Kuck Immigration Partners Successfully Reunites United States Citizen and Children with Their Foreign National Husband and Father

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After being separated for two years due to an error on the part of the Department of Homeland Security, a Foreign National and his United States citizen wife and children are reunited.

Foreign National Immigration Kuck Immigration Partners
...in the end the mistake by the consulate was rectified and this family received a second chance at the American Dream.

According to court documents, last week Kuck Immigration Partners successfully reunited a United States Citizen and her husband who had incorrectly been given a permanent bar by the U.S. Consulate in Cuidad Juarez for alien smuggling. Kuck Immigration Partners successfully established that the bar did not apply to the foreign national and that he was in fact, admissible to the United States.

According to court records, the foreign national was approximately 18 years old when his father brought both him and his sister to the consulate in Cuidad Juarez to request tourist visas, back in the 1990s. At that time, the foreign national’s father submitted untruthful documents regarding his employment in Mexico, unbeknownst to the foreign national. The foreign national’s father was the only one to speak to the consular officer. The entire family was denied visas.

In court records it states that the foreign national later went on to marry a United States citizen and were later joined by two United States citizen children. The United States citizen, the foreign national’s spouse, successfully filed a visa petition and a I-601 waiver petition for her husband. All of these petitions were approved.

Based on information from court records, in 2011 when the foreign national went to the consulate to receive his visa, he was told that a mistake had been made and that instead of a visa, he was going to receive a permanent bar from ever returning to the United States. The consulate had decided to classify him as an alien smuggler based on the incident that happened with his father in the early 1990’s.

From court records, the foreign national’s spouse, a United States citizen, was unable to join her husband in Mexico as she had a shared custody agreement with a child from a previous marriage, and was prohibited from moving her child out of the country. She additionally suffered from various serious medical illnesses and needed to keep her steady job with accompanying medical insurance in the United States. The family was separated while the foreign national’s spouse tried everything to reunite her family. She contacted Senators, hired attorneys to try to work with the consulate, and wrote letters. The response she received each time was that nothing could be done.

Stated in court records, during this time the family was forced to file for bankruptcy, and they lost their home. The foreign national’s spouse and her children moved into a small basement apartment. The stress caused the United States Citizen’s health issues to flare up and she had to be hospitalized. The children’s performances in school began to suffer.

In the court records, it is explained that after this foreign national’s spouse met with Kuck Immigration Partners, the law firm immediately filed a Declaratory Judgment action in federal court, as a permanent bar never should have been applied to this individual. Charles Kuck, Managing Partner of Kuck Immigration Partners said: “[W]e knew that only a Federal Court Judge could fix this government error. Two weeks after filing the lawsuit, the husband was rescheduled for another interview at the consulate and was given his US visa. Sadly, this family was separated for approximately two years and the United States citizen wife and children suffered substantially as a result. However, in the end the mistake by the consulate was rectified and this family received a second chance at the American Dream.”

Immigration cases like this are not unique within the United States. For more information about issues relating to this case, please contact Kuck Immigration Partners at (866)286-6200, or at ckuck (at) immigration (dot) net.

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Rebecca Rees
@ckuck
since: 09/2008
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Kuck Immigration Partners LLC - The Immigration Law Firm
since: 12/2009
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