Unlawful presence after voluntary departure

[mariagerardo]

I am new to all this, but I am hoping someone might be able to help me. My fiance was caught crossing the border in July 2004. He was detained and was advised to ask for voluntary departure. He did and was sent back to Mexico immediately. After a few months, he EWI and was in the U.S. for just a bit less than a year. He moved back to Mexico in Decemcer 2005 and has been there since. My question is, would he qualify for any type of waiver after re-entering without inspection after being caught the first time and he was granted voluntary departure?

Thanks to all who can share their experiences with similar situations.

Maria.

[nadiah_25]

Hello Maria,

What did he do while in the USA? Meaning, did he work, drive, get in trouble with the law? I guess, can anyone find out that he EWI after beeing cought?

Nadia

[Laura]

Maria - the thing is, what you are describing sounds a lot like a "catch and release," not a voluntary departure. Are you sure it was VD? If he was caught at the border, are you saying that was the first time he entered the U.S., in 2004?

My understanding is that if he was "ordered removed," and then re-entered illegally, he will not be eligible for a waiver for 10 years after he exits the U.S. However, if he was caught at the border and released, ie., not formally detained or ordered removed, he will be eligible, because he only has one period of illegal presence, and in fact, will only have the 3-year ban, because he was in the U.S. less than one year.

Still, at that point he would be eligible for the waiver, you could begin the process and hopefully be reunited in less than a year if you filed the I-129F, etc. Anyone else???

[Adriane]

I think Laurafern is right- where and for how long was this "detention?" Most Mexicans who are caught while crossing or near the border are released, not deported or given VD.

Did he sign anything or see a judge?

[mariagerardo]

Yes, unfortunately, he did sign something although he has no idea what it was. He was caught on a Friday and was detained until Monday because there was no court on the weekends. He saw a judge on Monday morning and signed some papers and was then taken back to Mexico. When he EWI he did work in the US and was involved in an accident and eventhough it was not his fault, he was arrested because he was driving without a license. So, there is plenty of evidence that he was here in the US.

Laurel Scott has recommended that we do a fingerprint search for him to find out exactly what shows up on his record. She did say that if he went through a formal deportation that he would not be eligible for the waiver.

I am so depressed, I can't believe it could possibly take more than ten years for us to be together. That is an eternity!!!!

Thank you all for your comments.

[mariagerardo]

Pleae share your experiences.

[Laura]

I'm sorry Maria - Laurel is definitely the authority - an FBI check is a good idea. I don't have experience with this but others will chime in.

[inlimbo]

maria, I'd say that Laurel is absolutely right. You need to find out what exactly he signed and whether he was "removed" or granted voluntary departure, because from what other people are saying, that will affect his eligibility for a waiver. You can't really make any decisions or proceed with the immigration process until you know what happened in 2004.

Good luck, Maria. I know that this can all be difficult information to process. Hang in there - you can do it!

[jesuslovesyou]

if he was cought and held on for court and he signed and relesed thats a VD . catch and relase they just send you back now if he had a hearing and saw the judge then its mostly removal if he didnt see judge at all its VD . hes defenetly not catch and relase and form what she explained hes not emoval 99.99% its VD

in case if VD and ewi he can adjust status without any waivers but as soon as you apply for his i-130 dhs can beging procedings against him so be wise while doing so.

Godbless

JLU


check FBI results would be better option but no gaurentee that it will give u info as they can just say arrest and immigration proceedings.

[nadiah_25]

Good Luck Maria and don't give up....

[Laura]

in case if VD and ewi he can adjust status without any waivers but as soon as you apply for his i-130 dhs can beging procedings against him so be wise while doing so.

What? If he was given VD, isn't that technically being "ordered removed," or not? If he was ordered removed and re-entered, he is not eligible for a waiver for 10 years...

[Adriane]

Maria,

Just an FYI, we sent in my husband's fingerprints and did FOIA requests for 4 different INS offices- all came back with no info, no records.

But at his interview, the consulate still knew about his 3 prior catch & releases, dates, times, etc.

Good luck, Maria.

Adriane

[inlimbo]

What? If he was given VD, isn't that technically being "ordered removed," or not? If he was ordered removed and re-entered, he is not eligible for a waiver for 10 years...

"Removal" is the new-ish (IMO, rather Orwellian) way of saying "deportation," so "removal" and voluntary departure are different.

I'm not entirely clear on what rules apply if you have left the country via voluntary departure and illegally re-enter. From what JLU says, it sounds like it doesn't really matter, but honestly I've never done any research on it. Anyone else know?

[tonyr7]

voluntery departure is the same as removal
you have been deemed to be inadmissable
the only difference is that it is not done at taxpayers expense
it still carries the same bans and same requirements that you will have to face ie. waiver applications 212 and 601 should you wish to return

[jesuslovesyou]

VD is a relief from deportation so its basically saying I will leave the country myself and no penaltys apply you are just like everybody else once you took VD .
u dont need i-212 after vd

but if u have oversaty for more than 6 moths and ur outside country you might


you are applying for i-130 incountry and he was never deported and dont have any overstay more than 180 days befoe he had vd then you are safe

your case will be adjusted without any waivers


Godbless

[mariagerardo]

Unfortunately, my fiance doesn't know exactly what happened when he was caught. He was detained over the weekend until he was taken to see a judge and then we was told to sign some papers, which he did. Everything seems to indicate that he accepted voluntary deportation. Because he later EWI and was illegally here in the US for about 10 months, he does not qualify for any waivers. At least that is what I've been told and what I've found out during my research.

[jesuslovesyou]

if its VD and EWI he does qualify but if he is Deported and EWI he will not but again there is a hope


if he is deported and EWI and he is in 9th circuit he can apply for 212 under 9th circuit ruling that he applied for 212 before his deportation proceddings are started. 9th circuit juridiction is california, arizona, uthah, nevada , oregon etc

so good luck as long as your in above states u can get it done moreover i belive hes a VD so nothing to worry


JLU

[jesuslovesyou]

court records easy to acces DHS Dept of justice number call it and type in the A file number and it will tell you what exactly happened VD il findor deportation does he know which court he was taken to?

[Adriane]

Maria-

There was a member, Klopez, who was going to try and file under the 9th circuit court by moving to California. It all looked good on paper.

But then a California-based attorney said that it was very hard to get them to use that provision on law and recommended that she just lie low and wait.

I think you need to consult an attorney. Laurel Scott is a good one, many people here have used her and are very pleased- I know her success rate with CDJ is 100%. Another good choice is Heather Poole. Because immigration law is federal, you can chose an attorney anywhere in the country, they don't have to be local. I would HIGHLY recommened consulting with one of these two or another recommended by IM2US members- we chose a local attorney and wasted a year & several thousand dollars.....

Good luck!

Adriane

[mariagerardo]

He did see a judge and signed some papers, then was sent back across the border to Mexico. I imagine those type of proceedings constitute deportation, wouldn't it? That is why I assuming he will not be eligible for a waiver.

[Laura]

When you say "sent" across the border, was he "escorted," or just told he had to leave?

[mariagerardo]

My fiance signed something and all he remembers is that he was told it was for "voluntary" something. I assume it was VOLUNTARY DEPORTATION. He lost the copy of the papers he signed, so we don't have any more information on what really happened.

Does anyone know if there is any other way to find out what is on record, other than through a fingerprint search? I have read that even through an FBI search it might not show up.

[Adriane]

Maria, I think a deportation would have been more involved- it really sounds like Voluntary Departure. But what's weird is that most of our husbands were caught a few times attemting to EWI and were just thrown back across, not given VD or deported.....

I really think you need to consult an attorney, really. I'd try Laurel Scott.

[mariagerardo]

That is how I fould out that in the event that my fiance went through a formal deportation when he was caught at the border, he would not be eligible to file for a waiver. My concern is that I have read in other places that when illegal aliens are caught at the border they are urged to sign their voluntary DEPORTATION and are not aware that by signing they lose the opportunity of entering the US legally for the next 10 years.

We were originally advised by two different attorney to get married first in order to have a stronger case when filing for a waiver. I explained the whole situation to both of these attorneys, just as I explained it to Laurel Scott. The difference is that Laurel explained that if my fiance went through formal proceedings of deportation, he would not be able to apply for a waiver until the 10 year ban was over. My fiance and I had been putting our wedding off because we thought it would be faster if we applied for a fiance visa. After I consulted the first two attorneys, we planned our wedding for August 18, 2007.

Now, I am so confused because, I don't know
#1) If we should go ahead and get married and then file I-130.
#2) If we should go ahead and file I-129F and NOT get married or
#3) or that at this point if would not matter either way since he most likely would not be able to qualify for a waiver

I love my fiance very much and I will marry him no matter what, but I don't want to mess things up for him even more.

[Laura]

Maria, I think a deportation would have been more involved- it really sounds like Voluntary Departure. But what's weird is that most of our husbands were caught a few times attemting to EWI and were just thrown back across, not given VD or deported.....

