expired visa....but ok if married to a us citizen...is that right? So if his visa expired he can file it becuase me, his wife, and his kids are citizens? This is all so confusing for me. Thanks for any help.

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