Ten year ban

[Blackout76]

Can someone please tell me when the ten year ban starts..My wifes Hardship waiver was denied this week in London and wanted to know when this ten year ban starts..
Also does her Waiver being denied affect my Application for U.S Citizenship..I have filed my N-400 and thougt maybe,I could fight for her visa another day....one day...

Please advise...!

[jerrys]

her ban started the day she left the U.S, for example if she left 2 years ago she will have to wait another 8.

[ratito921]

Can someone please tell me when the ten year ban starts..My wifes Hardship waiver was denied this week in London and wanted to know when this ten year ban starts..
Also does her Waiver being denied affect my Application for U.S Citizenship..I have filed my N-400 and thougt maybe,I could fight for her visa another day....one day...

Please advise...!

will you appeal the decision or refile?

[Cynthia]

Also does her Waiver being denied affect my Application for U.S Citizenship..I have filed my N-400 and thougt maybe,I could fight for her visa another day....one day...

Please advise...!

Sorry to hear about your wife's denial. :(

To your Q: NO. It does not affect your N-400.

[slubberry]

Can someone please tell me when the ten year ban starts..My wifes Hardship waiver was denied this week in London and wanted to know when this ten year ban starts..
Also does her Waiver being denied affect my Application for U.S Citizenship..I have filed my N-400 and thougt maybe,I could fight for her visa another day....one day...

Please advise...!


how were you able to file a i-601 waiver? I thought that the waiver had to show extreme hardship to USC? Was it based on USC children? If not, that may be the basis for the denial.

[meesh]

Blackout, I'm sorry that the waiver was denied...How are your wife and children coping? Have you decided on the next steps? Slub, I believe the waiver demonstrates hardship to a qualifying relative, which is a USC or LPR spouse or parent. I think he must have been denied for another reason, perhaps lack of evidence of extreme and unusual hardship:(

[Ginger]

Blackout, I am sorry for your denial.

I am wondering as well what was the ground of filling the waiver? If you are stating that you are not a US Citizen yet, could that be a reason for the denial of the waiver? In this case, when you would become the US Citizen you should be eligible to re-apply for the wavier for your wife.
If you would be able to clarify this to us it would make it easier to give you an advise.

As fat as I was told, London is one of the fastest offices and also the do not have too many denials so that should be to your advantage and hopefully should bring you some hope.

If you would like to post your denial letter ( or pieces of it) that should clarify the situation and the reason for your denial.

Good luck.

[DaveH]

The ten year ban was due to what? Overstay? Assuming that was it, you can't apply anyhow since your not a USC. When you are you can try again using the I-601. Read that form carefully. You must show "extreme hardship" to you the USC. It doesn't matter one iota to them about the immigrant's plight. There are many things to consider as to what constitutes extreme hardship. Do some research on line. There are sites that have examples and explanations as to what works and doesn't. It would have been a lot easier if she were here but since she isn't you have a tough road to hoe.

[Pinkpig]

Blackout76,

I hope this information is helpful to you. When you become a USC you should have no problem re-filing. Good Luck.

http://www.humanrightsattorney.com/sub/index.jsp;jsessionid=5CEC05B175913F6224E272E763568 328?contentid=Z4RZmj62Bje6E0mtMENZUCkL

Understanding the Basics of Sponsorship: What to Know If You are a Lawful Permanent Resident:

Spouses of Lawful Permanent Residents are subject to the Visa Preference System and the backlogs the system creates. There are a limited number of visas available every year under the Family Preference system. Under current immigration law, there are only 87,900 visas allocated to spouses of Lawful Permanent Residents and minor children every year. Thus right now, for most countries, there is a ______ year backlog in available visa numbers for this category. The backlog is much worse for India, Mexico, and the Philippines. And, without a visa number available for new filings, a spouse of a U.S. legal permanent resident could remain years outside the U.S. until s/he is allowed to immigrate based on marriage to a Lawful Permanent Resident.

If a visa number is not immediately available, the LPR spouse must file an Immigrant Visa petition for their noncitizen spouse who resides abroad, with U.S. Citizenship & Immigration Services in the U.S. Once approved and once an immigrant visa number is available, only then can the noncitizen spouse apply at the consulate to finalize the green card process.

If the noncitizen spouse lives in the U.S., the immigrant visa must still be applied for with US CIS but the spouse may have to depart the U.S. when the visa number becomes available, because the spouse may be ineligible to apply directly in the U.S. for a green card if s/he entered the U.S. illegally or worked without authorization. Travel outside the U.S. is risky for someone who has been in the U.S. illegally, even if married to a LPR, because the act of leaving the U.S. to pick up the immigrant visa that leads to the green card from the consulate, could trigger the 3 or 10 year bar, not allowing the noncitizen to re-enter the U.S. for years.

These are complex issues that are best addressed before any paperwork is filed for your noncitizen spouse, to ensure that the noncitizen spouse is actually eligible to receive a green card before exposing him or her to CIS and losing money and time in the process.