I really think you need to consult an attorney, really. I'd try Laurel Scott.

Maybe because it was more recently? That's all I can think of.. most of us have experiences where our husbands EWI before 2004. Maybe they started to do more VDs and deporations around that time.

In any case, there is no such thing as "voluntary deportation," right? I mean, it sounds like Voluntary Departure, unless he was escorted across the border, probably handcuffed, etc... Maria - does he remember how he actually left?

At this point, marriage or no marriage does not matter. If he's not eligible for the waiver for 10 years, that's not going to make any difference. By all means you can get married, since you haven't filed anything yet, but if you just want to see what happens, you could file the I-129F, proceed to the interview and hope that he is allowed to file the waiver. You will spend some money on fees, but if you prepare your own hardship letter, it won't be horrible. If he's not allowed to file the waiver, then you'd have to make other plans...

The problem is, those FBI fingerprint checks (called an FOIA request, right?) can take a long time. Who has experience with this? So you might spend a lot of time waiting to find out if it was actually a VD or a deportatin... But that is the most important part of your case right now.

[inlimbo]

That is how I fould out that in the event that my fiance went through a formal deportation when he was caught at the border, he would not be eligible to file for a waiver. My concern is that I have read in other places that when illegal aliens are caught at the border they are urged to sign their voluntary DEPORTATION and are not aware that by signing they lose the opportunity of entering the US legally for the next 10 years.

We were originally advised by two different attorney to get married first in order to have a stronger case when filing for a waiver. I explained the whole situation to both of these attorneys, just as I explained it to Laurel Scott. The difference is that Laurel explained that if my fiance went through formal proceedings of deportation, he would not be able to apply for a waiver until the 10 year ban was over. My fiance and I had been putting our wedding off because we thought it would be faster if we applied for a fiance visa. After I consulted the first two attorneys, we planned our wedding for August 18, 2007.

Now, I am so confused because, I don't know
#1) If we should go ahead and get married and then file I-130.
#2) If we should go ahead and file I-129F and NOT get married or
#3) or that at this point if would not matter either way since he most likely would not be able to qualify for a waiver

I love my fiance very much and I will marry him no matter what, but I don't want to mess things up for him even more.


Maria, I don't think that marrying your fiance now would mess up anything up for him immigration-wise. The fiance visa process does tend to be faster but if your fiance is in the US with you right now, it might not be that important to process the visa ASAP.

I think the bigger problem is that you still don't know if he was deported or given voluntary departure. If he was deported and subsequently EWI'ed, he is not eligible for a waiver, in which case you will need a different plan of action: moving to Mexico or another country, or simply staying in the US and not attempt to adjust his status.

Did Laurel provide you with any suggestions for finding out whether he was deported or granted voluntary departure?

[Laura]

He's not in the U.S. with her though. He's was only in the U.S. on his second "try" in (after the mysterious VD or deportation) for 10 months. So actually, if it wasn't a deportation, he won't even need a waiver. This is a very unusual case... But at this point marrying will mean more time waiting for processing...

[Adriane]

He's not in the U.S. with her though. He's was only in the U.S. on his second "try" in (after the mysterious VD or deportation) for 10 months. So actually, if it wasn't a deportation, he won't even need a waiver. This is a very unusual case... But at this point marrying will mean more time waiting for processing...

For 10 months, the ban is 3 years and he would need a waiver. That's the one we're doing- illegal presence less than a year.

[Laura]

For 10 months, the ban is 3 years and he would need a waiver. That's the one we're doing- illegal presence less than a year.

I need an I2US vacation!!! :bounce:

This is totally correct!!! My bad!

[Adriane]

I need an I2US vacation!!! :bounce:

This is totally correct!!! My bad!

I know what you mean! Mr. Adriane calls IM2US my "soap opera...":rolleyes:

I look forward to life AFTER immigration! It's nice of you to stillpost here, Laura, I think after we're done I'll take a looooooong hiatus.

[mariagerardo]

I would take the 3 year ban any day. Compared to the 10 year ban, it sounds great to me. Besides, since my sweetie has been gone for almost 2 years, we would only have a little over a year to wait. But, please correct me if I am wrong, if someone is deported and reenters, the ban is 10 years. Isn't it?????

Laurafern, I am so grateful that you respond to my questions. You are done with your case, yet you are still wiling to help others.

[Laura]

I would take the 3 year ban any day. Compared to the 10 year ban, it sounds great to me. Besides, since my sweetie has been gone for almost 2 years, we would only have a little over a year to wait. But, please correct me if I am wrong, if someone is deported and reenters, the ban is 10 years. Isn't it?????

Laurafern, I am so grateful that you respond to my questions. You are done with your case, yet you are still wiling to help others.

The thing is, on slow days at work, even on regular days, I have a LOT of time to be on the web. I might have some activity and be busy for an hour, but then I might have 30 minutes with virtually nothing to do. That's the nature of my job, so it's perfectly suited to OCD I2US posting.

Besides, I know this site SAVED me, really, seriously, saved my husband and I, so I feel it's good karma to assist other lost and confused people such as myself just one year ago.

[Luckysprite]

Maybe because it was more recently? That's all I can think of.. most of us have experiences where our husbands EWI before 2004. Maybe they started to do more VDs and deporations around that time.
...

The problem is, those FBI fingerprint checks (called an FOIA request, right?) can take a long time. Who has experience with this? So you might spend a lot of time waiting to find out if it was actually a VD or a deportatin... But that is the most important part of your case right now.

I kind of have to agree with laurafern on this first point. Well, its not acutally my opinion, but my husbands. He believes - in his case (in april 2001) it was a catch and release. I am not as sure - but he kept telling me, listen, it was before 9/11 - and he thinks the borders were definately more lax than they are now. The more an more cases I see on here though - time and time again - they are in fact catch and release situations - but many of us do have cases in which our hubbies entered pre 9/11.

In a way, it makes sense to me also. Between 9/11 and the way that our news media chooses to portray the mexican/us border and the number of illegal immigrants in the country - the goverment has had to take some kind of action in recent years (we all know they couldnt pass CIR to save their lives) and strengthening border security after that makes sense - to them. The resources may not be available to grant everyone caught trying to cross VD or even officially remove them - but they probably have increased the amount that they do significantly. It looks better on paper.... *sigh*

And for the second point that laurafern addressed - and FBI fingerprint check and FOIA are actually two different checks - through different databases. However - I believe it was Adriane who mentioned in a previous post (and our lawyer also confirmed this) that just because those would come back with 'no record' - does not mean that VD/removal never happened. There is often incomplete/missing information in the systems from what I have heard. We did both searches, based on his experience at the border - fingerprinted, photographed - but did not sign anything - and they both came back with no record. We will wait and see, and hope for the best...

FBI checks typically come back in a few months - and FOIA we were told could take 1 yr+ - however I have seen a couple of cases where it was cleared in a matter of months. (all the more reason to be skeptical of the thoroughness of it) I guess, in my opinion - I would be more inclined to do the FBI check if you were dealing with a criminal record and the FOIA for immigration purposes. Also, IMO - you would get a more complete report from a FOIA check if you had an A# for them to 'search' as opposed to just your name/birthdate/basic personal information.

maria - I am sorry that I can not offer more advice/hope for your case, I just simply wanted to add my two cents on a couple of statments. But it does seem that you have gotten some good advice from the other members here - and a consulation with Laurel is always a step in the right direction. Stay positive - and don't give up!

[Laura]

Thanks for clarifying on the FOIA/FBI checks....

This whole thing is really confusing... If it were me, in this situation when he's already out of the country and there is nothing to lose, I think I would just file the I-129F, go to the interview and see what happens. If she does the FOIA, it may not be complete/accurate, and it may take a while. If he was VD, then he should be able to file a waiver in 6-8 months and hopefully be approved right away through the pilot program. If it was a deportation, he still stays in Mexico, but he's there now already. At least they will know something soon and be able to plan for a future in a border area, etc. The only thing she loses in attempting to go the fiance petition route is money. Just my thoughts...

[pen1137]

court records easy to acces DHS Dept of justice number call it and type in the A file number and it will tell you what exactly happened VD il findor deportation does he know which court he was taken to?

i would do this-not sure what the dept of justice phone# is, but it'd give you a heads-up.

[jesuslovesyou]

do u have his A#?

[mariagerardo]

No, Jesuslovesyou, unfortunately, I don't. The only papers he got when he was caught were lost. He had lost hope of getting across the border so he didn't think he would ever need them again.

[jesuslovesyou]

without A# its no use clling DOJ FBI report might have the A# get that one ASAP you need that its only 25 dollors mean while u can reserch further

[jesuslovesyou]

remember only DOJ can deport you DHS canot they can only refuse entry Judge has to order deporttion and if he did it will be in record of DOJ

[melissan02]

Glad to find this thread.
So, my first question is...
can one be here unlawfully even after voluntary departure, or for that matter deportation, and not be hunted down???
My situation is somewhat similar....

