3 year ban and a sure denial

[crb3]

Hello everyone!

We haven't filed the I-130 yet, but going to do it soon. I have a 3-year ban, and it's been a year since I left the USA, it was my own decision. We don't have any good hardships (thank God, I suppose!), so we will most likely be denied. Sorry if it's a stupid question, but can somebody clarify this for me: if we filed I-130 now, got the interview in about a year, then filed the waiver, they would review the waiver and probably deny because of no hardships, what happens after that? Will I have to wait till it's been 3 years, then file I-130 again, or maybe just file the waiver again, or will they just tell me to come back after 3 years and get the visa? I'm going through Warsaw-Moscow scenario. I would appreciate any information regarding this!

[sdgcas]

It sounds like you only have two years left on your ban. If you are filing through Warsaw, you would be adjudicated in Vienna and they are taking 7-12 months. Your I-130 would probably also take 7-9 months. If you know that you will be denied the I-601 then maybe it would be best to wait about a year and a half, then file your I-130, then by the time its approved, you will have no ban and no need for the I-601. You'll also save some money.

[crb3]

sdgcas, thanks for your answer! We are thinking about waiting to file, but you know how immigration works: things can be lost, additional requirements arise, and I would hate for it to take longer than 3 years.
I'm pretty sure the waiver would go to Moscow in my case because I'm Belarusian, and even though the embassy is in Poland, they send them to Russia.

I do have a question still: assuming we go through with filing everything before it's been 3 years, what happens after the waiver denial? I know people with more compex situations and 10 year bans usually try to appeal it, but it wouldn't make much sense in my case, so would we have to refile anything after 3 years are up, or what? Can somebody please clarify that?!

[MMGCA]

Welcome and good luck!!

[crb3]

Thank you guys for welcome and good wishes!

I do need somebody to answer that question for me! Is there nobody who had a 3-year ban and a similar situation?

[emt103c]

You can also go ahead and file the I-130 to get it in line since its taking anywhere from 6-9 months to process right now and then stretch out each step of the NVC processing.

The way that USCIS is, it is better to go ahead and be through with that part. . .you have up to a year to do each step of the NVC process, and it does take MONTHS to get an interview usually. . .you can also reschedule appt's once you've gotten them in order to be past your "ban" time. It is avery easily manipulated timeline.

[Pinkpig]

If I were you, I would go ahead and file. Things can happen in immigration that no one could ever imagine until it hits you in the head. Procedures, staffing, etc. change in immigration on a dime, with no warning. You just never know what the timelines may be. You can slow the process down at several steps along the way, but there are very few ways to speed it up if you want to. I can think of two, being sent to Iraq (active duty military) or catastrophic illness to the USC.

When you have served your 3 years outside the US your ban is over and they cannot use that as a reason to deny your visa.

We have had members who had a 3 year ban and were denied a waiver approval. When the ban was over they returned to the consulate and were given their visa. I just cannot remember which country this was...

The answer may be on the spreadsheet under notes. The link is in my signature.

When you get closer to the time when they would require a waiver you can decide if you want to go that route or not. I suspect that that may be at least one year after you first file.

So at that point in time you could decide if you want to spend the money and the aggravation to file the waiver or just wait out the ban.


No matter what you decide, I would recommend a consult with an experienced immigration attorney, before I would file any paperwork. There are small things that can come back to bite you in the butt. It is best to understand and confirm all the facts of your case before you start.

But, the answer to your original question, based upon the facts that you have presented is probably yes, when your ban is up you can just reschedule your visa interview and you should be given your visa.

One little caveat: different consulates may have different procedures. They could make you jump through some extra hoops if they decide to.

[crb3]

emt103c, Pinkpig, thanks so much for your helpful suggestions! I think we will start this process soon and see how it unfolds.

[llanderos11]

Welcome to the site. We are all here for support. Good luck.

[Pinkpig]

emt103c, Pinkpig, thanks so much for your helpful suggestions! I think we will start this process soon and see how it unfolds.

You are welcome. Good luck. Let us know how it goes... :)

[Cherokee]

Also, they keep raising the fees for all of these forms. So, you should file the I-130 before it goes up again--but I agree with Pinkpig, speak to a lawyer first.

[Ginger]

I have heard that 3 years ban are more difficult to get wavier approved. I would say, apply for the waiver, if you would be denied, just wait for 3 years ban to end.

This is what would happen: after 3 years ban you can go to the embassy, apply for the visa and Welcome to America. I would suggest applying for the I-130 and for the visa in advance so you can have all papers ready and when 3 years pass just get your visa.

IF you would have a pending waiver application on that day, you will have to stop/cancel it since INS can not allow you to have 2 different applications pending.

From the old forum it was a girl, who’s bad was ending and she went to the Embassy and got her visa. So it is possible.

Good luck.

[Kolken]

Did you depart the United States pursuant to a voluntary departure order?

The reason I ask is that if you have accrued more than 180 days of unlawful presence, but have departed the United States pursuant to a grant of voluntary departure prior to accruing one full year of unlawful presence you are not barred from returning and do not need to establish hardship to your United States citizen spouse when visa processing.