we have a appointment for the third time

[alexc09]

hi i just wanted to tell my case and see if anyone has anything to say that can help me and as well someone that has a similar case as me ,,,
i filed a petition for my fiance in july 06 and it was approved i had my appointment in january 07, in the medical exam my fiance said that he had tried drugs almost 3 yrs.. (my fiance didnt know that people got punished 3 yrs for drugs) so they told him to return when the 3 yrs were up.. the 3 yrs would be in march 07 so they told us that we would get another appointment after march 07 so we got another appointment for june 07 .. in this appointment when he was in the medical exam they said that the tests were not clear that something in his urine was unclear .. and in the consulate appointment they asked him if he had been in the united states illegaly and he said no.. as we had stated in the forms .. but they said that it was a lie because in the records it showed he had been in the united states ....which is true... so they said they could not give him the visa in that moment because now he needed a waiver....also in the medical part they told him he needed to have drug tests where he lives to show he is clean now ..................... Now my concerns i dont know what to advise him to say now that they have caught us with the lie that he has been in the united states .. in the waiver it asks how many times he has been there and when... we dont know which of the times they know he has been there .. also we have a child together but we didnt inclued him in the forms and we dont know if we should tell them or not at this point......my baby is us citizen... is somebody in a similar case??? or can somebody help me???/

[alexc09]

i wanted to add that he was caught and was sent to mexico once ... and went back to the US but then he return to mexico by himself....

[Laura]

Hi Alex,

So your last appointment at the Consulate was last June? What did they tell you at that time, that he could file a waiver but first would have to provide evidence of drug rehab? Is he getting drug tests now? He needs to do that.

This sounds like a really complicated situation. Lying to the consulate is a big deal, you are lucky they even stated you could file a waiver. But I'm also confused about that...

If you could provide a little more information on your fiance's history, that would help. When did he first come to the U.S. (approximately) and when has he left and came back?

You need to start reading and researching. This is a complicated situation and from what you are explaining it sounds like he might not even qualify for the waiver.

Here are some things to read first off...

Guide to legalization for undoc. significant other (http://immigrate2us.net/forum/showthread.php?t=2395)

EWI and Bans (http://immigrate2us.net/forum/showthread.php?t=5710)

[alexc09]

yes our last appointment was in june 07... they said he needed a waiver because the illegal entrance to the US ... but first he had to do the drug tests which we already have .. we went to a clinic here where we live and told them it had to be a day that they would call him without him knowing.. so they did we have 3 tests all are negative .. also they told him that he needed to attend a class for those on rehab and that he should ask for a letter that stated that he went.. we have that too..(( the thing about this is that in the first interview in the medical exam they asked him if he had ever tried drugs so he trying to be honest he said yes a long time ago.. and when they asked him when ..... he was already nervous so he just said any date .. we were lucky that he said a date that was almost 3 yrs ago)) when he came out i asked him what he said .. and i went crazy because the date he said he was already with me and he got confused when he was living with a roomate like almost 2 yrs before the date he said .. but you know that we couldnt do anything anymore.....

about the waiver .. he is elgible because hes my fiancee ... the waiver i THINK its only for those who are either fiancee , spouse , son, daughther .. i think thats why he is elgible...
we did lie about him crossing to the US but it was because someone helped us and charged us for filling out the form and i remember i did tell that person why she had answered that he never been in the US and she said it was better to say no so they would not ask me for the waiver and that they would not know he did because in there system only the person that does big crimes like killing someone or robbing actually stays in there system....

my fiances history is that he cross in 1998 and he said he turn himself in because the person crossing them ( a group) had left them there alone.. so they turn themselves in and in 2000 he went back and stayed in the US until 2006 thats when we both decided to do this legally since then he lives in mexico... we met 2003 and had a baby in 2005 ...


i hope with this info you or anyone can help me or give me your opinions ... also i hope it helps to someone in the same situation... the truth is that im really nervous since my fiance has the appointment this tuesday.. may 20...

thank you

[kitkat1]

How long was he in the US illegally in 98? Was he deported or given voluntary departure? If he was in the US for more than one year illegally OR was officially deported, and then reentered illegally in 2000, he will not be eligible for a waiver until he has spent ten years outside the US - even as as fiance or spouse or qualifying family member.