1996---Hubby came here from MX, was stopped near the border in a vehicle
w/ others (not sure if it was border patrol or local police), signed a
paper and was told to continue on his way. No documentation given
to him.
1999---Met hubby and began dating
2000---Hubby's father died and he returned to MX for funeral
2001---LESS than 90 days since father died, hubby re-entered (EWI) U.S.
2002---Married! Yeah!!:D
2006---Upon advice of an immigration attorney we filed for AOS
2007---Just recently had our initial interview in Fairfax. Hubby has triggerd a
10yr. bar from U.S., but interview officer let us leave without making
a decision as to what we would do.
Lawyer says to wait and see what type of notice will be sent. Could either be disapproved notice or removal proceedings. Lawyer seems to be confident of arguing that hubby's first entry was a defective entry rather than EWI. He is encouraging us to continue on w/ our lives here as normally as possible. Problem is....I'm afraid immigration authorities will knock on our door...even if we do live in a rural area.

[Laura]

A defective entry? Who is he planning to argue that to? Even if the first entry had never happened, like if your husband had came for the first time after his father's death and had never left, he still would not be eligible for AOS, and could not fight removal proceedings because he has no legal basis to be in the U.S. until he has a consular interview (in MEX) and an I-601 waiver approved.

Hopefully no removal proceedings start for a long time, but you never know when immigration might come to detain your husband. I'm so sorry for your situation. Wouldn't it be better to make plans to move to the border, Mexico or some other third country?

[melissan02]

A defective entry? Who is he planning to argue that to? Even if the first entry had never happened, like if your husband had came for the first time after his father's death and had never left, he still would not be eligible for AOS, and could not fight removal proceedings because he has no legal basis to be in the U.S. until he has a consular interview (in MEX) and an I-601 waiver approved.

Hopefully no removal proceedings start for a long time, but you never know when immigration might come to detain your husband. I'm so sorry for your situation. Wouldn't it be better to make plans to move to the border, Mexico or some other third country?So, it is possible for us to do a 601?? 212??? As long as we have that (or those) options, its worth the try to fight. We don't just want to give up and move/relocate to a border city/Mexico. As our lawyer has stated many times, once in MX it becomes extremely more difficult to work a case. Lawyers will do what lawyers do best...argue, argue, and then argue some more...so as to drag things out. Which gives more time for making decisions, or better yet for all of us...some beneficial comprehensive immigration reform. Afterall, 2009 isn't that far off...this immigration bit isn't totally a dead issue. More light will be shed upon it in the next year w/ elections and all.

[Laura]

No, I mean, he will be allowed to file a I-601 waiver in 10 years. What I was trying to say is that EVEN IF that first entry had never happened, that only changes the timing of eligibility for the waiver, it doesn't change the fact that he needed to leave the U.S. for a consular interview in the first place. The implication in your previous post was that your lawyer was going to "argue" that the first entry was somehow not an EWI (which is completely ridiculous - border agents make shady deals and let people in all the time, that doesn't make it a legal entry) and therefore would change your situation. My point was that even if your husband had only EWI-ed once and never left again, he'd still be deportable.

If you are hoping to wait until reform in 2009, stalling might be a decent tactic. But it still leaves the option open that one day he might just be picked up and deported. It would be amazing luck if no removal proceedings began before then though.

[jesuslovesyou]

Hi

it appears that your husband never had a deportation but he has a 10 yr bar for overstay ( triggred when he left for his fathers funeral) if he didnt leave the country that would have never triggered .


defective or non defective he entered the country and stayed more than 1 yr without any legal status and left . remember 10 yr bar triggers only when you leave the country.

he should apply for 601 and it can only be applied at the consulate he dosent need 212 so DHS will process his i-130 and once approved they will transfer it to MEX he need to attend his interview there and then wait untill its done may be 6 months hopefully

Godbless

JLU

[melissan02]

Hi

it appears that your husband never had a deportation but he has a 10 yr bar for overstay ( triggred when he left for his fathers funeral) if he didnt leave the country that would have never triggered .


defective or non defective he entered the country and stayed more than 1 yr without any legal status and left . remember 10 yr bar triggers only when you leave the country.

he should apply for 601 and it can only be applied at the consulate he dosent need 212 so DHS will process his i-130 and once approved they will transfer it to MEX he need to attend his interview there and then wait untill its done may be 6 months hopefully

Godbless

JLUWe have an approved I-130:thumbup: and already had an initial interview in Fairfax recently. So are we to assume they have done the transfer to MEX??? You can only do 601 at consulate--not here??
Would we even be eligible for 601?? I'm not sure we would since he came, left, and came again.
Even though when he left it was less than 90 days.
I'm just trying to grasp all this ....what sticks out most in my mind is 10yr. ban. That's just totally unacceptable. Man, oh man our laws on immigration need to change....10 yrs. ban for someone like my husband is harsh and ridiculous!! As I'm sure it is for others on here whose spouses are decent folks trying to do the right thing. 3 yr. or 10yr. is just downright stupid! There are criminals out there who aren't dealt with so harshly as this!!
Being VALIDLY married to a USC should carry heavy weight in these decisions. IMO.

[nadiah_25]

The 10yr bar is give to people who stayed INSIDE the US without status over 180 days and that is why you need a 601 waiver. Correct?

[Adriane]

The 10yr bar is give to people who stayed INSIDE the US without status over 180 days and that is why you need a 601 waiver. Correct?

No, a 3 year bar is given for being in the country without status for over 180 days, but less than 365 and a 10 year ban is given if you have been in the country for over a year.

[kitkat1]

We have an approved I-130:thumbup: and already had an initial interview in Fairfax recently. So are we to assume they have done the transfer to MEX??? You can only do 601 at consulate--not here??
Would we even be eligible for 601?? I'm not sure we would since he came, left, and came again.
Even though when he left it was less than 90 days.
I'm just trying to grasp all this ....what sticks out most in my mind is 10yr. ban. That's just totally unacceptable. Man, oh man our laws on immigration need to change....10 yrs. ban for someone like my husband is harsh and ridiculous!! As I'm sure it is for others on here whose spouses are decent folks trying to do the right thing. 3 yr. or 10yr. is just downright stupid! There are criminals out there who aren't dealt with so harshly as this!!
Being VALIDLY married to a USC should carry heavy weight in these decisions. IMO.


If his entry was not legal, which it wasn't, AOS or waiver processing in the country is not an option. You're extremely lucky that he wasn't deported at the interview.

If you want the case transferred, you have to do it. I would search the USCIS site - there's a special form and fee.

With illegal presence of more than one year and then another re-entry, a waiver is not available for ten years. Yes, being married to a USC should carry weight -- and does -- it means a waiver is available in many, many cases. It seems the DHS view is one period of illegal presence is "forgiveable" but two just shows disregard for US immigration law.

Aliens Unlawfully Present After Previous Immigration Violations

INA §212(a)(9)(C) provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States and if, prior to the alien's embarkation, the Attorney General has consented to the alien's reapplying for admission.

It appears your lawyer isn't very well versed in immigration law - I would consider dropping him rather than giving him any more money as he has already given you incorrect advice regarding in country AOS.

[kitkat1]

The 10yr bar is give to people who stayed INSIDE the US without status over 180 days and that is why you need a 601 waiver. Correct?

As Adriane stated, the 3 year ban is for illegal presence for 181 to 364 days and 10 years for more than one year. The ban goes into effect when the person leaves the US. Under 180 days = no ban.

[Inka2007]

When my husband has been denied in Vienna for 1st interview, they handed him a form to filled up and filed a waiver, then the HSL later.
*Section 212(a)(9) (B)(i)(II) unlawfully in the U.S. for one year within the last 10 years
*You are eligible for waiver of the grounds of ineligibility. To apply for a waiver, blah blah
Do you think there's a possible chance to ge a visa?
I'm just curious.

[marquesita]

Hola, everybody, this is my case: I was caught crossing the border in mexico, octuber 2000, the border patrol toock my finger prints,and then he left me come back to mexico again in the same day, I come back to usa the next day, and Iam here since that day, I get married in augost 2006, my husbant is american citizen, I don't now what kind of waiver I need the I-601. or the I-212 ????????????

[melissan02]

If his entry was not legal, which it wasn't, AOS or waiver processing in the country is not an option. You're extremely lucky that he wasn't deported at the interview.
If you want the case transferred, you have to do it. I would search the USCIS site - there's a special form and fee.

With illegal presence of more than one year and then another re-entry, a waiver is not available for ten years. Yes, being married to a USC should carry weight -- and does -- it means a waiver is available in many, many cases. It seems the DHS view is one period of illegal presence is "forgiveable" but two just shows disregard for US immigration law.

Aliens Unlawfully Present After Previous Immigration Violations

INA §212(a)(9)(C) provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States and if, prior to the alien's embarkation, the Attorney General has consented to the alien's reapplying for admission.

