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This is an awful "what came first - the chicken or the egg?" type situation that is just another example of the craziness of our immigration laws.
How long have you been married and did you apply for a resident alien status change after you got married?
How long has he been stuck in Trinidad?
We were married May 1, 2012. We met June 2010 and he was up front about his past, but love is love. He has been back in Trinidad since I believe April 2005. He arrived initially in Brooklyn, NY where his mom lives with a tourist visa. Of course that expired, he stayed hoping for a better life like most, couple years later moved to Arizona where he got a foolish DUI. When he appeared for court they were aware he had an over stayed visa so after jail time for the DUI, he was sent to detainment for the visa and then deported. We petitioned for a relative visa May 2012 and during his Visa interview in Tindad today, the conulate brought up his DUI and wanted the court record. Well I found the court record on-line and it showed he had a warrant that he was not aware of. I called the county clerk and they say it because he did not complete counseling and f/u with the judge in 2005, but he was in detention and then deported so he couldn't. The clerk's only answer is that he has to appear in front of the judge which he can't do without the hopeful CR1 Visa. he is to bring the court record to the U.S. Embassy in Trinidad to the consulate,but we are scared of the warrant status and he will be banned forever and I have give up my career as an LCSW (licensed clinical social worker) to move to Trinidad. And when he does that he will then be told if or when he can do the waiver or I-212 for permission for re-admission for his over stayed visa. Yikes. International love has been hard on us both.
I met a man in the Summer of 1983 in Ireland and he followed me home so I kept him. But it was easier back then for him to get resident alien status based on the marriage - it took 2 months from start to finish. After 9/11, everything has changed SOOO much and even my own niece who has been married to an illegal for 6 years cannot get her husband's Visa approved (they want him to go back to his own country and wait for 5 years -- which is absolutely ridiculous !!).
Typically the only way to clear up a warrant is to appear at the court and take care of it. There may be a very slim chance that a judge might be willing to remove the warrant and set another court date if you hire an attorney in that county to contact the court and explain the situation to the Judge and see if the Judge will permit the warrant to be lifted and a new court date set -- a Judge CAN do this and it is within the judge's complete and total discretion -- but it is rare. I am certain that you do not need the added expense right now, but hiring a local AZ attorney is about the only way or the only chance that you might be able to get the warrant lifted without him actually appearing in court (they can set a court date at any point in the future - even as late as a year from now to give him time to get back to the US). If you give me the county where the AZ court is located, I can get you a link to the bar association of lawyers and you can contact them for a referral or referrals to some local attorneys there where the warrant is pending.
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Are you familiar with what the liklihood of him getting his visa so that he can then clear up the warrant when he arrives??
Hi Julie -
As I noted in the other answer -- you should post the question to our immigration law section.
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