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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4869
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My husband and I ( Island)have been going back and forth

Customer Question

Hi my husband and I (Long Island)have been going back and forth with uscis regarding his status.they have just issued a removal of him pending an hearing in front of a judge. Our attorney after our originlal interview for i601 and its refusal sent our rebuttal on the officers false claims to the wrong address. Upon which she also didn't file another i601. She is now saying that she doesn't work deportation cases and now we are screwed with no where to go. I am American born we have been together for 13 years he is Israeli middle upper class. I have illnesses and rely on him to care for me.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Don't worry. You will have a chance to present the whole case for your husband again in front of the immigration judge. You will have the opportunity to prepare the applications again and to reapply for the I-601 and submit evidence in support of it. You should gather your medical information and letter from your physician regarding any and all medical conditions that you suffer from. He will not be deported without a chance to present all this and for the judge to make a decision. If it was just an issue of false claims and you have medical issues, it sounds like a good chance of approval and he should not get an order of removal.

I suggest that you find a local immigration attorney as soon as possible so that he or she can accompany you to court and begin preparing the documents for you. This person should have deportation defense experience since procedures are specific with the court.

In addition, if the first attorney did not follow through with the services you paid her for and was negligent in filing something she was supposed to file, you can ask her for partial money that you paid her and try to come to an agreement. She can face issues with the state bar if she was negligent and you decided to file a bar complaint.

Good luck to you during this process and I hope this answer has helped you!

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Customer: replied 1 year ago.
THank you for your answer, our problem is that while the officer acknowledged my health issue she claims that her issues with my husbands misunderstandings in the past overshadow my health. During our interview she asked me 3-4 questions and of those she wrote in her refusal things that i never said or I said about other individuals. It was a which hunt. We were told that with my health it shouldnt be denied but the officer didnt care. I had cancer or breast and am on the watch for 3 more tumers( as well as having had 3 breast reconstruction surgeries which left me with arm issues), i have had back surgery with multiple herniated and buldging disc of my back and neck as well as torn rotator cuff of my shoulder.Our problem isnt about the money our problem is that they didn't accept our rebuttal for the officers mistakes in our interview and the service went straight for deportation status.We dont know how to get a "white collar attorney" who has dealt with the issues that we are going through because our case is not the normal deportation case. My husband is a respected man who is part of various organizations and even through work deals with various parts of the US military.
Expert:  Jen Marie, Esq. replied 1 year ago.

I understand what you mean and I'm so sorry that you have gone through this ordeal. Even though that happened, you will still be able to present your entire case to the Judge at the court level and explain the situation to him/her. Just because the officer made one decision does not mean that will be the decision of the court. Unfortunately, we are limited on what else we can help you with as experts on this site besides answering specific questions. If you have any other specific question I'd be happy to answer it. You can ask even after rating.

At this point you would need to find an attorney in your area and there is no way around that. There is a good website with resources to find good, experienced immigration attorneys in your area. You can try here http://www.aila.org/about/immigration-lawyer-search

I hope this helps guide you and hope to have earned your positive rating.