It appears your lawyer isn't very well versed in immigration law - I would consider dropping him rather than giving him any more money as he has already given you incorrect advice regarding in country AOS.
Yes, we were nervous of him being taken at the interview simply because he's basically been red flagged now...or on the radar screen. However, he wasn't and we're thankful....we also have to wonder why?? We were told of the options our lawyer chimed in and the immigration officer let us leave without voicing our decision.
We feel confident w/ our lawyer. Even if that means dragging this out over a long period of time.
Waiting 10 years to file a waiver is outrageous! My goodness....I look that far down the road and I'd be 45 years old!! Relocating to a below par country for 10 years????---No way!

*Please, let me get this straight. We couldn't file a hardship waiver b/c hubby is ineligible--right? Is there something to file in place of this??? --A 212??? Help me get this straight. All of this stuff makes my head spin. Surely there is something for us to file that could give consideration without having to wait 10 years. ???? Anyone???

[nadiah_25]

So, that is why you would need a 601 waiver for the ban....

[Laura]

*Please, let me get this straight. We couldn't file a hardship waiver b/c hubby is ineligible--right? Is there something to file in place of this??? --A 212??? Help me get this straight. All of this stuff makes my head spin. Surely there is something for us to file that could give consideration without having to wait 10 years. ???? Anyone???

No, there is nothing else you can file. Maybe a cancellation of removal, but there is nothing exceptional about your case that would make that remotely realistic (sorry, but that's the truth). The I-212 is an additional waiver you will need to file (in 10 years that is) if/when he is deported. The I-601 is for the illegal presence, the 212 is for a deportation.

Keep in mind, if you drag this out for a year and he is deported, the 10 years starts then - the 10-year clock doesn't start ticking until he leaves the country. If he is deported, you will have to file the additional waiver (the I-212), making your case even more complicated. But I suppose from your perspective it's a wash, as you're not really willing to move together to Mexico or the border.

And Mexico is not a "below par" country. :angry:

[Luckysprite]

Yes, we were nervous of him being taken at the interview simply because he's basically been red flagged now...or on the radar screen. However, he wasn't and we're thankful....we also have to wonder why?? We were told of the options our lawyer chimed in and the immigration officer let us leave without voicing our decision.
We feel confident w/ our lawyer. Even if that means dragging this out over a long period of time.
Waiting 10 years to file a waiver is outrageous! My goodness....I look that far down the road and I'd be 45 years old!! Relocating to a below par country for 10 years????---No way!

*Please, let me get this straight. We couldn't file a hardship waiver b/c hubby is ineligible--right? Is there something to file in place of this??? --A 212??? Help me get this straight. All of this stuff makes my head spin. Surely there is something for us to file that could give consideration without having to wait 10 years. ???? Anyone???

I am not trying to sound harsh - but in the face of reality - you are almost trying to 'drag out' an inevitable situation. If they we unaware of him before the interview - I would think that they certainly are aware now - and it may seem unrealistic in todays time - that they will just let it be. They have begun cracking down on immigrants all over the country. And I guess if it was me, in your situation, I would be trying to be more pro-active about what our choices were - instead of having to be retro-active if a deporation does actually occur.

As Laurafern stated, having to file both the 601/212 does become more complicated - and therefore - assuming ones chance of approval has to go down slightly as well. The strength of your hardships would need to be greated in order to overcome this.

[Laura]

Hola, everybody, this is my case: I was caught crossing the border in mexico, octuber 2000, the border patrol toock my finger prints,and then he left me come back to mexico again in the same day, I come back to usa the next day, and Iam here since that day, I get married in augost 2006, my husbant is american citizen, I don't now what kind of waiver I need the I-601. or the I-212 ????????????

Marquesita - I didn't see your post before now.. better that you post in a new thread - however, it sounds like you will be eligible for the I-601 waiver. It sounds like you were "caught and released," not deported, so you shouldn't need an I-212. Read other threads in the forum under waivers - I-601 Mexico for more information.

[Adriane]

When my husband has been denied in Vienna for 1st interview, they handed him a form to filled up and filed a waiver, then the HSL later.
*Section 212(a)(9) (B)(i)(II) unlawfully in the U.S. for one year within the last 10 years
*You are eligible for waiver of the grounds of ineligibility. To apply for a waiver, blah blah
Do you think there's a possible chance to ge a visa?
I'm just curious.

Inka- Did you file the waiver? If you presented a reasonable extreme hardship case then, yes, I think a visa is possible, dependent unpon the strength of your waiver petition. But he WON'T get the visa unless you file the waiver.

Marquesita- Yes, Laura is right, you should be fine. Good luck and make sure you check out the stickies about how to put together a good HSL (hardship letter.)

Melissan02- I know you're upset and you have a right to be- this is a hard pill to swallow. We all felt that way- and there are several people in shoes similar to yours.

But Laurafern, Kitkat & Luckysprite are right. Your husband *IS* ineligible to file a waiver and there is no other way for him to get legal status in the US. Right now, you are essentially waiting on borrowed time. Perhaps it will stretch out till 2009- but I doubt it. And Luckysprite has a good point- if you get deported rather than leave on your own, you make this much harder on yourself later....

So you need to consider what you want to do, realistically. You can A) decide to live apart for the next 10 years, B) You can decide to live on a border city in either Mexico or Canada for the next 10 years, C) You can move to another country together or D) You can try to hide from ICE indefinitely.

We're living in Ciudad Juarez- it's not great, but we're making it work. True, we don't have 10 years to wait, but if we had to, I guess we'd just do it. And although it's not the US, I wouldn't call it "sub par....."

There are other members living in Canadian border cities and still more members living in Mexico or other countries.

I know this is a hard pill to swallow- but given the situation as you presented it here, you do NOT have any legal options to avoid the 10 year wait. I'm sorry.

Whatever you chose to do, I'd sure you'll find a lot of help here. Good luck.

[kitkat1]

Yes, we were nervous of him being taken at the interview simply because he's basically been red flagged now...or on the radar screen. However, he wasn't and we're thankful....we also have to wonder why?? We were told of the options our lawyer chimed in and the immigration officer let us leave without voicing our decision.
We feel confident w/ our lawyer. Even if that means dragging this out over a long period of time.
Waiting 10 years to file a waiver is outrageous! My goodness....I look that far down the road and I'd be 45 years old!! Relocating to a below par country for 10 years????---No way!

I think you just got very very lucky at the AOS interview. If I were in your shoes I would think long and hard about continuing to work with a lawyer who gave you very poor advice. After all, it's clear right on the I-485 AOS form that people who entered illegally are not eligible to AOS in the US. Why your lawyer would encourage you to do something that could have resulted in immediate deportation (not to mention the wasted time and money) is a question I personally would want answered. I can't imagine why he would suggest waiting to see what is sent to you -- either way, it's not good news whether it's a denial or a deporation order. And the idea of arguing a "defective entry rather than EWI" - well, it sounds absurd to me. I would run that past someone like Laurel Scott.

As others have said, dragging it out is risky proposition. For one, he could deported at any time -- routine traffic stop, raid, etc. You already stated that you are afraid immigration authorities will knock on your door -- and believe me, it happens, regularly. It doesn't help that the AOS interview alerted them to his status (although in reality the I-130 petition did the same). In any event, a deportation will make things a whole lot harder.

And while it's not an easy concept to grasp right away, it seems relocating to a border city or a third country would make a lot of sense. I guess it depends on how much of a risk-taker you are - the risk here being staying in the US. .

[jesuslovesyou]

Well can you rebrief the situaion i see lots of comoshion going on hear dont be hasty. leaving the country is not allways a good option lots of bars apply outside rather than inside and does he qualify for 245 (i) if so he would be safe

JLU

[melissan02]

Don't get me wrong...I see exactly the advice based on personal experience that you all are giving, and I've learned a lot in the few days since I started this board. However, hubby and I are not willing to throw in the towel just yet and pack up, sell a newly built home, leave a teaching position, etc. just to go live in Ciudad Juarez.
**BTW Hubby loves his home country of MEX, but will right out state that it is "sub par"....in so many areas (e.g. health care, education, economics, etc. etc.) ---that's why my husband left MEX to come for a better life...as many others have, and do. If it wasn't "sub-par" there wouldn't be so much of a need to come.

For now we'll take the borrowed time. A fellow who lives near us that is an aquaintance of my husband, EWI'd, married to a USC, divorced, and has been trying to get AOS for 18 years...all from here in the soil of the good ol' USA! Believe it!!



*Can someone please answer me what constitutes a cancellation of removal???

*While there is much you do know about our case, there are details I have left out....I don't feel that a forum is the right place to divulge all info.
so....in essence, there could be chance for us. I'm willing to go to the bitter end.
Interestingly enough, the immigration officer that did our interview told us to get my husband's SSN card. I just think this is the darndest thing!:bounce: He's considered illegal, triggered a 10 yr. ban, yet they say he can get a social security card! :rolleyes::rolleyes: Unbelievable!!!