You need to tell the truth at the appointment -- all of the forms indicate the fines and penalties for lying. And you should be prepared with proof of drug rehabilitation. And have your waiver hardship packet and evidence ready, as well as a waiver appointment set up. Have you done this yet? Oh, and stay away from people who tell you to do illegal things like lie during the immigration process. Lying can result in being charged with misrepresentation - which requires a waiver.

[tasksgirl]

Oh that IS a tricky situation.. I haven't really heard of turning himself in.. LIke what happened to MGarcia it's sometimes unclear if something is a catch and release or a deport.. but since you are already IN mexico you have nothing to lose but time and money if you try to submit a waiver..

BTW you can't lie or try to hide it from them - they will figure it out - just try the waiver..

[Mami-cinco]

Oh that IS a tricky situation.. I haven't really heard of turning himself in.. LIke what happened to MGarcia it's sometimes unclear if something is a catch and release or a deport.. but since you are already IN mexico you have nothing to lose but time and money if you try to submit a waiver..

BTW you can't lie or try to hide it from them - they will figure it out - just try the waiver..

I saw on a documentary where a lady got lost from the group and was out in the desert for 2-3 days alone. When she saw a U.S. citizen, he told her legally he could not transport her-even for humanitarian reasons but that he could get the border patrol for her. She was desperate and eager at the point to be rescued by boarder patrol. Could be something similar???

[tasksgirl]

Oh yeah I mean I've heard of that several times I just haven't heard before what that means legally and when you try to adjust.. :(

[alexc09]

hi im sorry i wasnt able to write during this days...

he was illegaly in the US about 6 years when he entered in 2000....
in the first form we filled out i think it was the ds-156 it asks if he had ever been in the US illegaly and answered no but now this time we answered yes and for 6 years since in the other interview he had already said that... i didnt tell my fiance that there was a possibility to be punished for ten years .. but i was so stressed, sad and desperate but when he went to the appointment may 20 i waited for him outside and there was a girl with his dad waiting for her husband who had the same years illegaly in the US and i told her that if she knew he could be punished for ten years but thennnn she told me that their was a lawyer who was helping them and she said that there was a new law that was like on trial ((( i dont know if i used that word right )))) that it had pass this december or january that it said that anyone who had been in the US more than one year illegaly was not going to be punished 10 years but only 2 months more o less but not 10 years and it was because alot of people was saying that 10 years was alot and this and that and it seems it worked and i believe its true because now we have an appointment august 5 for the 601 waiver... yayyyy!!!!

[gatita]

hi im sorry i wasnt able to write during this days...

he was illegaly in the US about 6 years when he entered in 2000....
in the first form we filled out i think it was the ds-156 it asks if he had ever been in the US illegaly and answered no but now this time we answered yes and for 6 years since in the other interview he had already said that... i didnt tell my fiance that there was a possibility to be punished for ten years .. but i was so stressed, sad and desperate but when he went to the appointment may 20 i waited for him outside and there was a girl with his dad waiting for her husband who had the same years illegaly in the US and i told her that if she knew he could be punished for ten years but thennnn she told me that their was a lawyer who was helping them and she said that there was a new law that was like on trial ((( i dont know if i used that word right )))) that it had pass this december or january that it said that anyone who had been in the US more than one year illegaly was not going to be punished 10 years but only 2 months more o less but not 10 years and it was because alot of people was saying that 10 years was alot and this and that and it seems it worked and i believe its true because now we have an appointment august 5 for the 601 waiver... yayyyy!!!!

This is not making any sense to me.

Your fiance will have at least a 10-year ban. There is no 2-month ban for anyone.

Also, I thought if an applicant was found to use drugs that they had to come back and try again in three years, after showing proof of rehab, etc. You state he had a three-year ban for drugs, but then he went to a second interview 3 months later?

Also, are you saying that he crossed illegally twice?

Can someone else chime in on this? It just doesn't sound right to me.

[mayita]

OK..A lot of things are not adding up..you said in jan 07 (16 months ago) they told you to coem back in 3 years time..How were you able to go back sooner? The way I understand it is..in 98 he was caught and thrown back. Then he returned in 2000 and stayed until 2006 and is still in Mx, Right? Why wouldnt you mention the baby before now? Do you have your HSL ready? If not, read up on this site about how to make a good HSL, and PRAY! Good Luck

[alexc09]

he is not going to be banned because what i explain a girl told me """may 20 i waited for him outside and there was a girl with his dad waiting for her husband who had the same years illegaly in the US and i told her that if she knew he could be punished for ten years but thennnn she told me that their was a lawyer who was helping them and she said that there was a new law that was like on trial ((( i dont know if i used that word right )))) that it had pass this december or january that it said that anyone who had been in the US more than one year illegaly was not going to be punished 10 years but only 2 months more o less but not 10 years and it was because alot of people was saying that 10 years was alot and this and that and it seems it worked and i believe its true because now we have an appointment august 5 for the 601 waiver..."""""""""""""""

