Please Help!! Not sure where to post!?

[rkzal]

A little background...
My husband was just denied for I-601 and I-212 waivers. :sad:They did not even consider the waivers because they are saying he also has a 5yr ban for not attending immigration hearing with no waiver available. :wha:This is the first time we have heard about the ban. The visa office did not mention and dep. officer did not mention when he was given the papers before he left. They all just show the 10yr and that he is eligible for waiver.

If anyone has any info on this please let me know.:please:

Also his 5 years will be over Nov. 2009. When should we file I-130 again or since it is still sitting at the NVC waiting for his return on the K-3, can I just have it forwarded there to Honduras now since the process will take at least a year plus 6 months for the waivers again. Or do I actually have to wait until Nov. 4,2009 to put the I-130 petition in the mail again? Will it effect me getting it approved this time since it asks is you have filed a petition before? Those of you with the spouses that have bans with no waivers available I really need your help. What have you found out about when you can refile?

Sorry for the long post. I am just shocked and angry that they let us go through the whole process and all the money we paid for the waivers to hear that they are taking my money but not considering the waivers. :gaah:Has this happened to anyone else???

[Laura]

I'm so sorry this happened. I am going to move this post to I-601 All Other Countries, but I would suggest you do a consult with Laurel Scott. Maybe someone else will have an idea but it's definitely the first I have heard of any such bar.

[adeildo]

Im sorry I feel very bad to hear this, you will find some way to appeal. good luck! God bless you!

[tasksgirl]

A 5 year ban?

[rkzal]

Thanks.. I have never heard of this 5yr ban either before now. I was hoping someone had experience with this. I am sure he was not the only one ordered removed in absentia. As for the question about when to file if you are waiting out the ban, anyone know if I have to wait until the 5yrs is over before actually sending I-130 petition again???

Thanks again-it was worth a try!!

[Pinkpig]

I am so sorry about this. I do not recall anyone else ever being charged with this. I hope that you find some answers. I do think that you would be eligible to receive the visa the day after you have served the 5 year ban. So you would want to schedule your visa interview to occur on the day after the 5 year ban is up.


http://carlshusterman.com/barmemo.html

43. INA 212(a)(6)(B) ("6B") relates to an
alien who has failed to attend or refused to
remain at a hearing to determine the
alien's inadmissibility or deportability.
This ground of inadmissibility renders the
alien ineligible for a visa for five years
after
departure. This section applies only to
proceedings that were commenced by the filing
of a notice to appear on or after April 1,
1997. Because 6B applies only to cases where
the proceeding was commenced by a notice to
appear filed on or after 4/1/97,
and because the filing of a notice to appear
necessarily predates the hearing itself, it
follows that, for 6B to apply, the hearing
itself must also have occurred on or after
4/1/97. If proceedings commenced against the
alien prior to 4/1/97, then 6B would
not apply, even if the hearing itself
occurred on or after that date. The class
code for this ineligibility is 6BR.



http://immigrate2us.net/forum/showthread.php?t=12312

[Ginger]

I have never hear of 5 year ban for not attending a hearing either. Did they give you a statute # so we can at least do a research online?
As for the waiting to file I-130: you have mentioned that you already have one pending. Does it mean that I-130 was approved?
If YES, you do not need to fill out other one. As soon as I-130 is approved, it is good for life ( not expiration time).
If it was not approved- why do you need to call a petition out to file another one?

Please clarify this matter.

I do not believe that you need to wait for your ban over in order to apply for I-130. Moreover, I would suggest you have all papers ready (including approved I-130) so on the day when you ban will be lifted you can apply for the visa.

Even if consulate tells you that you can not apply for the I-130 you can still do it ( in the US).

Now, in 2009 you will have 5 year ban lifted, what about 10 years ban. It almost sounds that you have 5 year ban where you have to wait to apply for the waiver. In this case, after 5 years you will have to apply for the visa, get denied and them submit a waiver.
If there are any ban for not showing up for the hearing, you can try to figure out how to make it removed ( for example if you did not get mail that you have to show up to the hearing due to ….). If you will be able to give us more info, it would be easier to figure out what is going on.

Good luck.

[rkzal]

Ginger and PinkPig thanks!!

Yes, we have an approved I-130. We were denied for the K-3. So if there is nothing I can do but wait out the ban, do I now file the I-824 to them to forward the I-130 to Honduras? What about filing the I-129f again?

212 (a) (6) (b)