[princesa]

Can someone explain to me how he can get an SSN card...I thought that only came after the Green card...

Melissan...I have stayed in Mexico and although it is not the ideal place for my family to live...I would rather be with my husband there as opposed to being in the US without him...as a matter of fact I am going back in September to be with him because of the love I have for him. I don't know how much time we are looking at but I do know if his waiver is not approved it will be 10 years and I will be right there with him.

I'm not trying to be harsh either but if it was me looking at an inevitible deportation I would be making plans as opposed to excuses. If your husband is deported are you willing to stay where you are without him and could you on your salary pay for your "newly built house" that you don't want to give up?

the people here are trying to give you good advice and this something that they are very knowledgeable about and the fact is that because he EWIed twice he is ineligible for the waiver for 10 years.

[melissan02]

Can someone explain to me how he can get an SSN card...I thought that only came after the Green card...

Melissan...I have stayed in Mexico and although it is not the ideal place for my family to live...I would rather be with my husband there as opposed to being in the US without him...as a matter of fact I am going back in September to be with him because of the love I have for him. I don't know how much time we are looking at but I do know if his waiver is not approved it will be 10 years and I will be right there with him.

I'm not trying to be harsh either but if it was me looking at an inevitible deportation I would be making plans as opposed to excuses. If your husband is deported are you willing to stay where you are without him and could you on your salary pay for your "newly built house" that you don't want to give up?

the people here are trying to give you good advice and this something that they are very knowledgeable about and the fact is that because he EWIed twice he is ineligible for the waiver for 10 years.
Advice here has been helpful/knowledgeable and very appreciated...believe me.:) But considering there are facts about our case that are not known on this board, it is a bit premature for us to begin making plans to uproot ourselves and move to MEX.
Plus, even if this whole deal is ready to roll, and we're ineligible to do a waiver for 10 years, we've both as husband and wife decided that we're going to try and avoid moving to a place we don't want to be at all costs. Its just worth it to us to fight until there is no more chance...even facing the inevitable. I'd rather know that we tried everything from here in the U.S. than just put a new house on the market, resign from a tenured teaching position, and roll em' up and move em' out to Ciudad Juarez!!

The reason my husband was able to get a SSN card is that his Employment Auth. was approved and he got a card. What we've had approved is the I-130 and his EAD. The immigration officer at the interview told us he could get a SSN card. Isn't that the darndest thing?!?!:rolleyes::bounce:

What makes me angry about this whole 3/10yr. ban thing is the whole notion that all immigrants (EWI's or Overstays) have the same consequences applied to them.....I'm sorry but 3/10 yr. bans are TOO harsh! Folks who come forward trying to do the right thing should have that count for something. Instead, one rule applies to all, and this alone should be a great case for CIR!!!!!
I honestly couldn't support to keep/afford our home if I stayed here. Plus, that's out of the question for me to stay and him to have to go. From the beginning of this mess our position has and always will be to stay together. Therefore, if we have to leave to CDJ or wherever, we'll stick together. I'd just like it to be possible to file a waiver, so as not to have to have the 10 yr. ban apply. :shy:

[princesa]

What makes me angry about this whole 3/10yr. ban thing is the whole notion that all immigrants (EWI's or Overstays) have the same consequences applied to them.....I'm sorry but 3/10 yr. bans are TOO harsh! Folks who come forward trying to do the right thing should have that count for something. Instead, one rule applies to all, and this alone should be a great case for CIR!!!!!
I honestly couldn't support to keep/afford our home if I stayed here. Plus, that's out of the question for me to stay and him to have to go. From the beginning of this mess our position has and always will be to stay together. Therefore, if we have to leave to CDJ or wherever, we'll stick together. I'd just like it to be possible to file a waiver, so as not to have to have the 10 yr. ban apply. :shy:

I understand and I completely agree with you...I wasn't trying to sound harsh just trying to understand. good luck and I hope everything goes well for you..

I will say a prayer for you.

[melissan02]

I understand and I completely agree with you...I wasn't trying to sound harsh just trying to understand. good luck and I hope everything goes well for you..

I will say a prayer for you.
Thank you so much. :)
Believe me...I know folks on here have heart-wrenching situations, to which I am certainly more empathetic towards now.
Its just that my husband and I have decided that we'll dig our heels in and try until there is absolutely no other choice. Its worth it to us....then we'll take things as they come...even if it means uprooting and relocating.

My prayers are for everyone on here who has a situation that has, or is threatening to separate families. That soon, and very soon there will be CIR that will benefit so many families.
One thing I believe to be true...God doesn't make mistakes, so wherever we are in this process, its supposed to be that way for some reason.

[princesa]

Thank you so much. :)
Believe me...I know folks on here have heart-wrenching situations, to which I am certainly more empathetic towards now.
Its just that my husband and I have decided that we'll dig our heels in and try until there is absolutely no other choice. Its worth it to us....then we'll take things as they come...even if it means uprooting and relocating.

My prayers are for everyone on here who has a situation that has, or is threatening to separate families. That soon, and very soon there will be CIR that will benefit so many families.
One thing I believe to be true...God doesn't make mistakes, so wherever we are in this process, its supposed to be that way for some reason.
you are so right...We were told when we filed the waiver that the process was taking about 6 months so I stayed with my husband in Mexico for 2 months and things got really bad with his family and the boys and I returned home to wait the remaining 4 months (so we thought) and then I found this website about a month ago and found out that it is going to be a lot longer..so I have decided to pack up again and move back with my boys to wait with their daddy for this whole thing to end...as I said I don't know what our future holds but I know that what ever happens is God's will

[nadiah_25]

you are so right...We were told when we filed the waiver that the process was taking about 6 months so I stayed with my husband in Mexico for 2 months and things got really bad with his family and the boys and I returned home to wait the remaining 4 months (so we thought) and then I found this website about a month ago and found out that it is going to be a lot longer..so I have decided to pack up again and move back with my boys to wait with their daddy for this whole thing to end...as I said I don't know what our future holds but I know that what ever happens is God's will


Wow princesa, you are going through the same thing we are going throught....
I filed our waivers in Jan 07 and were told 6 months too, my husband moved over here with me cause I have NO ONE like 3 months ago and things are getting kind of bad with my inlaws..... we are even thinking of moving but can not afford we ow soooo much money, it's not even funny!!!
Just like you, last month I found this forum and discovered the harsh, real trugh of the REAL process and I was sooo stressed, I started to loosing my hear, lost 8lbs in a week and my period was late for over 8 days (Not having a baby) To top it, I think we need to send an updated HSL because my husband wrote his in spanish and our lawyer tells us that is OK...
What are you doing to stay saine and not loose it?
I know God is helping to get through this and I know it is for a reason, don't know why jet, but I am sure I will find out soon.....

Sorry for all the info and the drama.... I am a bit frustated and depressed.....

[Pinkpig]

When my husband has been denied in Vienna for 1st interview, they handed him a form to filled up and filed a waiver, then the HSL later.
*Section 212(a)(9) (B)(i)(II) unlawfully in the U.S. for one year within the last 10 years
*You are eligible for waiver of the grounds of ineligibility. To apply for a waiver, blah blah
Do you think there's a possible chance to ge a visa?
I'm just curious.


Yes, most people on this forum have or are waiting on approval of the I-601 waiver to overcome 10 year ineligibility. Here is a list just from members who filed through Vienna:

szerelem Vienna ? Approved 1-Dec-05 6-Jul-06
sasava Vienna ? Pending 3-Apr-06
Anon823 Vienna (Frankfurt) Tirana, Albania Approved 30-Jun-05 13-Mar-06 Over S-I I2U Vienna rec'd July 16
ridvani Vienna Tirana, Albania Approved 27-Jul-06 2-Feb-07 CIMT S-I self Kosovo
Rebecca Walker Vienna Tirana, Albania Denied 16-Aug-06 28-Mar-07 S vienna rec'd 9/21 massagewalker1@yahoo.com
passion0075 Vienna Tirana, Albania Denied Y 28-Dec-06 Over,F/M S-I not allowed to file asylum denied, deported
(nfgirl) Neenzy Vienna Macedonia Y Over,CIMT S
cindy101 (cindy.erjon) Vienna Tirana, Albania Pending 21-May-07 F/M S-I received by Vienna June 3, 2007 Senator Voinovich's
czech Vienna Tirana, Albania F/M
tini Vienna Belgrade Approved Y 31-Aug-06 28-Mar-07 S-I viennea reced sept 06
Usany Vienna Croatia Approved 7-Apr-06 6-Dec-06 Over S
Markyzka Vienna Czech Rep. Approved 18-Dec-05 16-May-06 Over, F/M S fingerprints done 3/2, Vienna rec'd 3/13, fwd to Frankfurt May 5
allya Vienna Czech Rep. Approved 12-Jun-06 1-May-07 Over S-I
All5 Vienna Hungary Den'd/Filed Appl 1-May-05 1-Oct-06 refiling Jan 2, 07
Tatanga Vienna Poland/Warsaw CIMT F Lithuania
Crystal/Max Vienna Poland/Warsaw Denied 1-Feb-07 Russia hiring lawyer to appeal
Lola Vienna Poland/Warsaw Over Latvia 3 year ban over in October not sure if file 601 or not
Panamr (Concerned) Vienna Romania Approved 15-Mar-04 ? Over S I2U
Saywhat? Vienna Romania Denied 18-Nov-04 1-Aug-05 Over S possibly decided in Rome - unsure
ioan (Anita) Vienna Romania Approved 1-Jul-06 1-Feb-07 F/M, Over S-I
MrsTT Vienna Romania Approved 6-Dec-06 22-May-07 S
ngcoman Vienna Romania Pending 27-Feb-07 Over 3 year ban husband in Georgia
Ftroop Vienna Romania Y F/M

[Pinkpig]

Hola, everybody, this is my case: I was caught crossing the border in mexico, octuber 2000, the border patrol toock my finger prints,and then he left me come back to mexico again in the same day, I come back to usa the next day, and Iam here since that day, I get married in augost 2006, my husbant is american citizen, I don't now what kind of waiver I need the I-601. or the I-212 ????????????

