how to appeal?

[phrogman009]

Hi everyone, my wife was denied her VISA do to been removed twice from the border. Never made it into the US. She is un able to summit a waiver until 2016. She was removed in Jan 06. I need to find out how to appeal and how to put in for a waiver do to the fact that in going to be deployed and my wife is pregnant. I would like my baby to be born in US soil. Hopefully someone can guide me in the right direction.

[Laura]

Unfortunately, unless there was some mistake when they applied the law (which it appears there was not) you have no legal options, other than attempting to get one of your congresspeople or the military involved to try and get a special case or one of those extremely unlikely "private bills" enacted.

You can't appeal a decision that was required by the law and was completely objective. It's not at the discretion of the consular officers to ignore the law, and unfortunately, an attempted re-entry/EWI after a deportation clearly means a lifetime ban with no waiver available for 10 years. I'm really sorry.

[blueblue]

You say she was removed twice from the border, never made it onto US soil. Was one of those considered a deportation? How did she get pregnant, did you go to Mexico?

If she had a deportation and then EWI, that is 10 years bar no waiver as Laurafern said. But it is hard to know with the info you posted, other than that is what it appears the embassy has said.

[Laura]

He previously posted that she attempted to enter with a fake visa (visa of someone else), was removed/deported, then attempted to EWI and was caught.

[phrogman009]

That is correct LauraFern11, she tried coming in with a Visa but was asked for a fingerprint and they didn't match.Then tried again throught the hills and was caught. Blueblue i try to go and see her as much as i can. I saw her 3 times this year. I'm deploying soon so i try to spend my vacations with her. Her deportation papers say removal for the first time and was never given papers for the second time. I really don't want to try my last option. Which is to try it again....... There must be a way that i can reverse the 10 year ban.

[Laura]

There must be a way that i can reverse the 10 year ban.

Not really, unless you get a special bill passed for your situation (highly, HIGHLY unlikely). I'm sorry.

[blueblue]

I'm sorry the law is cruel and inhumane, IMO. I don't think there is anything your wife can do to process legally under the current laws without staying outside the U.S. for 10 years. There is the private bill option, but even when you can get a Congressman to propose a bill for you, in the last years most don't pass the vote. They have simply shut off all legal avenues in this situation.

There is a free lawyer attended chat on Wednesdays at 11am CT at www.visacentral.net. You might want to ask your question there to see if she has any other suggestions.

I'm sorry.

[phrogman009]

If my wife can't appeal her 10 year ban is there a way that a can put in for a non-immigrant VISA?

[Laura]

She is not eligible for any visa because she has a lifetime bar from the U.S. and cannot be readmitted at all until 10 years has passed AND she gets a waiver approved. Sorry.

[christytorres]

good morning Laura, hope you read this. I have a few questions. Well I was granted a 2nd appt. ok, and now this lady from a non-profit agency called me to tell me we had a 2nd appt. ok, well I think she does not know what she is talking about. She told me that I will not have to re-pay the Wavier, because I did already and also for the Visa fee, because I already did. She thinks it the Visa pick thing, and I told her NO, i requested a new interview becasue you guys did not help me in anyway with the hardship letter, matter of fact your agency never told me about it. And when I was in Juarez, and had questions, you people never called me back when I called you. The agency is in Toledo Ohio, we use to live in Mich.....

I told her about the forum, and I have read about people going down to Juarez like me 2nd appt. and have to repay all the fee's our application date was up Jan 07. That's when I applied for the Wavier Jan 06. She says no, when your husband gets there, if they ask him, tell him to show the receipts from the last time he was there. Don't try and give up the money right away, because they will take it. If they tell you time has gone by, then he can pay. Hey I don't want to confuse my husband, he will be nervous as it is. She told me they just want updated forms that's it, a new medical and a new I 864, the packet they send they always send it out.

See Laura I don't read spanish very well, and I got this letter attached to the appt. letter. I need my father to help me out to read what it says. I told this lady the packet is the same from before. I have to resubmitt the tax forms, our marriage Lic. and my divorce papers and all the other things. crap I did not bring it with me to work. So laura what do you think....thanks so much for reading my long question...

[Laura]

Christy - I don't know for sure if you will have to repay the visa and waiver fee but I would assume yes. The person you should talk to is Catiana, as she went through the same process.

I also wouldn't listen to anything that lady at that agency is telling you, because clearly, they have no idea what they are talking about.

My understanding is that when you are granted a new appointment it's like starting over - so your husband will have to bring all the documents proving a real marriage for the first appointment and you will also have to prepare all the stuff for his Infopass/waiver appointment which of course you will schedule.

Can you copy what the letter in Spanish says here? Maybe it's just a translated version? I hope that helps.

[christytorres]

Thanks Laura, becasue I was telling her things that she did not know. and I told her its like starting all over again, I think she had no clue at all. And I am not going to listen to her. I really don't want to confuse my husband, but I will give him some information on how things will go. But he has done it before almost 2 years ago. But thanks... I will not listen to her. She also told me about a DS1 and DS 2 that I have to complete. I said I have those too. Thanks again.....I think she is looking for a donation....:bounce: nope, I need one:blush:

[blueblue]

If my wife can't appeal her 10 year ban is there a way that a can put in for a non-immigrant VISA?

I just wanted to respond to this question. The non-immigrant waiver waives just about EVERYTHING except the most heinous like terrorism, etc. So, she COULD potentially qualify for that waiver but the hard part will be convincing the embassy she is a non-immigrant and eligible to apply for that. It is not impossible. Look for more info on 212(d)(3) waiver or I-192.

[Laura]

Yes, but she has OBVIOUS immigrant intent, so getting an non-immigrant visa approved (even without the waiver) is going to be a gi-normous stretch!

[christytorres]

also Laurafern11, she said why are you requesting. an info pass appt, I told her becasue they are going to deny him again, even though he has been in Mx. all this time since Jan 06, why, I told her I need to re-submitt my Wavier packet, I did not have one the last time I was there dummy, remember you never answered my calls while I was there, you left me out to dry, .....what a dip....

[Barbara]

Hello every one

[Laura]

Hi Barbara!

[jraf766]

Hey man Im in the military too. For your situation, I would use the media and veteran organizations, to help you.

I dont understand how congressman get away with it, but not us fighting for our country.

I been contacting congress for years in my situation, the good thing now is we have a democratic congress, I hope they turn things back to waivers on a case by case basis.

The INS has common sense when it comes to these things.

They see first hand, who comes in, not politicians.

[phrogman009]

It's really hard right now cause my schedule is really busy with small deployments. My chain of command is more interested in our deployment schedule that my personal life. I hope that if it works with the media then i will have no other choice but to do the same.... Thank you and watch or back out there.....SEMPER FI