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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Husband H4 denied[Ju-29] under section INA 212(a)(1)(A)(iii)

Customer Question

Husband H4 denied[Ju-29] under section INA 212(a)(1)(A)(iii) since he has DV(low section) and pending multiple-DUI. CBP arrested him at Tijuana PortOfEntry[Aug-02] when my husband try to clarify about US-Entry. At CBP station, visa-offer/judge very aggressive. Officer did not trust my husband words, make him sign documents, told him that he was banned for 5 years and finally said deporting him.Later he moved to another station. Any of CBP officer giving information regarding his offense, the judgement, details about where he was detained, when he will be deporting, how many days stay in jail. I did not find case information at detainee search immigration site. No one answers my phone. My husband can call from Jail. I need experienced[won these types of cases] immigration attorney's help to encounter, apply for waiver etc. Please respond immediately.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Judith replied 4 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

First even a minor DV case can make one inadmissible and then having multiple DUI arrests makes him inadmissible on possibly two counts, medical - one with a dependency on Alcohol or if it was influence of drugs, an addiction problem; and 2, a danger to domestic partner or family.

They are unfortunately aggressive with these types of crimes because they are crimes which have the potential to hurt people and even kill them.

What do you mean by you need experienced attorney who "won" these types of cases?

The removal is final. He will be sent home when they have arranged his travel. They have to consult with your Embassy in the US to ensure that he is welcome back in his country before arranging travel. This can take up to 10-14 working days for clearance to come from your country that he will be accepted.

He can only apply for a waiver after he returns to his home country and whether it is possible depends on all the details in the DV arrest report; the court disposition; and the number of DUIs and how many convictions and during what length of time.

I am willing to offer you premium service to review his complex criminal history and tell you whether there is hope for a waiver under INA 212(d)(3). That is the only waiver for non-immigrant visa.

I will send you an offer for review of the documents you will need to scan and send to my private email box when you have accepted my offer for additional service.

Unfortunately nothing will happen fast. What country does he hold a passport for?

Judith

Customer: replied 4 months ago.
Hi
5 DUI arrests in between 3 months, JAN-2016 to APR-2016 and cases are under trail. Hired DUI attorney too. As I mentioned, my husband is not alcoholic/druggist. He under medication turns BAC higher. My husband taking volunteer Alcohol monitoring program and attending AA meetings. DV - guilty under 243(E)(1). final judgement is 40 hrs community, DV classes and fine.
My husband stay in USA from 2005. No criminal history at all until 2014. DV is my mistake. He had Greencard under process. EAD approved.
Visa officer/CBP officer/Immigration officer did not look at convictions vs convicted. They just look at arrest records and denied
I had court documentation for DV, medication, AA programs, Alcohol monitoring program. Regarding DV/DUI case, you can retrieve from court site. DV=LB court. LB 5LG00223­01. DUI=OrangeCounty. I have discovery document.
I need immediate exp.immigration attorney's help to apply for waiver/options so that my husband can utilize re-entry rights.
Let me know.
Expert:  Judith replied 4 months ago.

Effective in April the Dept of State instituted a new policy to revoke all non-immigrant visa stamps for anyone charged with DUI. Note the policy is not DUI convictions but arrests.

See these links

http://www.gands.com/press/duis-and-visa-revocation-in-the-u-s/

http://www.gibney.com/2016/04/22/dos-policy-visa-revocations-non-immigrants-dui-charges/

Prior to leaving your husband should have checked with an immigration attorney about the risk of leaving the US with 5 DUI arrests within 3 months. That is an extraordinary number of DUI arrests in such a sort period of time.

He has been administratively removed. He needs to retain an attorney experienced with consular visa processing and waivers to see if they are able to obtain a waiver for him. Although I have such experience, JA experts may not take on the site customers as clients. I will tell you that you have an uphill battle because of the number of arrests. It is not likely he will get a waiver for a non-immigrant visa but when you adjust your status and he is eligible to follow to join as an immigrant he will have a better opportunity for the waiver after he has under gone alcohol monitoring by the panel physician at the US Embassy.

Given his history you can expect to pay a lawyer at least $5000 to try to get him a waiver for his removal and DUI history and I do not think it will be successful.

You can find a lawyer specializing in waivers at http://www.ailalawyer.com

Before retaining an attorney google "dept of state DUI visa revocation" and read up on this new policy.