According to the information that you have stated here you are eligible for the I-601 waiver based upon your marriage to a USC. You start the process by filing the I-130. DO NOT LEAVE THE US until you go to CDJ for your consular interview!!!

[Pinkpig]

[QUOTE=melissan02;11605]

Its just that my husband and I have decided that we'll dig our heels in and try until there is absolutely no other choice. Its worth it to us....then we'll take things as they come...even if it means uprooting and relocating.

QUOTE]

Melissa02,

I know you stated something about work authorization and I wonder if this applies to your case?

http://www.humanrightsattorney.com/sub/index.jsp?contentid=8UaXpb1ONUR67EhJmslIQrUx

Who is Eligible For Adjustment of Status?

Adjustment of status is only available to individuals who have always maintained lawful status in the United States. However, those whose labor certifications or immigrant visa petitions were filed prior to January 14, 1998?which has now been extended to April 30, 2001?could adjust their status even if they have violated U.S. immigration laws by not complying with the terms of their nonimmigrant visas. These individuals would have to pay a penalty fee of $1,000. Also, certain employment-based visa applicants could adjust status if they had not been out of nonimmigrant status for more than an aggregate of 180 days, even if the labor certification is filed by April 30, 2001.

[melissan02]

[QUOTE=melissan02;11605]

Its just that my husband and I have decided that we'll dig our heels in and try until there is absolutely no other choice. Its worth it to us....then we'll take things as they come...even if it means uprooting and relocating.

QUOTE]

Melissa02,

I know you stated something about work authorization and I wonder if this applies to your case?

http://www.humanrightsattorney.com/sub/index.jsp?contentid=8UaXpb1ONUR67EhJmslIQrUx

Who is Eligible For Adjustment of Status?

Adjustment of status is only available to individuals who have always maintained lawful status in the United States. However, those whose labor certifications or immigrant visa petitions were filed prior to January 14, 1998?which has now been extended to April 30, 2001?could adjust their status even if they have violated U.S. immigration laws by not complying with the terms of their nonimmigrant visas. These individuals would have to pay a penalty fee of $1,000. Also, certain employment-based visa applicants could adjust status if they had not been out of nonimmigrant status for more than an aggregate of 180 days, even if the labor certification is filed by April 30, 2001.
Thanks for that link,:wink: but I'm not sure after reading it that I understand. I'm a well educated person, but when it comes to all this mumbo jumbo,well, I'm lost!:bounce:
All I know is that my husband got work authorization (a card valid for one year) and an approved I-130. We went to social security office and did an application for a SSN card with his work auth. card. The ssa lady said it would be approx. 2-4 weeks for his card to arrive.


**So, there are ways to file something to appeal a 10 year ban??? What is that exactly?? Is that the 601??
My main question is there any way to appeal a 10 year ban??
If I could get past that, I'd move to CDJ for 3 or perhaps 5 years, but 10 years won't happen.
Can someone supply info.????
Thanks!

[Adriane]

You can waive the 10 year ban with an I-601- but you do not have a 10 year ban, Melissan02, you have a lifetime ban for which a waiver is available after 10 years. Single entries get 10 year bans with waivers generally available immediately, multiple entries get lifetime bans with waivers available after 10 years. Sorry.

[princesa]

Wow princesa, you are going through the same thing we are going throught....
I filed our waivers in Jan 07 and were told 6 months too, my husband moved over here with me cause I have NO ONE like 3 months ago and things are getting kind of bad with my inlaws..... we are even thinking of moving but can not afford we ow soooo much money, it's not even funny!!!
Just like you, last month I found this forum and discovered the harsh, real trugh of the REAL process and I was sooo stressed, I started to loosing my hear, lost 8lbs in a week and my period was late for over 8 days (Not having a baby) To top it, I think we need to send an updated HSL because my husband wrote his in spanish and our lawyer tells us that is OK...
What are you doing to stay saine and not loose it?
I know God is helping to get through this and I know it is for a reason, don't know why jet, but I am sure I will find out soon.....

Sorry for all the info and the drama.... I am a bit frustated and depressed.....
nadiah I have been spending a lot of money to go and visit and I am getting ready to go back in September to wait it out with him...although it was not an ideal situation when I was there things with his family have changed a little and I am willing to make a sacrifice and try this again just so we can be together.

I am sorry that your situation is not good either...I will definitely say a prayer for you and your husband that things get better.

[Laura]

So.... Melissa - your husband actually received a SS card??!! So a person can fraudulently (I know this is your lawyer's fault, but still...) pursue in-country adjustment of status and receive an EAD and get a SS card??? That is news to me... My husband went to SS two weeks ago (before he received his green card) with the visa/stamp in his passport and he wasn't even allowed to apply for the SS card!!! (He finally got it yesterday though!) That is amazing.

Someone mentioned 245i -- that would only apply to Melissa and her husband if he somehow had an approved I-130 petition from before 2001. If that were the case they could adjust in CDJ for $1000. But that's very rare...

Anyway, Melissa - I completely agree that the 10-year ban is ridiculous. The fact that a person has left and re-entered the U.S. a few times does not reflect badly on their character in any meaningful way. No one is arguing that the laws are just, only that you seem to be ignoring the reality of your situation. Still, with your determination, maybe you will find the loophole that no one else has... I guess you never know.

The fact is, the point of this forum is to help people navigate the immigration system, and in reality, a lot of people have been through the same basic path that you are on, and most have been successful. The only solution to the 3/10-year/lifetime bars is a change in the law, which we all should be fighting for, but in reality only a change in the attitude toward immigrants in this country and a Congress willing to take on this highly controversial topic will result in better laws. There are a lot of "ifs" there. Maybe it will happen in 2009, but we might get another bunch of garbage ala the grand bargain and no reprieve for people suffering under the family immigration system. You never know.

[jesuslovesyou]

for 245(i) u dont need approved i-130 by april 30 2001 u need to prove that the qualifying relationship eisted by then please read the section carefully you might be eligible

JLU

[kitkat1]

for 245(i) u dont need approved i-130 by april 30 2001 u need to prove that the qualifying relationship eisted by then please read the section carefully you might be eligible

JLU

The I-130 petition would have had to have been FILED before April 30, 2001 based on either an employer or a relative. It doesn't matter if you can prove now that the relationship existed then -- if the petition wasn't filed, the person no longer qualifies.

[Pinkpig]

http://www.shusterman.com/245i-faq.html

Q2. What must I do to qualify for §245(i)?

A. A person with a labor certification or a visa petition filed on their behalf on or before January 14, 1998 is qualified for the benefits of §245(i). Under the new law, a person who has a labor certification or visa petition filed on their behalf after January 14, 1998, but on or before April 30, 2001, is also qualified for the benefits of §245(i) but only if they were physically present in the U.S. on the date of enactment of the new law (December 21, 2000).

[pen1137]

my husband got his ead 8 days after our lawyer filed (aos, in-country waiver), ssn soon thereafter. i kid you not. we had no clue on the process at that time-almost 8 years ago - so we never questioned that part - not to mention the fact our lawyer said he filed in dec., when he actually filed 3 months later, leading to an overstay. that first lawyer is now disbarred for several reasons, and we are still waiting for that elusive green card.

weird things happen...

[Pinkpig]

weird things happen...


Boy you can say that again...

Pen, didn't your Keith enter with a visa?

[pen1137]

yes, he came in on the vwp, legal and all :)

[pen1137]

didn't mean to imply that this happens with ewi cases, just that some oddities do happen.

[Adriane]

Long ago, before we started this process, my attorney- who led me astray in many other ways- was trying to explain to me that the 3/ 10 year ban is a definite, not a possibility. I asked him what would happen if we went to our interview in the US and he said that I could file the paperwork, and they would send him an EAD card and issue him a SS number- and then they would put him in deportation preceedings. So I guess that's what happened here. Among the other many, many tidbits of bad advice my attorney gave me, not filing in the US was a good one.

