Help Help Help!

[bredker]

I have a crazy story to tell but one that is sincere and honest…..

I am 27 yr old American Citizen that met the most wonderful girl in Puerto Vallarta, MX. I have been back several times to visit her and am thinking about a possible future together. One small problem though…

She has a brother who is legally living in San Francisco, and owns his own company. After graduating college in Guadalajara in 2001, she was traveling back and forth from mexico to San Francisco to live with her brother, on 6-month intervals. She never over-stayed any 6-month period. Once the 6 months were close to being up, she would travel back to Mexico for a week or two, and then get another 6-month permit. While in San Francisco during one of the 6-month periods, she decided to go on a vacation with some of her girlfriends to Europe. Upon return, they said that she was spending too much time in the USA, and not enough in Mexico...She was also "accused" of working (no proof) because of this, and they "grouped" all of her "less than 6-month visits" together to get an over-stay, and gave her documents stating that she had a "5 year ban", and was deported. Her parents and familiy have plenty of money so she did not have to work. She was just taking an English as a Second Language class to better her english after she completed her bachelors degree in Guadalajara.

I would be fine with a 5-year ban as it has been almost 3 years since it happened. She has always been a law abiding citizen, and did not knowingly break any rules. Plus, I am not aware of any rules that she broke.

I live in the Washington DC area, and spoke with an immigration attorney. She seemed very nice at first during the consultation, but she had never seen a 5-year ban like this and had to get back to me after my visit so she could consult with other attorney's who had more experience. When she called me back 4 days later, she was very rude and just said that she actually should have a 10-year ban, and to disregard the paperwork she was given at the time of deportation.

This would drastically change things for us. It is so hard to see the millions of illegals here with no problems, while she is the nicest, most law-abiding person I know and she cannot come here for 10 years. The attorney also said not to bother with a 212/601 waiver because chances are extremely slim it would be granted. Plus, we would have to be married, it could take 1-2 yrs, and it would cost at minimum $4,000.

I guess I had a false sense of hope that maybe the entire deportation was a mistake after the initial consultation with the attorney.

Also, if you could, what are chances if she were to wait out the ban and then try to come back with me as her husband? I work for federal govt. and can get jobs overseas fairly easily, so I am also keeping that as an option in order to be with her.

As far as the I601 waiver is concerned and what is deemed a "extreme hardship", I am a cancer survivor, as I had cancer in one of my kidneys at a child. It does not really require any further medical attention today, but I am curious how honest you have to be on the 601 waiver application. It seems like, from the ones I have read, that people make a big deal out of seemingly small problems. Is that normal and is that something I could almost fabricate in a way as something that I need her here for?

Any help you can provide would be amazing…

Thank you for your time and god bless…

Bryan R

[Laura]

Hi Bryan,

You do not have to be married. You can file a K-1 fiance petition and submit an I-601 waiver for your fiance. If they are interpreting all her time in the U.S. as more than a year of overstay, then it is indeed a 10-year bar. However, that bar is waivable, and if she was deported, she will require an I-212 waiver as well.

As far as hardships, "fabricate" is not a good choice of words. You are required to document everything you state. Well, not required, but generally if you make statements about your health you have to back them up. But most anyone can make strong arguments that they will suffer extreme hardship if they have to relocate to Mexico for 10 or in this case, 7 years. You can use career and education for hardship. You can use any family obligations that require you remain in the U.S., etc.

I would encourage you to go to the sticky posts at the top of this forum and read some of the approved letters in the Examples thread. Jump around a bit. Some of those are years old, and if you go to the last page you will find more recent ones. While some people have a lot of medical stuff, others definitely do not, and have been approved. It's mostly about documentation and making strong arguments that your life will be affected in a terrible way if you have to move abroad.

You don't need to mention every other option you have and you can use the worst-case scenario argument.

