Can We File A 212 Waiver After 10 Yr Ban?

[lopez26]

We Just Went To Cdj And My Hubby Got A 10 Year Ban Because Of His Ewi's. Can We File A 212 With A K-3 Visa?

[lopay]

what was the reason for the denial? it should say something like 212a9Ci. I-212 are usually only needed if a person has been ordered removed and tries to apply for a visa within 5 years after the removal. It sounds like you need an I-601, a waiver for inadmissibility.

[lopez26]

he was given a lifetime ban with possibility of a waiver after 10 years. because of his ewis that accumulated over a year. he was caught twice at the border and was fingerprinted

[lopay]

so if I'm not mistaken, they would have deported him the first time, then he would have reentered without inspection.

212a9cii is why he was banned for life. I think you’re in the same situation as my wife and I are. She was ordered removed in 1998, and then they say she reentered without inspection in 2003. It's not true, but.....

You’ll have to wait until the 10 year ban is up. When it is up, he will still be inadmissible, but you can then apply for an I-601. If you are living with him out of country, I would advise you to keep a journal of your hardships because you are going to have to write a hardship letter.

If you apply for an I-601 after ten years and can not show how miserable you have been living in that country, I don't think they would give you a waiver. They might look at it and say, well, you've been living there for 10 years and seem to be doing pretty good, so I really don't think you have any hardships. If you keep a journal, you'll be able to site stories and events that prove that you have really been suffering.

I have not done this, maybe I'm wrong, so ask around.

Anyone else have any ideas?

[kitkat1]

We Just Went To Cdj And My Hubby Got A 10 Year Ban Because Of His Ewi's. Can We File A 212 With A K-3 Visa?

You can file a waiver with a K3 or CR1/IRI but in either case, you'll have to wait until he has spent 10 years outside of the US in order to have that option.

[lopay]

If your still around, please post some more details about you case. I am curious why he was deported instead of being caught and release. You did say that he was caught at the boarder, right?

"If an alien has been formally deported, generally speaking he or she will have had to appear before a judge or signed a form waiving his/ her right to do so and is returned to his or her country of origin at the US government’s expense. You can generally determine if you’ve been deported by sending your fingerprints to the FBI if you don’t already know. If you have been deported, it is generally accepted that you have first “entered.” Also, an EWI following a deportation will also result in a ban for which there is no immediate waiver. That is not covered here."

I guess if they take your fingerprints, it means that you are being deported. I've heard stories where catch and release included fingerprinting but I didn't think that they were actually deported. Does anyone know for sure?

[Laura]

Lopay, Lopez is ineligible under a different kind of 9(c) violation. You can read the info about your case here:

http://immigrate2us.net/forum/showthread.php?p=62206#post62206

he came march 00 first time, was caught, returned to mex then that same month came back in successfully. then in 03 he left in may and came back in june was caught and came in again that same month successfully. we already know that he might get the 10 year bar but we are still going

Basically, although he was not deported (he's never going to need an I-212, so I don't know why she is talking about that) he entered the U.S. EWI, stayed for more than one year, then left and EWI a second time. That is also a lifetime bar with no available I-601 waiver for 10 years.

[lopay]

ohh, ok thanks, I didn't know about the other thread. Sorry :oops:

[lopez26]

the paper that my husband got from the officer stated that he is elgible for the waiver after ten years. he gave us a date of 11/?/2017. and what i am talking about.... is what gloria curiel a lawyer told me we might be a ble to do. she was very sincere and told me she still thinks that he won't be approved becasue of the 10 year ban, she said that's the only way, so it was up to me and risk losing so much money for something that is not sure.

[Adriane]

Very occassionally people who are ineligible for permanent residency visas (like theIR-1 that you interviewed for) can get K non-immigrant visas. But these can not be adjusted into permanent residency, which is what you want for himto live & work in the US. Also, the I-212 is only for deportation a I understand it- and he wasn't deported, he just left.

I believe that she is very sincere, many uninformed attorneys are. But that doesn't mean what she's suggesting is possible. Our very nice, sincere, highly recommended and expensive attorney gave us ridiculous advice. had we listened to him, we never would have gotten anything.

Good luck.

[aprilstorm]

I am sorry to hear about your news.