[Pinkpig]

didn't mean to imply that this happens with ewi cases, just that some oddities do happen.


gotcha....you can say that again...you are very profound tonight.

[pen1137]

i'm profoundly looking for a good chicken recipe tonite and just keep popping in to see if anything new is happening...lol

[Pinkpig]

i'm profoundly looking for a good chicken recipe tonite and just keep popping in to see if anything new is happening...lol

:thumbup: well, I am sure that I must know at least one good chicken recipe tonight but my brain is fried at the moment. :D

[nadiah_25]

nadiah I have been spending a lot of money to go and visit and I am getting ready to go back in September to wait it out with him...although it was not an ideal situation when I was there things with his family have changed a little and I am willing to make a sacrifice and try this again just so we can be together.

I am sorry that your situation is not good either...I will definitely say a prayer for you and your husband that things get better.

Thank you princesas and I hope things get better for you and your family as well!!!

I don't know if you are catholic but there is a Saint named "Santo Toribio" and he is the saint of all immigrants, I will be praying for you and your family so everything goes well!

Oh and good luck in September!

Nadia

[jesuslovesyou]

i know one chicken recipe ...


and its CHICKEN ...thats it bake it and eat it


well thats all i know unless u wanna make much complicated stuff like mougulai chicken and poppyseed chicken.:)


JLU

and yeah they r spicy and good for spicy chicken dont use chicekn from your regular grocery store get wild chicken rather than farmed chicken they taste better s they make a bette tasting gravy

[melissan02]

Well, I've learned a lot since being in this forum.
I question every moment what our lawyer is up to, but for now...until we hear another thing I'm going to assume that he will pull out all stops.
Not sure what to do.
No, we didn't file a petition until 2006 (last summer)...
we have an I-130 approved...
we have an I-765 (work authorization approved)...
applied recently for SSN card which should be here w/in 2-4 weeks....

The laws stink! Flat out stink!!
Just last night on a major news network, a piece aired that stated the Dept. of Homeland Security will be setting forth new regulations within a couple of weeks re: companies that hire illegal immigrants with fraudulent documents. There's gonna be a big crackdown...sounds like.
This will drive some major companies out of business if they lose the majority of their work force. Companies that we all depend on for goods and services. Why oh why don't these big money people do something more...make some noise! Big money pays for elections....politicians should have paid attention!!

[pen1137]

until the general population (voters) actually understand the immigration laws, nothing will change. politicians are soliciting the votes of the anti-immigration population because these people have no clue what it entails. go ask 20 people on the street and over 75%, if not more, will say they thought you could gain citizenship with marriage to a USC. the politicians are catering to the anti-immigration voters, and they already have the major companies in their back pocket.

i should not have commented, but this govt so ticks me off... :(

[princesa]

Thank you princesas and I hope things get better for you and your family as well!!!

I don't know if you are catholic but there is a Saint named "Santo Toribio" and he is the saint of all immigrants, I will be praying for you and your family so everything goes well!

Oh and good luck in September!

Nadia
thanks so much nadiah..I am not catholic but I appreciate all the prayers

[princesa]

until the general population (voters) actually understand the immigration laws, nothing will change. politicians are soliciting the votes of the anti-immigration population because these people have no clue what it entails. go ask 20 people on the street and over 75%, if not more, will say they thought you could gain citizenship with marriage to a USC. the politicians are catering to the anti-immigration voters, and they already have the major companies in their back pocket.

i should not have commented, but this govt so ticks me off... :(
I apparently have family that doesn't completely grasp how immigration works/

[Inka2007]

Hi Adriane!

He was interviewed and was denied last May. And sent the HSL first week of July.















Marquesita- Yes, Laura is right, you should be fine. Good luck and make sure you check out the stickies about how to put together a good HSL (hardship letter.)

Melissan02- I know you're upset and you have a right to be- this is a hard pill to swallow. We all felt that way- and there are several people in shoes similar to yours.

But Laurafern, Kitkat & Luckysprite are right. Your husband *IS* ineligible to file a waiver and there is no other way for him to get legal status in the US. Right now, you are essentially waiting on borrowed time. Perhaps it will stretch out till 2009- but I doubt it. And Luckysprite has a good point- if you get deported rather than leave on your own, you make this much harder on yourself later....

So you need to consider what you want to do, realistically. You can A) decide to live apart for the next 10 years, B) You can decide to live on a border city in either Mexico or Canada for the next 10 years, C) You can move to another country together or D) You can try to hide from ICE indefinitely.

We're living in Ciudad Juarez- it's not great, but we're making it work. True, we don't have 10 years to wait, but if we had to, I guess we'd just do it. And although it's not the US, I wouldn't call it "sub par....."

There are other members living in Canadian border cities and still more members living in Mexico or other countries.

I know this is a hard pill to swallow- but given the situation as you presented it here, you do NOT have any legal options to avoid the 10 year wait. I'm sorry.

Whatever you chose to do, I'd sure you'll find a lot of help here. Good luck.[/QUOTE]

[agarrard]

Hola, everybody, this is my case: I was caught crossing the border in mexico, octuber 2000, the border patrol toock my finger prints,and then he left me come back to mexico again in the same day, I come back to usa the next day, and Iam here since that day, I get married in augost 2006, my husbant is american citizen, I don't now what kind of waiver I need the I-601. or the I-212 ????????????

Can somebody explain to me why Marquesita is eligible? Doesn't she have 2 EWI's = Lifetime ban?

[inlimbo]

Marquesita is eligible because she only had one EWI. She was caught and fingerprinted ("Catch and release") and sent back to Mexico - that does not count as an entry.

[Laura]

Also, to clarify, it's not exactly two EWI's that ban you, it's two stays of unlawful presence.. more specifically, an EWI, followed by more than 180 days of unlawful presence, followed by some sort of departure and a second EWI. Does that make sense? It's confusing, a lot of times we refer to it as two EWIs for simplicity, but it's not that simple.

[inlimbo]

Also, to clarify, it's not exactly two EWI's that ban you, it's two stays of unlawful presence.. more specifically, an EWI, followed by more than 180 days of unlawful presence, followed by some sort of departure and a second EWI. Does that make sense? It's confusing, a lot of times we refer to it as two EWIs for simplicity, but it's not that simple.

that's a very good point!

[agarrard]

Okay, I get it! Man, it was late and I was reading all the posts on this thread and it got so mixed up in my head! Thanks!

[melissan02]

There's no hope for my situation with my dear husband. :cry: The "powers that be" now know he had two stays in excess of 180 days AND although he departed for less than 90 days and EWI'd again to come back to me. We have no hope....I would like to think applying for a cancellation of removal if/when it comes to that time, but.....my hopes are dwindling.:(

Looks as though we'll just give them what they're forcing upon us....to me IMO, its either get punished for being illegal, or BE illegal! Not much of a choice for folks who have a valid, committed marriage and are trying to do the right thing. So....we'll just do things the illegal way I guess. Can't tell me others out there in the U.S. are doing it as we speak.

We just don't want to put our lives on hold in Mexico for 10 years, away from our family, friends, church, etc. Its not a place we want to be for 10 years...or possibly longer b/c after waiting the required 10 years our waiver still might not be approved! :confused: No way!

The choice is clear to us.

[Adriane]

Melissan02-

I'm so sorry.

Do try to avoid getting him deported- if he is given the option of voluntary departure, he should take it, it will make things easier in the future *and* if the laws change .

Again, if you'd like info about living in CDJ, just ask.

Adriane

[melissan02]

Melissan02-

I'm so sorry.

Do try to avoid getting him deported- if he is given the option of voluntary departure, he should take it, it will make things easier in the future *and* if the laws change .

Again, if you'd like info about living in CDJ, just ask.

Adriane
I think I'd rather get info. on the possibility of living in Canada. Is that an option for us??:erm:
Personally I think it would be better for us. My husband is from much farther south in Mexico than CDJ, and in a remote/country setting. He has never even been outside his little "rancho", much less CDJ!! We'd both be lost. Plus, considering my health problems, I'd rather get adequate health care in Canada than Mexico.
***Even if we voluntarily depart, if the laws change more favorably for us, would we even still fall under those laws after VD????? Boy, it would totally stink:angry::angry: if we had to continue to abide by the 10 yr. ban to file a waiver and others here who haven't stepped forward to do the right thing get to automatically benefit and receive AOS!!!!!!!!!!!!!!!!

[Adriane]

Melissa-

The reason I suggested CDJ and the reason why we live here is that I'm able to work in El Paso, TX- and shop there, get medical care there, have US medical insurance, bank accounts, etc. I cross into the US every morning and backinto Mexico everynight.... Sometimes I see doctors in CDJ (Mexico), sometimes El Paso (TX), depending on what it is, etc. My husband's family is all in Tabasco- it borders Guatemala. But we do alright here- although I do get sick of living in the desert.....

