I130 was approved after deportation was told to reapply


Registered Users (C)

Here's a little background on my husband's case.

He entered US (NYC) with false passport in 1994 and was caught but released to go to court. He missed the court date, so he was given exclusion by absentia on same day in January 1995. He thought everything was fine because his lawyer got him work permit and he moved to Washington. In 1996, we got married and got a lawyer to process for his green card. That's when we found out that he has exclusion.

August 1996 turned in I130.
Sept 1996 turned in Motion to Reopen.
Oct 1996, MTR was denied due to no approved I130, no I485 and G325.
Jan 1997, I130 interview.
April 2001, I130 approved, Box #8 was marked: The approved petition is held in file pending IJ decision.
January 2003, our lawyer's license was suspended.
November 2003, scheduled for I485 interview. We did not show up because my husband was scared he was going to be deported.

He has 2 dui. August 2012, he signed to go home. His papers showed deported with 10-year ban. The deportation officer told us since we have an approved I130 it should be easy to process his papers from then on. He also mentioned that the I130 has been turned in to Visa Center. After following up on the NVC info, I was informed that our case was terminated in 2004/2005 since we never responded. The NVC agent said that we need to start again and file I130. We never got any information or letter from lawyer, INS, or NVC about NVC back in 1996 or later. I just learned about the Visa Center last year from deportation officer.

I called the USCIS 800# and talked to an officer (very rude), and she said since he is deported, the case is closed and that's including I130. We have to wait 10 years to reapply.

We've been married for almost 17 years and we have a son. By the way, I'm a US citizen. Do we really need to file for another I130? I thought I130 is to prove that the marriage is real. Now that he is deported, what is our next step?

Your suggestion is greatly appreciated.