You should file an I-601 Waiver based on extreme hardship to your United States Citizen Spouse. You must enlist an experienced immigration attorney to prepare and file the 601 waiver on your behalf.
Husna Alikhan, Esq., www.alikhanlaw.com TEL: 702-374-6619. Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.
I'm having difficulty with the start of your question - in 2004 were you married to someone who was already in the US as an H-1B? You should probably consult an attorney directly so that he or she can review the denial notice and go over the details of your history in order to advise you about whether you should pursue review of the denial, or some other option. Whether USCIS would refer your case to the immigration court for removal proceedings might depend on the specifics of the denial. An attorney could go over that with you as well, and advise you about any relief from removal (deportation) that you would qualify for. Good luck!
www.azitalaw.com - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.
USCIS does not consider omitting a marriage from your immigration application documents "benign." I strongly suggest you not discuss this on an open forum like Avvo and consult with an immigration attorney in confidence at once.
Hire an experienced immigration attorney.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Hire a good immigration attorney and review your options.
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Counsel Ferrari has issued you an excellent advice.
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