I hope that helps. :)

[jsierra1982]

This would drastically change things for us. It is so hard to see the millions of illegals here with no problems, while she is the nicest, most law-abiding person I know and she cannot come here for 10 years. The attorney also said not to bother with a 212/601 waiver because chances are extremely slim it would be granted. Plus, we would have to be married, it could take 1-2 yrs, and it would cost at minimum $4,000.


first of all, please be careful what you say about illegal immigrants. i understand your frustration about your ban, but to say that the illegal immigrants in this country are living here with no problems is, well, wrong. it is immensely difficult to do everyday things like getting housing, it's a rough life, and most of them ARE nice and law-abiding except for the manner in which they entered the country, which resulted from extreme situations in their country. my husband, for example, was living in a house without an indoor bathroom or running water until he came here and started sending money back to his family. plus, there are many US citizens that are NOT nice and law-abiding, so it's not something that should be tied together.

second, when your fiance was going back and forth, was she entering with a visa? if so, you should be eligible to file the waiver for the overstay. and it is totally doable on your own without paying a lawyer that much money. also, you do NOT have to be married. you can file as a fiance. you also do sound like you have extreme hardship based on your health history. yes, it is time consuming, but it could potentially be done within a year if you are approved through the pilot program.

[Cherokee]

first of all, please be careful what you say about illegal immigrants. i understand your frustration about your ban, but to say that the illegal immigrants in this country are living here with no problems is, well, wrong. it is immensely difficult to do everyday things like getting housing, it's a rough life, and most of them ARE nice and law-abiding except for the manner in which they entered the country, which resulted from extreme situations in their country. my husband, for example, was living in a house without an indoor bathroom or running water until he came here and started sending money back to his family. plus, there are many US citizens that are NOT nice and law-abiding, so it's not something that should be tied together.


:ditto:

[adeildo]

bredeker- I just want to let you know "IT IS SO HARD TO SEE THE MILLIONS OF ILEGALS HERE WITH NO PROBLEMS" the millions like you said, they have alot problems everyday, thay are people like your girlfriend, just want to have better life, everybody here have or had the same situation you are in now, everybody here has husband, wife and childrens USC !!!!!!!!!!!!!!

[Laura]

first of all, please be careful what you say about illegal immigrants. i understand your frustration about your ban, but to say that the illegal immigrants in this country are living here with no problems is, well, wrong. it is immensely difficult to do everyday things like getting housing, it's a rough life, and most of them ARE nice and law-abiding except for the manner in which they entered the country, which resulted from extreme situations in their country. my husband, for example, was living in a house without an indoor bathroom or running water until he came here and started sending money back to his family. plus, there are many US citizens that are NOT nice and law-abiding, so it's not something that should be tied together.



Oops, I skimmed over the offensive part the first time!

Living in the U.S. on a tourist visa, just so you know, is illegal. You said your girlfriend was basically living here for six months, then going home for a week or two. That is illegal. It is not a valid use of a tourist permit to live in the country.

But anyway no one is judging because the vast majority of us are married to the people you are referring to as "illegal." Jsierra is right. Most of our spouses came here out of desperately poor situations. They were making a decision that altered the futures of their families.

Back to your issues - 80% of the people on this site have their waivers immediately approved in Ciudad Juarez. Because your GF's situation includes a deportation, she is probably not going to be approved immediately, but if you can put together a good hardship packet, she can eventually be approved. You are looking at 6-9 months from filing the K-1 to a fiance visa interview, and 6-12 months for waiver adjudication.

[bredker]

I apologize, that did not come across as intended. I sympathize 100% with people that have immigrated here, legally or illegally, and in no way meant to belittle them as human beings. I personally feel that all illegals, if they have little or no criminal record, should be granted citizenship. Again, my apologies.

[chalakita]

I am an illegal alien, and my life has been everything BUT EASY! I know I broked the law and I've been paying for my mistake. But taking ESL classes with a tourist visa is illegal too. Listen, I dont want start a confrotation there is not point for that, but please dont judge ppl you dont know.

I wish you the best of luck in your process! We are here to help each other, legals or illegals, we dont care....

[Laura]

I apologize, that did not come across as intended. I sympathize 100% with people that have immigrated here, legally or illegally, and in no way meant to belittle them as human beings. I personally feel that all illegals, if they have little or no criminal record, should be granted citizenship. Again, my apologies.

It's okay Bryan. Thanks for this. :)

[adeildo]

attention, becareful with what you write to can hurt others. this site is here to help one and other. is ok for people never been ilegal, but for people who been ilegal is a big offense!!!!!!!

[banshboy]

BREDKER- I'm new to I2US also, so I can't really offer you much advice. The only piece of advice I might offer you is that next time you request some "HELP HELP HELP", you might want to chose you words more wisely. You overgeneralized when you said, "millions of illegals" are living in the US without problems and also that people who have submitted HSLs make a "big deal out of small problems." Until you can say you were ILLEGAL in the U.S. I don't think its for you to say that they live there with no PROBLEMS. I do not no anything about your personal life, but I am almost certain you and this "girl from Guadalajara" don't have any kids. If you did, you might not think a separation argument, which the majority of the HSL here include, is a SMALL problem. I know, or at least HOPE, insulting us at this site was not your intention, but I for one did take it as one.

