Starting filing for Expedited Removed Spouse

[mexican_lover]

It's been quite some time now since I've posted here. Getting back up to speed, I'm finally ready to begin filing for my expedited-removed spouse. Presently, we are planning on her moving up to Tijuana soon before the end of July. I need to know what forms to start with again. I'm in southern California.

To recap: It's been a little over 4 years since her removal with a 5 year bar. Then we married in Mexico, 4-11-05. I have a broadly-based FOIA requested (to see if anything else shows up regarding re-entry that she might not be telling me). The response to this was placement on the complex track. I'm going to revise it to requesting only information in her file based on her A-file number and the removal. Should I get specific about POEs along the Mexican border regarding re-entry and catch (with the possibility of opening up a can of worms, although it's my understanding that anything found is private info), or just see what they have relating to the A-number?

My understanding is we'll need to do the I-130 (I-129F too? even though we're married, is this supposed to speed things up?) and the I-601 following the interview in CDJ. My understanding is the I-212 isn't necessary since its been over a year since the removal. Her removal was for violating Sec. 212(a)(7)(A)(i)(I) of the INA. Specifically:

Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(7) Documentation requirements.-

(A) Immigrants.-

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a)

----She had a valid tourist visa and passport, but stated in her interview she had been living and working in USA for the last 5 years. She was interviewed and threatened with jail time after dumping the contents of her purse on a table and finding her USC son's birth cert. So she told 'em what they wanted to hear. She was jailed anyway that dreadful night prior to her flight back to Mexico next day (her funds).

Other questions I have are:

1. Should I get started filing now before receiving the FOIA?

2. If something negative comes from the FOIA, should we carry on anyway with the slim to nil hope of some reconsideration (with a new 10-year bar clock ticking away with no waivers)?

3. If the I-130 is approved, will this be valid indefinitely should we be denied the waiver?

4. Anyone seen Spouse? I've lost all her messages and all the forums' earlier responses.


Thank you for any responses you may have pertaining to this request.

[angela256z]

1. Should I get started filing now before receiving the FOIA? - Yes you can always delay the interview (it would be a year delay) but better to get it started. If you start now with just the I-130 you can expect an interview around the end of 08. You should have your FOIA back by then.

2. If something negative comes from the FOIA, should we carry on anyway with the slim to nil hope of some reconsideration (with a new 10-year bar clock ticking away with no waivers)? - Depends on what it is. Anything before April 1, 1997 regarding entries and lengths of stay will not count. It will be what is after April 1, 1997 that you will need to take in to consideration. It's hard to say if you should proceed or not until we know what it says.

3. If the I-130 is approved, will this be valid indefinitely should we be denied the waiver? - Not sure on this one. I believe that they do expire.

I-129F question - You can file this after your first NOA1 of the I-130 even if you are married. It can speed up the interview date, but once back in the US you have to Adjust her status. This can be a pain depending on the person adjusting it cause there was a guy an here recently and they were hassling him on it. It also will be over $1000 to Adjust her status. I decided not to do it because of all the issues the one guy is having.


Thank you for any responses you may have pertaining to this request.

[mexican_lover]

Thank you for that response. In her removal interview she states she lived and worked here the past five years only making occasional short trips to Mexico. Will this be interpreted as multiple re-entries, therefore being permanently barred?

[angela256z]

Regarding Unlawful presence....Anything prior to April 1, 1997 or before the age of 18 does not count. Anything after the age of 18 and after april 1, 1997 will count. For all prior entry and exits if she stayed in the US for more than 1 year then she will not be eligible for a waiver until she returns to her country and stays for 10 years. Can you give the dates of entry and exit and maybe that can help us determine if she is eligible for a waiver. This is only for EWI entries. the ones where she had a visa don't count.

[mexican_lover]

Let me try to clarify. My wife always used her visa usually crossing the land border. When she was removed at an international airport, she was barred for 5 years and they took her visa then. The years in question were for 1998 thru 2003, she being aged about 25-30 years old at that time. In her interview with the inspection during her removal in 2003, it was stated she had remained in the US only making short trips to Mexico in the five years from 1998 to 2003. She had a valid tourist visa then, but the removal is saying the tourist visa wasn't valid during this time since she said she was living and working in the US so she should have had a different type visa. So my question is, can this interviewed answer: 'short trips' now be considered multiple exits and re-entries and if so, what should we expect her bar to be?
I have had a lawyer tell me she thinks this could be considered multiple re-entries and will cause a permanent bar. The lawyer isn't sure, however and is investigating. Also, what would EWI entries have to do with anything anyway, since ICE wouldn't have known about them?

[angela256z]

I would ask Laurel Scott at her next chat on Wednesday. This is a very difficult case. In April 1997 a law was passed that if a person EWI's and is in the US for a total of 12 months of unlawful presence and then re-enters EWI then they have a permanent bar, but your wife was let in and out of the country so to me that states she is fine, but I am not a lawyer. My cousins husband EWI'ed from El Salvador in 1999 he left in 2003 on a TPS status and returned 3 weeks later and the US let him in. Later they found out that TPS does not grant you travel outside the US and her first lawyer said there was nothing she could do. She went to a new lawyer and she said since the US let him in under the impression he was legal that he would be fine and he now has his green card. I would try consulting Laurel or another attorney. If you are in the Northwest (WA, OR, ID) you can use the lawyer my cousin used. www.seattle-immigration.com

[mexican_lover]

Could you explain what is the meaning of EWI, entering without inspection. Does it mean you're facing customs agents, and they let you pass without holding you and inspecting? Is there a guide somewhere that explains all the abbreviations used on this forum?

[mexican_lover]

Could you please reference a copy of the written law you're speaking of so that I can read it myself?

[angela256z]

Here is the abbreviation guide http://immigrate2us.net/forum/showthread.php?t=165

Here is the law http://immigrate2us.net/forum/showthread.php?t=120

EWI is when you do not cross at a legal point of entry and get your legal papers check. Illegal crossings.

[mexican_lover]

Thanx for all your help.

1. Am I correct that we're looking at a 10 year bar no waivers from the last EWI re-entry attempt worst-case scenario?

2. Regarding G-325A and I-130: Where it asks for Alien Registration Number do I put the A-# given to us in her removal documentation?

3. Regarding evidence of proof of bona fide marriage, are Western Union and MoneyGram receipts for money I've sent her through the years adequate to show co-mingling of finances? Otherwise I plan on submitting a notarized affidavit from my mother stating this is a bona fide marriage based on love.

Because of California community property laws regarding marriage I had our Mexican marriage setup with separate estates as a pre-nuptial in case we were not approved for her return.

[angela256z]

1. If her unlawful presence during the EWI visit in the US are less than 12 months in total time then you are looking at a 10 year bar that is waivable with the I-601.

(I get a little confused on this so someone may correct me) If her unlawful presence in the US during the EWI visits equal more than 12 months it is either a 10 year bar from the time she left the US with out the chance of a waiver until after the 10 years it up or a permanent bar without a chance of a waiver until the law changes. Wait and someone can clarify this. You may want to repost under the I-601 section.

2. If you wife has been assigned an A number then yes you put it there. It should also ask just after that question if she was deported etc. and that clarifies why she was assigned the number.

3. You don't need much. The wetern Union things will work. I sent a copy of a joint credit card. A Affidavit from my mother and our marriage license. I have not been approved yet cause I just sent it last week, but people have been approved with much less. You can also send phone records showing calls. Copies of letter written to each other or emails.