hello

[shancarlos]

Hi,
I am brand new to this website and very interested in all of your advice and support. I have spent the last couple of hours reading your thoughts and struggles and would like to share mine and maybe get some feedback. My fiancee and I have been together for two years and I am paranoid as hell!! We are planning our wedding for November and naively thought that was all we had to do. He has been here for about 7 years and left once, voluntarily, to visit family and came back again, both times ewi. I have read through the processes proposed herein and am just wondering how long it will take before he will be expected to go back to Mexico? And what are the chances he will be banned for 3 to 10 years? He has absolutely no criminal record and no deportations. He doesn't even have a passport. How difficult is this going to be? How much danger is he in now? I asked my Spanish professor for advice and he completely ignored the question, acting as though everything was business as usual. Why would that be?
Should I be afraid?

Any and all advice appreciated,

shancarlos
:btfly1:

[joy&pain]

Hi,
I am brand new to this website and very interested in all of your advice and support. I have spent the last couple of hours reading your thoughts and struggles and would like to share mine and maybe get some feedback. My fiancee and I have been together for two years and I am paranoid as hell!! We are planning our wedding for November and naively thought that was all we had to do. He has been here for about 7 years and left once, voluntarily, to visit family and came back again, both times ewi. I have read through the processes proposed herein and am just wondering how long it will take before he will be expected to go back to Mexico? And what are the chances he will be banned for 3 to 10 years? He has absolutely no criminal record and no deportations. He doesn't even have a passport. How difficult is this going to be? How much danger is he in now? I asked my Spanish professor for advice and he completely ignored the question, acting as though everything was business as usual. Why would that be?
Should I be afraid?

Any and all advice appreciated,

shancarlos
:btfly1:

Hello and welcome! Unfortunately, I cannot bring you good news... Since your fiance has EWI'd twice and accumulated unlawful presence of more than 365 days, he is subject to a 10 year bar. He is ineligible to file a waiver since he has not one EWI but two.

As far as the danger that he is in, he is subject to deportation at any moment.

I'm very sorry for your situation and hopefully others will chime in with helpful suggestions.

[shancarlos]

The question remains, however, because he was never deported, he left of his own accord, he has never had dealings with the government. That doesn't make a difference?

[kenaly]

The most common visa ineligibility is illegal presence/prior visa overstay of more than 180 days, which results in a 3 year ban. More than 365 days of illegal presence results in a 10 year ban. Note that illegal presence under 180 days does not hold a ban and does not require a waiver. Also note that illegal presence under the age of 18 does not “count”.

The ban takes effect when the person leaves the US, therefore the clock starts ticking at that point. An approved waiver overcomes the ban and results in visa issuance. Be aware that some ineligibilities such as falsely claiming US Citizenship result in a lifetime ban and waivers are not available. In the case where the applicant has been determined to be a drug or alcohol addict at the pre-visa interview medical exam, a waiver is not available and a visa is not available for three years. In these cases, the consulate generally has other requirements such as proof of rehabilitation and/or submission of regular drug tests results during the waiting period. In these cases, it’s extremely important that the applicant understands exactly what the consulate requires.
http://www.familybasedimmigration.com/forum/waivers.php


(B) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

[Laura]

Shan - what are the dates of his first entry, and how old was he, then how long did he stay on the first stay of unlawful presence before he left and re-entered EWI? Those are the important questions.

[joy&pain]

I guess I should clarify that my comments are subject to his entries and accumulated unlawful entry being AFTER the age of 18.

See, I told you others would chime in with help! :)

[shancarlos]

all great information, thank you so much!
He has only entered once since 18, so no problem there. We should be fine. My biggest hope is that when the government changes in 2009, these laws will change for the better. All of the major running candidates seem to be in favor of immigration reform and getting the people that are already here legal. Cross your fingers.

[joy&pain]

all great information, thank you so much!
He has only entered once since 18, so no problem there. We should be fine.

Great! Then there's hope of a waiver! Sorry, I thought he was older than 18 both times for the EWI.

Laurafern and others~ I will be sure to mention "over 18" in the future. :)

[Laura]

Great! Then there's hope of a waiver! Sorry, I thought he was older than 18 both times for the EWI.

Laurafern and others~ I will be sure to mention "over 18" in the future. :)

It's not that simple though. It doesn't matter if he entered as a minor if he stayed until he was 20 (or any longer than 365 days after his 18th birthday) and then left and re-entered. That's 9(c) as well. No waiver for 10 years.

[aprilstorm]

:welcome:

[joy&pain]

It's not that simple though. It doesn't matter if he entered as a minor if he stayed until he was 20 (or any longer than 365 days after his 18th birthday) and then left and re-entered. That's 9(c) as well. No waiver for 10 years.

Until we have entry & exit dates posted, we won't know for sure.