[jsierra1982]

I apologize, that did not come across as intended. I sympathize 100% with people that have immigrated here, legally or illegally, and in no way meant to belittle them as human beings. I personally feel that all illegals, if they have little or no criminal record, should be granted citizenship. Again, my apologies.

it's all good...sometimes things don't come across the way you mean. i wasn't trying to snap at you or anything, it's just that, well, you know, my husband and my 3 BILs are illegal and i love them to death. they are honest, hardworking men who have never been in trouble with the law (except for traffic tickets LOL). i wish you all the best with your girlfriend and your papers, please remember that it IS doable--just start ASAP with the i-129f and we will help you along the way.

[Tammy317]

Open mouth, insert foot!
Follow the advise Laura gave, it's good... and good luck to you and your fiance!
P.S. I LOVE MY ILLEGAL IMMIGRANT!

[monki12]

Hi bryan..
There have been a coulple members who have submitted waiver for exactly your same situation....they overstayed thier visas. At their waiver appointmet they were backlogged because of the deportation. do you have document that says she has a five year ban? if not you could at least get the process started by filling out the I-129f.

As for the comment i understand you, when i fist started this process i must have been on different forums...some were very rude and harsh, this site is not like that and you found out the hard way:blush: we are all here to help. we have respect for eachother (even when we have heated discussions) I hope that you can benefit from this site....like we all have....

:welcome:

[bredker]

Man-o-man, I guess I need to go back to school to learn how to write in order to not be mis-understood.

When I mentioned the I601 and people making a big deal out of small things, I was referring to MEDICAL PROBLEMS, not being seperated from family/loved ones or anything else! People have said "the air is not clean", and "my asthma is to severe to live in the climate" and things of that nature. Seemingly things that anyone could say in their letter if they wanted to. I was simply stating what I had seen on SOME (not all) of the HSL's posted online. That is very important for me because I have had medical issues(past and present) that I may be able to use. Previously, I wouldn't have thought to include them in the letter, but now I am realizing I could make a strong case using them.

As far as the comment on illegals not having problems, I was talking about problems "staying here in the USA". I could be wrong, but do illegals have a hard time staying in the USA once they are here illegaly? Are they constantly at risk of being deported? I, by no means, was saying their life is easy in ANY way being an illegal immigrant.

I came on here sympathizing with everyone just looking for help and all the sudden I am being attacked. I sympathize with everyone in this unfortunate situation. I now know how much of a crapshoot it is. I also understand that most people on this site have it worse than me, being married or with kids already.

I think people need to re-read comments/questions and give people the benefit of the doubt before making assumptions and putting words/ideas into other peoples mouths.

[JMRJ]

After graduating college in Guadalajara in 2001, she was traveling back and forth from mexico to San Francisco to live with her brother, on 6-month intervals. She never over-stayed any 6-month period. Once the 6 months were close to being up, she would travel back to Mexico for a week or two, and then get another 6-month permit. While in San Francisco during one of the 6-month periods, she decided to go on a vacation with some of her girlfriends to Europe. Upon return, they said that she was spending too much time in the USA, and not enough in Mexico...She was also "accused" of working (no proof) because of this, and they "grouped" all of her "less than 6-month visits" together to get an over-stay, and gave her documents stating that she had a "5 year ban", and was deported. Her parents and familiy have plenty of money so she did not have to work. She was just taking an English as a Second Language class to better her english after she completed her bachelors degree in Guadalajara.



OK, I have a different opinion. My opinion is based only upon the information you supplied. It may not apply to your case if there are other details not stated here.

I believe 5 year ban applies to your girlfriend's case due to the expedited removal.

I don't see where 9B = (3 of 10 year ban) applies to this case unless she overstayed more than 180 days of unlawful presence. This is what DOS memo states: ( b, for your info, this memo helps the consular officers decides the applicant's case)

III) Alien entered on B visa, admitted for
six months, overstayed an extra five months,
departed, returned and is granted
another six months, overstays an additional
four months (total time in U.S. 21 months,
nine of which was as an overstay): not
subject to 9B because no single period of
unlawful presence exceeded 180 days and
periods can't be aggregated; subject to
222(g), however.


