Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Client's Husband Missing in Iraq

Published: May 17, 2007 By: Matthew L. Kolken Source: My Source

Our Client, Army Specialist Alex Ramon Jimenez, a United States citizen and a Serviceman with the United States Army. who had been deployed to Iraq for his second tour of duty has gone missing. His wife remains in the United States, and her Immigration Status remains uncertain. Mrs. Jimenez’s case was administratively closed by Hon. Philip J. Montante, Jr., I.J. for humanitarian reasons on April 26, 2006. 

Unfortunately, SPC Jimenez’s wife, is ineligible to apply for her Green Card inside of the United States as a result of the manner of her last entry (she entered without inspection).  We have made contact with Citizenship and Immigration Services to ascertain if they would be willing to assist in finding a resolution to her case without the need for SPC Jimenez’s wife to depart the United States to apply for her Green Card, which would immediately trigger a ten year bar to her readmission, and  would require the approval of a hardship waiver.

A resolution to this case could be obtained if Citizenship and Immigration Services would be willing to agree to parole SPC Jimenez’s wife back into the United States after a brief departure.  We have already attempted to arrange for this but we were advised that the Government is unwilling to agree to this deal.

Alternatively, if the U.S. Consulate in Montreal would be willing to accept an Immigrant Visa Application in conjunction with a hardship waiver it may be possible to minimize the amount of time that Mrs. Jimenez would need to be out of the United States. Unfortunately, the Consulate in Montreal does not accept Immigrant Visa Applications for third country nationals, such as Mrs. Jimenez, who do not have lawful status in Canada.

Kolken & Kolken is doing everything in our power to resolve this case favorably, as I am sure that we all can agree that it should not be the policy of the U.S. Government to deport the spouses of United States soldiers actively fighting for our country.

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