overstay and authority

[captkim]

My husband of 14 years had to voluntarily deport after 14 year struggle to get green card. We have had 2 BAD lawyers. We have an interview on the 14th in amsterdam. Do you believe they have the ability to override the overstay of more than 180 days and give him green card, or do we have to figure out how to pay more than 15000$ to new lawyer to file a 601?
UG what do we do?

[Marco 72]

My husband of 14 years had to voluntarily deport after 14 year struggle to get green card. We have had 2 BAD lawyers. We have an interview on the 14th in amsterdam. Do you believe they have the ability to override the overstay of more than 180 days and give him green card, or do we have to figure out how to pay more than 15000$ to new lawyer to file a 601?
UG what do we do?

Since you haven't told us anything, it's impossible to give any advice whatsoever.

[captkim]

not sure what info is needed. Bad lawyers paperwork filed incorrectly. No criminal record just 180 day overstay. At court in US judge decided it was not hardship to separate family 9000 miles. Just wondered if the officers in Amsterdam have authority to overturn this rediculous mess.

[Marco 72]

1. Are you a US citizen?

2. What is your husband's citizenship?

3. When did your husband enter the US, and how?

4. Your husband's "struggle to get a green card" - what had he applied for and when?

5. Why was your husband's application denied? "Bad lawyers paperwork filed incorrectly" does not give enough information.

6. Where are you and your husband now?

Finally, when it comes to applying for a waiver, family separation on its own is generally not considered an extreme hardship.

[captkim]

so sorry-Yes I am us citizen Harold is Dutch-entered 95/ H1B visa
we filed for I130 in 97and were approved in 98. It took a year. We couldnt get anyone on the phone back then-we had no computer and finally went to lawyer to find out what to do next.
He finally filed 485 in 2000. Then-charged us for advance parole in 2001 so Harold could assist his boss in the bahamas-we live in florida. They dont issue those any longer. They apparently shouldnt have let him back in but they did and stamped his parole w/2002
That is when the overstay comes into play-
Im in florida and he has been back to holland since dec/09 sucks!








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[Marco 72]

Was your husband still in status (i.e. in the US on a valid visa) when you applied for adjustment of status (AOS)? Advance Parole (AP) documents are still issued all the time to people who apply for AOS, so there is no apparent reason why your husband should not have been let back into the US in 2002 - unless he was out of status when you applied.

What was the reason for his denial of AOS? Also, did someone actually tell you that your husband is currently subject to a ban? That would only apply if he accumulated illegal presence in the US.