As how I look at it, your girlfriend was subjected to 222g which means her visa was automatically voided upon a finding of a status violation perhaps.

But 222g has no relevance to Immigrant visa application.

The 10 year ban you're talking about is called 9B. 9B is an ineligibility provision - it applies to periods of unlawful presence that exceeds 180 days or more on or after 04/01/1997.

222g is not an ineligibility, per se. It simply means that the visa is voided due to a status violation finding.

I think you only need to overcome the deportation. If 5 years has passed, you shouldn't need any waiver to apply.

I strongly believe you need to hire Laurel Scott from start to finish with your process. If there will be any discrepancies at the consulate because of your girlfriend's previous history, Laurel is armed with knowledge and be able to contest any ground of inadmissibility that that the Post might render - if need be - errors do happen and occur. It's best to have your grounds covered.

Welcome to the site!

[tasksgirl]

Hi! Welcome.. I also believe you should hire Laurel Scott.. filing a waiver is alot more simple than your first lawyer led you to believe .. BUT if it can be done without a waiver that is always strongly preferable right :wink: its kinda an iffy situation but if anyone knows for CERTAIN about that stuff it's Laurel.. you have to be REALLY careful with immigration lawyers .. the reason is because most lawyers have never even taken a class on immigration law .. there is not really much out there in the way of specific immigration law-related education .. so someone could have gone to law school .. learned about torts and criminal law and then decided to get into immigration .. they can be nice, intelligent people but it's very very difficult to learn everything - immigration law is full of very tricky situations - almost every case can be entirely different from the next .. many lawyers have good intentions but they don't always know the specifics .. with waivers especially - very little is known in the public and even in the law community about waivers .. there is a lot of misconception .. Depending on your country - your chance of getting approved is extremely high - and the time period can be very short . . especially if you start as fiance visa its even faster BEFORE getting married.

Don't worry - you are welcome here - this forum is a safe haven for us - we have seen other immigration forums where people call us names and harass us for being married to immigrants .. We have all had some AWFUL experiences so I think people get a little jumpy when they feel they are being attacked - I know you did not mean to - its all good now - please don't let that turn you off this site in anyway - I couldn't survive without this site it's been a godsend ..

Oh and yes, HSL are usually made to seem very dramatic - maybe slightly exaggerated - but I wouldn't say fabricated exactly. You just have to stretch the facts that you have as far as you possibly can while still having evidence of what you are saying. - I would definately mention your childhood cancer and state that there is a possibility of it coming back .. A piece of common advice around here is "worst case scenerio" - always show them the worst thing that could happen ( as long as you still have evidence ! ) :D

[jeannie]

I apologize, that did not come across as intended. I sympathize 100% with people that have immigrated here, legally or illegally, and in no way meant to belittle them as human beings. I personally feel that all illegals, if they have little or no criminal record, should be granted citizenship. Again, my apologies.


I'm glad you took the time to apologized.:) This was just a misunderstanding

[losguerra]

Man-o-man, I guess I need to go back to school to learn how to write in order to not be mis-understood.
Don't worry. :) Passions run high when it comes to our spouses and significant others. Many people here have been agonizing through this process for many, many years, as you probably know. Certain nerves get hit and people pounce! :eek1:


When I mentioned the I601 and people making a big deal out of small things, I was referring to MEDICAL PROBLEMS, not being seperated from family/loved ones or anything else! People have said "the air is not clean", and "my asthma is to severe to live in the climate" and things of that nature. Seemingly things that anyone could say in their letter if they wanted to.

Actually, the asthma thing is quite true depending on which city (and in Mexico, the cities are pretty much the only place an US citizen has a shot at making a living). I live in Monterrey with my husband and have gone through extreme physical distress due to what used to be very, very mild asthma. I nearly passed out on the job once because I couldn't breathe, the air is so polluted here! Actually, when you live in Mexico, you're likely to find out about new physical ailments you didn't know existed just due to the change in environment!

Also, if I were to use the asthma argument in my HSL, I couldn't just say that in the letter. I'd need my medical records from the US establishing my previous ability to maintain my asthma without trouble, medical records from Mexico demonstrating that my asthma flared up enough to seek medical attention, a doctor's conclusion that the pollution aggravates my condition, and data on pollution in Monterrey to demonstrate that it is even an issue (and it is, 60% of the year, the air pollution filters register above-tolerable levels of pollution).

