Visa application process

[norbertglez]

I need to know based on this information if I need to continue with the visa process or seek another attorney to file a motion, or is it too late for that and go ahead and continue with the DS-230 (up to this point so far)?

I'm really interested in knowing more about similar situations and was wondering if you have anything similar but instead of EWI's I need to know about entering, caught at border and then she was giving a citation to appear in court but never did. She was only 14yrs. old when she entered the country and stayed until past more than a year after her 18th birthday. She was caught driving with expired tags in 2001, and when the officer check his computer during the traffic stop, she had an order for deportation, and failure to appear in court all these years. She was detained and we (family) got a lawyer who got her out under the defense that the citation should had been giving to an adult and not to her during that time. Lawyer states that she still gets the 10-year ban regardless because of the after the 18th birthday deal. When we got her out of detention she was married to an US citizen a month later (they were together way before all this happened) and she went to court after the lawyer got her out detention, and the judge allowed a voluntary departure. If you need any more clarification, please let me know. Thank you

[y14gemini]

:wave: Norbertglez! Is there any way you can provide a timeline? Where is "she" now? Is "she" your wife? Are you stating that she originally had an order of deportation and when she went to court you (lawyer) were able to get it to a VD? Who is the USC that she is/was married to? Where are they? Dd they submit any papers to USCIS for any type of relief?

[Adriane]

Hi, Norbert, and welcome!

Okay, so this is your daughter?
And she entered the US one time when she was 14 and stayed? And never left until her voluntary departure?
How did she enter in the first place?
What exactly happened when she was caught?
What is her home country? Honduras? I ask because I'm guessing it's not Mexico- generally speaking (although not always) when they catch a Mexican national near the border, they deport them immediately in a process called a "throw-back." Central & South Americans were (not anymore) commonly given court dates and 90% never showed. And most were then ordered deported in absentia.

What it's important to figure out is if she is banned for 10 years under 212 a 9 (b) or for life under 212 a 9 (c). Before you panic, 9(B) is the most common ban and it is immediately waiveable with an I-601 waiver. Approval rates vary by country as do waiting periods and the degree of hardship you would need to prove. If by chance she is from Mexico, she is extra lucky as Mexico has a Pilot Program that allows about 50% of waivers to be approved same-day. They also have the highest approval rate in the world. Other Latin & Central American countries also have very high approval rates, but they do not have the Pilot Program.

If the deportation en absentia has been overturned, she won't need an I-212 waiver, which is to overcome deportation. But I would have one ready just in case. You would file them together and generally if your I-601 is approved, then your I-212 is approved along with it. It's just an extra fee & an extra hassle and the degree of hardship proven to her US citizen spouse needs to be slightly greater.

Unless I'm missing something huge, she shouldn't have the 9(c) ban, which is good. The 9(c) ban is a lifetime ban and although it is waiveable, it can not be waived until the alien has first spent 10 years outside the US.

You said you were working on the DS-230? So I assume that you've filed an I-130 and had it approved? At this point, you need to start working on your hardship case. The most important thing to remember is that all the hardship must be to her US citizen husband. Hardship to her is irrelevant. Depending on the country you are filing through, the 'intensity' of your letter will need to be stronger.

If you can give more details about the case (most importantly whether she ever entered & left, how she entered and what country she is from) we can try to help more.

[norbertglez]

Thanks so much for your prompt response. Very clear and helpful so far.

She's my niece.
Yes, she entered when she was 14 with her adult aunt and stayed until she was caugth at the age of 20.
She entered thru Arizona and were caught there by immigration.
She was giving a court citation or something like because she was not admissable.
She's from Honduras.
Her husband is an US Citizen.
Yes, she had an order of deportation in absentia. That's why when she had the traffic stop, the officer was able to arrest her based on the information on his computer about her not going to court and the deportation status.

I hope this helps. If you need any else please don't hesitate to ask.
Edit:
Forgotten Details:

The I-130 petition was approved and we're working on her DS-230 information as we speak.
She's now in Honduras since September of 07, which was the time of her voluntary departure.
The lawyer said that after getting her out of jail, even though he got her because she was a minor while the courts ruled deportation in absentia, that the best thing for her was to marry her US citizen husband and to do the hardship letter after the visa process.

[JennyM]

It sounds like she'll have to file an I212 along with the I601. Her husband is the one who needs to prove hardship with a "qualifying relative letter"

[norbertglez]

What's an I212?
Edit:
August 07 - Petition approved
March 08 - Fees paid for change of agent
May 08 - Completed I864EZ package
July 08- Working on DS-230, waiting for her signature on line 25 to be mailed back to US to submit to NVC.

[JennyM]

It's what you fill out if you've been in deportation proceedings

[norbertglez]

Thank you all so much for your replies. This is Aneth's husband and I really appreciate what her uncle and you guys are doing to try to get some extra information. At this point I guess all I can do is complete the visa application process? Am hoping to go to Honduras if her interview is granted. Adriane, thank you so much for those encouraging words. I hope this is all over with within the next 6 months.

[JennyM]

I hope this is all over with within the next 6 months.


If you havent' even filed the I130 yet....ummm, you got a whole lot longer then 6 months.

[Laura]

Yeah, it's going to take around 6-9 months for her waiver to be decided, and that is after the visa/NVC process and her interview.

For now her husband should be concerned about putting together the best waiver packet possible to prove the extreme hardship he will suffer if she is barred from the U.S. for ten years.

[norbertglez]

JennyM, We are working on the DS-230 package as we speak. Use the previous emails to give out proper responses. Thank you so much for all of your help.

[JennyM]

Ok. You edited it AFTER I already read it but good luck with whatever you decide.