Second he wasnt using drugs he said he had used before and he said a date that was 3 years ago.. so that was the 3 years that had to pass for the new appointment

one of the times he crossed he turned himself in... because he was lost and left behind by the person "helping" him and then the second time he stayed 6 years and thats what he said in the interview and they told him he did qualify for the waiver i just had to sign a letter that said i wanted the waiver and he turned it in the next day after his appointment and they gave him the packet with the instructions for the waiver and the number to call to make the appointment and i did and now we have the appointment august 5 2008...

[alexc09]

ok about the drug part he said he had done drugs in March 2004 so in the interview in January 2007 he only needed 2 more months to have completed the 3 years clean... ( in March 2007 it was the 3 years) thats how we got the appointment so quick

he entered in 2000 and went back to mexico in 2006


about the baby .. Good question.. we didnt mention it because of bad advice the person who was "helping" us said that since our baby was a US citizen there wasnt a need to put him there since we were not asking for a visa for him .. the person told us that it was going to make the process even more longer since we had to submit documents for our baby too and that it was just unnecessary paper work

i dont have the HSL yet because i dont know what to say since i dont have medical issues most of my family is in mexico.. most of his family is in mexico . i dont have a stable job so im really worried.....

can anyone help with any ideas????? it will really help and i will appreaciate it alot......

[mayita]

Alex, you have a big job ahead of you. READ everythng on this site about the HSL, theres lots of advise here. Go thru all of the "stickys" that pertain to the HSL and ask lots of questions. ##That whole thing about the "new law", no such thing. You didnt get your waiver because of a new law or simply because of the fact that your his fiance, you got approved to turn one in because he was found to be eligible. You have your work cut out for you. Godd Luck!- Also, theres a lot of examples of approved hardship letters on here. You need to prove Extreme Hardships and have strong evidence. Get Busy!;)

[angela256z]

Wow this is very complicated. First I can not believe they are letting you file a waiver after it was stated no entries. You are very lucky there. Start getting your HSL together for your appointment. Make it really good with lots of evidence and your husband could be approved on the spot with the pilot program.

Best of luck to you.

[alexc09]

yeah i cant believe it either but im glad that he was elgible for the waiver.. but now my worry is the HSL ... i have read a few examples of the approved letters but they all have medical conditions .. and i cant think of one for me ... i think our son is going to be our strongest example and i was thinking or the danger here where he lives which is in the border in tecate and tijuana because recently there has been alot of killings between police and drug dealers...... thats all i can think of ..

[y14gemini]

I wish you the best of luck! As stated before you have a long road ahead of you. If he EWI once and then was deported or left and then came back for another EWI and then stayed until 2006 when he left on his own, there is a ban for 10 years. Hopefully this will not catch up to you. You have admitted to lying on your forms which will cause MISREP if it catches up to you. And the others are correct, there is no 2 month penalty. It is just coincidence (sp). Once again Good Luck!

[alexc09]

i dont know what happen exactly but im just happy the way things are going .... they didnt mention that 10 years ban ,, its no secret to them that he was 6 years in the US so they are aware of that and they still gave him the packet for the waiver... i hope that they dont say it was a mistake and tell us about the ten years ban ...but in any of the cases i will write it here and let you all know what happen in august 5 2008.... :)

thank you for everybody who did a reply and for the luck .. me too i wish you all the best of the luck.

[Salsa2]

You have the ten year ban. They are allowing you a chance to get around the ban by filing the waiver. If you are not immediately approved in August your fiance will have to continue to wait in mexico while they make a decision on the waiver 8-12 more months. At that time, they could decide to grant the waiver or they can deny the waiver and you will have to try again at a new appointment or wait out the ten year ban.

Start writing your letter and gathering your evidence. The evidence is what proves your case, so concentrate on that! Good luck!

[alexc09]

yeah im working on it ... im thinking what i can put as evidence .... first that my child is 3 year old i think i can write alot about that, also that its causing me a lot of stress which is bad for me because i suffer from migrane also the violence in mexico right now.... thats what i have though so far... :(