In other words, there are plenty of hardships we experience that are seemingly small or easy to claim, but getting the documentation to prove it is a HUGE effort, and that's what actually matters in the Hardship Letter. People often spend months working on gathering the evidence for those hardship letters. You can write a decent letter in a few sittings, but backing up everything you say is a lot harder.

I've had trouble with the Hardship Letter concept because as someone who has lived in Mexico, I've seen that it is totally possible, especially when your spouse comes from a family of means in Mexico. However, even despite my husband's family privilege, we've struggled immensely here! So it's just a matter of thinking creatively, and gathering data to prove why. It would be the same for you, I would imagine.


I was simply stating what I had seen on SOME (not all) of the HSL's posted online. That is very important for me because I have had medical issues(past and present) that I may be able to use. Previously, I wouldn't have thought to include them in the letter, but now I am realizing I could make a strong case using them.
Like I said, think creatively, think long-term, obviously not inventing stuff, but just developing current minor "blips" into the large potential struggles they could become.

As far as the comment on illegals not having problems, I was talking about problems "staying here in the USA". I could be wrong, but do illegals have a hard time staying in the USA once they are here illegaly? Are they constantly at risk of being deported? I, by no means, was saying their life is easy in ANY way being an illegal immigrant.
They ARE constantly at risk. In many states, a simple traffic stop could result in a deportation. As we just learned last week, going to work in Iowa could suddenly land you in a detention center. Not to mention, the struggle of not being able to get a driver's license now, not being able to graduate from college in some places, not being eligible for decent jobs. My husband originally entered the US on a visa (not by choice, he was a kid), and the obstacles of being unlawfully present in the US were too much for him, that's why we're in Mexico now.


I think people need to re-read comments/questions and give people the benefit of the doubt before making assumptions and putting words/ideas into other peoples mouths.

You're right. There's a lot of value to being patient before we speak, but even the more cautious members sometimes slip. US immigration is awful and it really does aggravate us to do and say things we really shouldn't.

[eltopo]

You should get a consultation with Laurel Scott. Here is her website

http://www.visacentral.net/

[bredker]

Thanks JMRJ, here is what her deportation letter states:

"In the Matter of: xxxx xxxx xxxxx

Pursuant to section 235(b)(l) of the Immigration and Nationality Act (Act), (8 U.S.C. 1225(b)(l)), the Immigration and Naturalization Service has determined that you are inadmissible to the United States under section(s) 212(a) D (6)(C)(i); D (6)(C)(ii); B (7)(A)(i)(I); D (7)(A)(i)(II); D (7)(B)(i)(I); and/or D (7)(B)(i)(II) of the Act, as amended, and therefore are subject to removal, in that: 1) You are an immigrant not in possession of a valid unexpired immigrant visa, reentry
permit, border crossing card, or other valid entry document required by the
Immigration and Nationality Act;
and/or you appear to be an immigrant as you have been residing in the United States since 2003 with only brief departures. You are not in possession of any documents allowing you to reside in the US.


Signature of immigration officer
JOHN BUTLER II
Name and title of immigration officer (Print)



ORDER OF REMOVAL UNDER SECTION 235(b)(l) OF THE ACT




Based upon the determination set forth above and evidence presented during inspection or examination pursuant to section 235 of the Act, and by the authority contained in section 235(b)(l) of the Act, you are found to be inadmissible as charged and ordered removed from the United States^"

This is wierd because her Visa did not expire until 2011.

This is what the 5-year ban says

"You have been found to be inadmissible to the United States under the provisions of section 212(a) of the Immigration and Nationality Act (Act) or deportable under the provisions of section 237 of the Act as a Visa Waiver Pilot Program violator. In accordance with the provisions of section 212(a)(9) of the Act, you are prohibited from entering, attempting to enter, or being in the United States

X for a period of 5 years from the date of your departure from the United States as a consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b)(l) or 240 of the Act

[tasksgirl]

It's also weird because there really is no such thing as a 5-yr ban right?

[bredker]

It's also weird because there really is no such thing as a 5-yr ban right?
yea I cant seem to find any information about it online....

[losguerra]

and yet lately there have been so many people on here with 5-yr bans. It seems to apply to people deported for overstaying their time on their visas.

found this here (http://www.americanlaw.com/1996law.html):

INA §212(a)(9)(A) creates a 5-year bar to admissibility for an alien excluded under INA §235(b)(1) (expedited removal) or "at the end" of INA §240 removal proceedings that were initiated upon the alien’s arrival (previously referred to as exclusion proceedings). The bar is 20 years for a second or subsequent removal and permanent for aliens convicted of any aggravated felony. Prior to IIRIRA, the bar for exclusion was only one year, unless the person was convicted of an aggravated felony, in which case it was 20 years.

