Immigration Law Questions? Ask an Immigration Lawyer.
This does not sound quite right. However, I can not say that this attorney could not help. Attorneys have a different experience, with regard to their practice. Some attorneys have discoverd a process and way to maneuver a case such that they could get something accomplished.
This attorney may have, as some do, a working relationship or rapport with the court and officers of the court such that they have built a strong center of trust that where they legally apply the law and are able to get things processed quickley.
However the general experience is that in this situation, when a person departs the U.S. under normal conditions, they would have to at least sign a voluntary departure form and receive a bar to re-entery. Such a bar requires a waiver which, under normal circumstanceds takes on average 6 to 18 months. It is possible to get a judge to hear a case requesting hardship waiver, and be able to enter much sooner. But, hardship waivers on average are approved only 25% of the time.
If your husband were to somehow get an attorney escort into Mexico in a way to avoid the bar, he could legally gain entry within a few days. But that assumes a lot, and I can not corroberate whether your new attorney contact can make this happen.
I woud feel more comfortable if he were so sure, that he would take a down payment term with a balance paid upon performance. I think you are taking a big risk for your money. A down payment of say 1,000 up front and the balance on his re-enter into the states would be more fair.
I would feel more comfortable if you would do a phone consult with a repesentative of the following company: http://www.fragomen.com
I think that this attorney if offering you more than what is actaully possible. My colleague was right to question this. Attorneys are not allowed into the Consulate at Cd. Juarez, so there is no way that they could represent you. There is a pilot program that allows the waiver application to be done in 3 days, but whether you are placed in that program is up to the discretion of the officer. If you do not have a very strong case, then you get put in line with everyone else and have to wait a minimum of six months for the waiver to be approved.
Yes, the 10 year bar is automatically applied when he leaves the US. The waiver can be applied for before the 10 year bar is up. You don't have to wait for 10 years to pass, as at that point there is no need for the waiver as the bar time has been served.
If he has been previously deported, then you have another problem on your hands and may need another waiver. If there are any records, regardless of fingerprinting, he may have a permanent bar. It is very difficult to get a permanent bar waived.
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