Help- Complex Immigration Case

I

italiannewmoon

Registered Users (C)
Hello.

I am married to an Italian citizen (June 2010) in the US. He has been in the United States for 15 years. He has been to 3 attorneys for a total of $24,000. The first one took 11K, left him stranded and closed his office. The 2nd one now works for ICE and took 7K and misrepresented him, lied to him and told him to use another ID. The 3rd one now has 6K - he is broke, and broken hearted. He has always tried to do the right thing and is a nursing program to be an RN. When all of this began, he had arrived in the US to live with his grandmother. Within a few days of arrival his parents were killed both on their plane when it crashed. Two years later his grandmother died. He went through years of grief, not being able to see straight. Initially his application was done by his grandmother for the first and second attorneys. He did what the 2nd attorney said to do- which was easy because his whole family was dead- he wanted to run away from who he was. Now- the 2nd attorney who now works for ICE makes sure every case is denied. The third attorney we recently saw and his case was denied and he never even told him.
I am in love with him, legally married to him, and do not know what to do. I lost my prior husband of almost 30 years in the last 2 years. This man is the love of my life and is how I stand every day. He is a blessing to me and a good man. He helps my grieving children, and helps us to pay the bills. I may even be pregnant with his child now. I could not cope if he were taken from me. The attorney told us it would take another 6 months to a year again and this has been ongoing for 15 years. It seems as though all attorneys just want to lie and scam people. He has no where to go- no family, and only distant relatives took his first few years of papers from him when his grandmother died. He has had 3 immigration deportations stayed until now. Please help. If he is taken I will have to leave my children to go to Italy, leave my house, and all that I have ever worked for. I love him that much. It is not right that people can do this to each other.:(


ps: He did come over initially via an airplane with a student visa for entry and has been in school and a good citizen ever since.
Answering Questions:_________________________________________________________________

Yes I am an American citizen by birth and am a Native American- My citizenship can not be questioned.
It is very true with the fraud, it is very sad as he still freezes when asked about his parents and grandmothers death as he was so deep in grief for so many years.
I met the attorney last night for the first time (the 3rd) he has a file about 3 inches thick, it has a case number. I do not know what he has or has not done. My husband is rather clueless about the form #'s and everything, does not know one from another, his belief has been while we were courting and after the marriage that the attorney was handling everything. The attorney has never given him the case number until last night when I was there, and never gave him a copy of the file. He has appeared one time before a judge when the 2nd attorney had him do this when he was being misrepresented. What I do know about is most of the file according to my husband has whited out portions with blank pages with marks to protect the immigration officer by the immigration court. Deportation was initiated based upon denial of case each time.

I have not yet filed an I-130 and do not know where to begin.
The G-639 sounds like a good idea to get a picture of what has happened.
The original entry was a student Visa, lawfully, 15 years ago.

Please advise. And God Bless you for your help. He is an honest man, who is simple, who believes in others, has been taken advantage of.
 
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You forgot to mention this - are you a US citizen?
On what basis did he apply for residency in the US?
It is a bit difficult to believe that he was cheated thrice by attorneys. Are you sure you have been given the true picture of the situation?
 
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On what basis did he initially enter the U.S.?

On what basis was he placed in deportation/removal proceedings?

Did you ever file an I-130 on his behalf?

If he does not have a complete record of his immigration history (most likely not) he needs to file a form G-639, FOIA Request to get a copy of his file.

He needs to figure where he stands in order to figure out what direction to take.
 
Trying to reply to Joe and everyone else.

BigJoe5 said:
On what basis did he initially enter the U.S.?

On what basis was he placed in deportation/removal proceedings?

Did you ever file an I-130 on his behalf?


Hi Joe and everyone, Please see my updates above in first post. No I have not yet filed an I-130, I am not sure yet how to proceed. Any advice appreciated to help us understand how to proceed would be appreciated.
Click to expand...
 
I did some research and found this posting on the I-130- still need thoughts - anyone know the best attorney for very complex issues such as this one?

"Did your husband enter the country legally with a passport and then overstayed? Or did he enter the country illegally?
If the former, then you can file the I-130 on his behalf and he can file to become a permanent resident. If the latter, then while you can file the I-130 on his behalf, he is unable to adjust status at this time unless someone else filed an immigrant petition on his or his qualifying relative's behalf prior to April 30, 2001 thus grandfathering him in under 245(i).
At this time, by filing the I-130, you risk putting him into deportation proceedings because he is illegal, however there could be a possibility of cancellation of removal if he has never been arrested, paid taxes and can show extreme hardship to qualifying USC relatives if he was deported.
You will want to consult with an experienced immigration attorney before you file anything to run through the possible scenarios and accompanying risk factors."
 
You as his USC spouse need to file an I-130, Petition for Alien Relative. Do it immediately, without it he cannot apply for a greencard based on your marriage. It appears that your marriage took place after he was placed in proceedings. In that case, the law automatically presumes that it is a fake marriage just to get a greencard. You and he have to prove that it is a real marriage. If you are indeed pregnant, that would be great for his chances of proving the marriage is real (Also, congrats!)

As long as the immediate relative of a USC initially made a lawful entry they can file for adjustment of status even if the lawful status has expired. BUT without an approved I-130 and an immediately available visa he cannot file for adjustment before the Immigration Judge. You CANNOT file the I-130 with the IJ, it has to have already been filed with USCIS and already approved. The IJ does not have the legal authority to decide that petition. The IJ CAN decide the I-485 application for adjustment. BUT the applicant must be otherwise eligible as an immigrant (no major crimes in his past).

SEE: http://www.uscis.gov/portal/site/us...nnel=02729c7755cb9010VgnVCM10000045f3d6a1RCRD
 
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Thank you Joe, I am still scared. Hmm also I want to add that To complicate matters further, he has no one in Italy to return to, and because
his parents worked for the "Government" it could be dangerous for him to return
as his parents dying was suspicious on the small plane when it happened.
 
Get the ball rolling! Get over to www.uscis.gov and get the I-130 form. You need evidence of your citizenship, the end of ALL prior marriages of both of you (death certificates, divorce/annulment papers), his birth certificate, and proof of current marriage. You need to get it APPROVED fast in order for him to able to apply for adjustment. Most Immigration Judges refuse to continue cases for a petition to get approved. Be proactive.
 
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