[Laura]

There is a five-year ban after a person receives an expedited removal, which is what it sounds like happened. But that can be waived. There is another type of 5-year ban if a person skipped out on immigration hearings. That one cannot be waived. (That's what happened to rzkal in Honduras).

However, Bryan, you said in the first post that at some point they added up a bunch of her time and called it overstay. At that point, the 5-year ban is irrelevant because if they are counting all that as more than 365 days of unlawful presence, she has a 10-year ban, even if they didn't tell you that, when she goes to her visa interview they will.

Anyway, those bans are waivable with the I-601 and the I-212.

[tasksgirl]

How can they just add it up like that? Was that a legit move?
Sorry, just trying to learn :)

[losguerra]

I actually thought that B2 visas are only valid for stays up to 180 days out of the year. But I can't find a source on that, besides a Guatemalan cousin of mine who visits the US alot....

Also, this is why some of my husband's family members only rack up 6 months of time per year in the US, and spend the other half of the year in Mexico.

[bredker]

You know, I am not 100% certain that they added the short trips together to call it an overstay. She never actually over stayed any of her visits. She doesn't have any documentation with regard to an over stay or that she overstayed XX number of days.

I think she was just visiting too often maybe? Either way, I really really hope it is only a 5 year ban and not a 10...

I will have to confirm with her wether or not they called it an "overstay" as grounds for her deportation....

[Laura]

Yikes, this is a lot:

212(a) D (6)(C)(i) Misrepresentation.- (i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

(6)(C)(ii) FALSELY CLAIMING CITIZENSHIP-

Wait a second - did your girlfriend claim she was a USC at the port of entry? Or maybe I am looking at the wrong part of the law? If she claimed USC-ship at the border she is permanently ineligible. I hope I am looking at the wrong part of the law....

(7)(A)(i)(I)
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact211a&s_type=all&hash=0-0-0-1331) , or


(7)(A)(i)(II) whose visa has been issued without compliance with the provisions of section 203, is inadmissible.


(7)(B)(i)(I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or

(7)(B)(i)(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is inadmissible.

[y14gemini]

:wave: and :welcome:! I am totally confused, if you (your fiancee) has a paper from USCIS stating it is a 5 year ban, can (s)he challenge that? When was she removed again? Hmm, I know when my husband was removed in 94 (I know that was years ago) he was given a 5 year ban, so maybe he had an expedited removal also???

[bredker]

Thanks for the info....man i sure hope not! She never said anything about that, but you never know....

[bredker]

she was removed in october 2005....and yea the documents she has say she has a 5 year ban...

The document has a check list of all the possible bans, including the 10, 20, and life-long ban, and they checked the box next to the 5 year ban.

[tasksgirl]

wow that IS alot of sections.. you need to ask her more about how did she enter and if she claimed USC..

[emt103c]

bredger, those are just the boxes that are listed on all Expedited Removals, they are not all checked, right??

If they are not all checked then JMRJ is right.

All she was given is an Expedited Removal, those ALMOST ALWAYS carry a five year ban and nothing more.

Since they cannot count legal stays or even short overstays in the aggregate, she doesn't seem to have an overstay. What is determined in the Expedited Removal is only legally binding to the extent of inadmissibility and the five year ban. It sounds to me like unless she was also charged with misrepresentation, she will only need to file an I-212 which can be done at the same time as filing the immigrant petition.

The determination of the overstay will come with the dates she puts on the DS-230 when she files and from the I-94/passport that show her entry dates.

bredker- get as far away from the attorney you consulted as possible s/he has NO IDEA what s/he is talking about.

Do a consultation with Laurel so that you can show her all of the information and get a true idea of what you need to do. Read around here as well, there are GOOD ideas here.

[Dorothea]

Hi Bryan:) I think you might be the person who emailed me yesterday?? Anyway, welcome, I'm glad you came in to post!
At first I was a bit worried about that comment in the first post, but I see you've been chastised quite enough, so I wont:wink:
I'm sorry to hear about your girlfriend's weird immigration mishap, and her bar. Check into filing the I-129F to get things started!
Good luck!

[bredker]

thank you all for your help and thoughts, it is appreciated more than you know!

Bryan