There will be no "immediate" fix and your expectations are unrealistic.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 4 months ago.
Hi
Thank you for quick response and I am glad that your are there for me as my to-go personal immigration attorney.
My current concern is regarding his deportation offense. During CBP arrest - one of officer informed that my husband received 5-year ban which was in-sane.This deportation might be cause issues for future re-entry. other risks are: Judge order for court appearance for next DUI hearing. Judge might issue warrant etc.
We understand the risks when we receive H4 denials. My husband was ready to leave and re-entry by applying h4-visa after 1-year with good moral character.
We both wanted to fight for our rights at Immigration Court. Attorney might help to reduce the risk of re-entry by presenting CBP arrested him showing in-valid reasons. Visa officer did not allow my husband to talk or to show his paper work. DUI pending, DV acutal towards judgement with criteria: take-off 5-year ban and given waivers/re-apply with some following documents(medical tests, AA programs, AA monitoring etc., after certain period like 6 months or so.
Let me know what will be your final call on my husband's case.
The resolution I am looking here is - Re-entry to USA now/later with no-issues.
Options my husband has are
1. Filing (within 30 days of DHS’s decision to remove you) a petition for review in federal court
2. Apply for Asylum. My husband has death risk from religion, cast. He was attacked when he went to India 2012. After that he never travel to India.
3. Voluntary departure.
Thanks
Kavitha K
Expert:  Judith replied 4 months ago.

OK, first I want you to understand what procedure has made your husband barred for 5 years. He was put into an expedited removal procedure which does not require a judge. He could have requested a hearing before a judge but he would have sat in jail for months until that was scheduled so he probably waived that right.

Read this link before we go further so you understand what has happened to him.

http://www.nolo.com/legal-encyclopedia/when-can-noncitizens-be-removed-without-seeing-immigration-judge.html

Second, I don't understand why with 5 pending DUIs he left the US? I understand having one DUI due to medication. You learn don't drive if you take that medicine. But he continued to medicate and drive getting caught 5 times. He endangered the lives of others. Hence the harsh and aggressive treatment and their finding he is a danger to not just himself but to others on the road where he is driving.

He is a guest in the US and yes, the officers did find him mentally ill and dangerous. They don't want him here. He was convicted of violence even against you. I don't want to hear it was your fault. A court heard the facts and found him guilty or he admitted he was guilty.

Immigration does not care about the consequences of him not appearing for the DUI charges. He made a choice to leave the US knowing he faced FIVE counts of DUI. I have never represented a client in all my 35 years of immigration law that had 5 DUIs. Usually people learn after one or two to not drive while medicated. Even if the BAC was a false positive after the first 2 he knew taking the meds and driving leads to being stopped and the BAC reading.

1. I am not able to help him. I am sure there is a lawyer willing to take your $5000-10,000 for a federal court appeal. I gave you the link to finding a lawyer in OC to do that.

2. He would have to apply for Asylum in Mexico. That is where he is now. To apply for asylum in the US you have to do that within 1 year of being here. His persecution happened in 2012 so he had one year after entry to seek asylum here.

3. VD doesn't apply. He already has an order of removal. One has to seek VD before an order is entered.

Would you like me to opt out so another expert can offer you a solution?

Judith

Customer: replied 4 months ago.
Hi
It was confusing for both of us. Here is the story.
My husband walk-in line at Tijuana Port-Of-Entry to ask questions regarding his entry with valid I-94 and EAD card. CBP instead of answering his question, they arrested him showing reason - try to cross-border with expired visa. My husband try to convince the officer that his intentions not to cross border but need to verify re-entry validity.
CBP Arrest on Aug-02 around 9:30 PM.
on [email protected]:30 AM CBP officer has a visit my husband and told my husband that he will be released soon after signing the papers. If my husband did not sign papers then no release, also ask my husband to call me. My husband called me and pass same information.
I did not heard from my husband until Aug-05 @ night 10:00 PM around, my husband gave me call from inmate phone system. My husband told me that, CBP made him sign-tons of papers first. After that officer started asking questions. My husband provide all the information he had and why he was at port-of-entry. Officer did not believe his words and told my husband that he was banned for 5 years. My husband requested for own travel plans from Mexico. No response from officer. On Aug-05 evening CBP moved him to the DHS inmate cell near San diego. My husband has no information on his final order.
We still does not know he was ordered with express deportation or present to Immigration Judge. No response received from any officer on any information.
Important point: My husband was not newly arrived noncitizens. He is for 11 years. fear returning to home country because of persecution or torture.
Please let me know what are THE options for my husband to address administrative removals/Expedited removal/Form I-860/I-851?
How he can appeal or fight? Please provide some information. Since we do not have any information regarding his case or we do not know where whom to contact for appeals.Thanks
Kavitha K

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