Question for Laurel Scott

[msoto]

My husband EWI for first time with his parents at the age of 11 in 1991. He went to jail on unpaid traffic tickets and served 30 days in 1998. He was then sent to immigration where he signed the paper to be deported. I don't know if it was voluntary departure or deported. ( not sure of difference) (1998) He returned EWI in 1998. Now we are trying to get him legal. We already sent in the I-864. Are we wasting our time and money or does he have a chance?

[MendozaQH]

msoto, we can still ask the question to Laurel, but a deportation followed by an EWI results in a lifetime ban with eligibility to file the waiver in 10 years fromt he last depature from the US. The difference between deportation and VD is on VD, the person leaves on their own and deportation they are removed. You husband should know if he has VD or not.

[Laura]

Either way, because he actually left the U.S. and then returned EWI, it doesn't matter if it was a formal removal or not. If he was here for more than a year after his 18th birthday and after April 1, 1997, then left, then re-entered EWI, he has no waive ineligibility for 10 years.

Msoto - in order to answer this question, it's really important when in 1998 he departed the U.S. Can you give the month and date if possible? Also, if they allowed him to go free and leave on his own, he was VD, if he was removed from the U.S. by immigration officials, he was removed.

[MendozaQH]

Laurafern, if he was 11 in 1991, then he was 18 in 1998.....For deportation this doesn't matter because deportation rpior to 18 has no bearing on 9c, but if it were VD, it would because it could still be 9b since there is no way he could stay more than 1 year after turning 18 IF he turned 18 in 1998.....

[Laura]

Good point - I still think we should clarify the dates and ages to be sure, and definitely if I'm going to ask Laurel I need all the dates and to know if he was VD or removed. They should have paperwork on that somewhere.

[Pinkpig]

I know that we asked Laurel this question in one of her chats but I cannot find it this morning. It may have been in the one that we missed part of it. I am thinking that Laurel said that there was disagreement between lawyers on this but I cannot find the exact post. If I find it I will post it for sure. This is definiely a question that we need to ask Laurel again in her next chat, next week.

Does anyone else remember this....?

[MendozaQH]

Good point - I still think we should clarify the dates and ages to be sure, and definitely if I'm going to ask Laurel I need all the dates and to know if he was VD or removed. They should have paperwork on that somewhere.

:ditto:

[Adriane]

MSoto, can you tell us what month & year your husband turned 18 and what month he was sent back to Mexico? Also, did he go on his own or did they physically take him?

[Skibies]

My husband EWI for first time with his parents at the age of 11 in 1991. He went to jail on unpaid traffic tickets and served 30 days in 1998. He was then sent to immigration where he signed the paper to be deported. I don't know if it was voluntary departure or deported. ( not sure of difference) (1998) He returned EWI in 1998. Now we are trying to get him legal. We already sent in the I-864. Are we wasting our time and money or does he have a chance?

If this happened to someone, what does the person mark on the I-130 under has the alien undergone immigration proceedings, been deported or been removed? Or do they not need to bring this up @ this point in the immigration process?

[MendozaQH]

If this happened to someone, what does the person mark on the I-130 under has the alien undergone immigration proceedings, been deported or been removed? Or do they not need to bring this up @ this point in the immigration process?

You should definitely mention it on the I-130....

[msoto]

My husband turned 18 in February and if I can remember right he was deported the end of Oct. beginning of Nov. He was flown to Nogales by immigration officials.

[Laura]

Oh.... sad. That sounds like a formal removal, not a voluntary departure. And since it happened after he was 18, he won't be eligible for the waiver for 10 years.