Robert Lee, TX Immigration Law Firms & Lawyers

If your husband was eligible for 245i, he should have made that claim in court. It's the responsibility of the respondent to inform the court as to what form of relief that he/she wishes to apply for with the immigration judge; the Department of Homeland Security will not make that determination for you. As long as your husband does not have any other issues of inadmissibility, you will now need to follow up on the I-130 petition that you had filed for him until he receives his visa interview at the US consulate in Juarez. After the interview, it's likely the consulate will require your husband to file an I-601 waiver application because he accumulated more than one year of unlawful presence before departing the United States. If the waiver application is approved, your husband will be allowed to return to the US immediately. If the waiver application is denied, he cannot return to the US for 10 years. In any event, he should NOT return to the US illegally.

I need more information on why it was denied. It is possible if wrongfully denied to do the Motion to Reopen. *Motion to reopen* A motion to reopen must be prepared. This is a movement we need to unite and prepare all other measures and requests. Unless the motion to reopen is granted, the case can not proceed. Once the motion to reopen is filed, there are two possible outcomes. First, the motion could be granted. If this is the case, then we can enter into an agreement to represent the underlying issue. Otherwise, the motion be denied. If he refuses, then it must be challenged. In addition to the motion to reopen, a motion for stay is usually required so that there is no immediate enforcement of the deportation order.