Canada (or any other non-US country) *IS* an option for you. You may want to check out the immigration requirements to immigrate there. You can both go as tourists without visas for up to 6 months (I think) and I guess he could work illegally there as he is in the US although I can't speak to that from experience but there are also classifications that would allow you to immigrate and have work privledges legally. I think as long as you both have college degrees- or have experience that classifies you as a professional- and the minimum bank balance (somewhere around $12,000 for a couple- I think) then you should be able to do. We figured that if we sold our house we could do it- but we decided to wait it out here instead....

You can look at guidelines here: http://www.cic.gc.ca/english/immigrate/

Good luck.

[emt103c]

In Canada it is MUCH more difficult to work illegally. They do not ignore it as they do in the U.S.

They are more immigrant friendly, and have a really good website for figuring out how to immigrate, but they check immigration status and frequently deport. It is in the news a lot (hubby is Canadian citizen and I'm staying here a lot with him.)

[melissan02]

Melissa-

The reason I suggested CDJ and the reason why we live here is that I'm able to work in El Paso, TX- and shop there, get medical care there, have US medical insurance, bank accounts, etc. I cross into the US every morning and backinto Mexico everynight.... Sometimes I see doctors in CDJ (Mexico), sometimes El Paso (TX), depending on what it is, etc. My husband's family is all in Tabasco- it borders Guatemala. But we do alright here- although I do get sick of living in the desert.....

Canada (or any other non-US country) *IS* an option for you. You may want to check out the immigration requirements to immigrate there. You can both go as tourists without visas for up to 6 months (I think) and I guess he could work illegally there as he is in the US although I can't speak to that from experience but there are also classifications that would allow you to immigrate and have work privledges legally. I think as long as you both have college degrees- or have experience that classifies you as a professional- and the minimum bank balance (somewhere around $12,000 for a couple- I think) then you should be able to do. We figured that if we sold our house we could do it- but we decided to wait it out here instead....

You can look at guidelines here: http://www.cic.gc.ca/english/immigrate/

Good luck.Humm...well El Paso doesn't sound so bad as far as driving there everyday to work, groceries, health care, etc. How far is it from CDJ to El Paso??
The only reason I mentioned Canada as a better option for us is my family could more easily drive to see us via Niagara Falls/Toronto area. They could make it in a days drive (very long day drive, but nonetheless a day) whereas driving to El Paso, TX would take two LONG days. Plus, I would be more worried with them crossing the border into Mexico to visit us. I dunno know...Canada just seems better for us. Plus, the climate suits me more than a hot, humid, dry desert.:crazy:

Eventually we'll start looking more seriously into this.
I do have a college degree, plus some post-graduate credits. A teaching position might be easy to come by in Canada as opposed to Mexico. My husband on the other hand does not have a college degree. Wouldn't it be "illegal" to work in Canada ..."illegally"?? :huh: Does that make sense?:bounce:
Plus, how would he go about getting a passport/visa to go to Canada if he's got all this trouble in the U.S.??? I'm new to all this...can you tell. heehee:wink:

[tonyr7]

melissan,
hi
im australian,my wife is a USC
im currently waiting on 212 and 601 waivers to be approved so i can return home to my family
IMHO you should stick it out and fight, no matter what
at least you will have the chance to have your story heard by a judge
our case was a little different....an adjudicator told us that my wife had withdrawn support for my application, and as i had entered on vwpp, i waived all my rights to appeal any decision they made...we didnt get to see a judge
i was arrested, detained for 8 weeks in an immigration hell hole, then deported under armed guard all the way back down under, all because the adjudicator knew she could do this to us without facing revue
your right the system sux i have a 10 yr ban and no criminal charges not even a speeding fine my wife and I have been married since 2002 and dealing with USCIS ever since then
we never tried to deny my presence in the US, in fact, they guided us thru the entire process only to then deport me
dont let the *******s win fight them all the way but at the same time, be prepared to lose your case as well
this whole immigration thing is open to lots of interpretations rules vary depending on who you talk too
i wish you the best of luck

[melissan02]

melissan,
hi
im australian,my wife is a USC
im currently waiting on 212 and 601 waivers to be approved so i can return home to my family
IMHO you should stick it out and fight, no matter what
at least you will have the chance to have your story heard by a judge
our case was a little different....an adjudicator told us that my wife had withdrawn support for my application, and as i had entered on vwpp, i waived all my rights to appeal any decision they made...we didnt get to see a judge
i was arrested, detained for 8 weeks in an immigration hell hole, then deported under armed guard all the way back down under, all because the adjudicator knew she could do this to us without facing revue
your right the system sux i have a 10 yr ban and no criminal charges not even a speeding fine my wife and I have been married since 2002 and dealing with USCIS ever since then
we never tried to deny my presence in the US, in fact, they guided us thru the entire process only to then deport me
dont let the *******s win fight them all the way but at the same time, be prepared to lose your case as well
this whole immigration thing is open to lots of interpretations rules vary depending on who you talk too
i wish you the best of luck
Thanks for your post. Sorry you have had such troubles and have been fighting things since 2002.
I feel that those who EWI'd from Mexico have it worse b/c immigration issues with Mexico and the US is a touchy subject.
I'm disheartened b/c my husband came here EWI, unlike you. However, what makes me angry is that by coming forward and putting ourselves out there to do the right thing, we're going to be punished for it with a 10 yr. bar from even filing a 601 OR 212!!!!!
My husband has never had a criminal record and has not even a parking ticket!! Other than EWIing he is a law abiding citizen, well-liked by many in our small community, and dearly loved by all of my side of the family. Does that sound like someone who deserves to just accept defeat and pack his bags???--No!
Just this morning on the news I saw where an illegal immigrant from Peru was arrested for the three teen shootings in New Jersey (last weekend), and come to find out he has child molestation charges. So my point is...here is someone that is an immigration law breaker, but has such terrible crimes on him...that is a person who deserves a the book to be thrown at him!!! How is giving my husband, although illegal, a 10 year bar justified?????---It isn't!!!

We've decided we're digging our heels in for this battle. I'd rather know personally that we made every last ditch effort to fight this, than to just pack up our entire lives and relocate to a place away from family, friends, community, church etc.
You know, Cindy Sheehan, the lady that posted herself outside Pres. Bush's ranch in Texas grew national media attention simply b/c she fought for what she believed was right (against the war in Iraq). Who's to say I wouldn't go to the same lengths???? It's worth the fight to me b/c I love my husband and we love our life together here.

So, this might be over stepping, and you can email me if you don't want to say on here, but are you currently in the US? or Down Under??
Best of luck to you and thanks for the pep talk!

[mariagerardo]

I am the one that originated this thread because it looks like my fiance (will be marrying him in one week!!!) might also be ineligible for the waiver. We are afraid that he might also have the ten year ban if he was formally deported when we tried to cross the border and was caught. It is devastating for us to be in this situation. We are about to get married and the sad thing is that the next day after our wedding I will be returning home in Chicago ALONE. I met my fiance while he was here EWI and he had to return to Mexico in 2005 because his dad died.

We have seen each other nine times since he left to Mexico. But it is extremely expensive to travel to see him. We will be filing the I-130 as soon as we are married, but are very afraid that instead of a "catch and release" it might end up that he was deported. This would make him ineligible to file the for the waiver for TEN LONG YEARS, which would mean we would have to wait until 2015 to apply again. We will take our chances and hope for a miracle. In the mean time, we will be newlyweds living in two different countries. It is absolutely heartbreaking!!!

I absolutely agree with you on how you feel. It is so unfair to have to go through this pain. At least your husband and you are together through all these problems. Unfortunately, I am not able to move to Mexico to be with my new husband for at least a few years due to financial circumstances that I must take care of first.

I wish there was something that we could all do to have these unfair laws changed.

Anyway, I am so glad to have found this site. It makes it so much easier to go through these difficult times when there are other people supporting each other.

Good luck to you and to all in this same situation.

[melissan02]

So sorry maria. Hang in there---I feel your pain and anguish.
Yes, my husband is here with me for now, but we're afraid of what will happen in the next few weeks. We received notice yesterday that our I-485 was denied. It also says there are no waivers for the offense....(i.e. EWI 1996, leaving for less than 90 days in 2000, and EWI again in 2001)....
I was distraught. I called our lawyer. Actually just got of the phone with him. Although I question why he would have had us do an AOS in the first place from here in the US, I truly believe (though its more $$ in his pocket) he's gonna drag our case through every pit he can so as to buy time. I even mentioned to him about doing a Cancellation of Removal. He said that is an option for us considering my health issues---although not extreme, they wouldn't warrant me living in Mexico where there is little chance I'd receive proper monitoring of a renal disease. So that's an option for us.
Thing is....
my husband, our love, and life here in the US is worth it to us to fight in every way we can. Even if that hurts our case in the long run, we'd rather know we did every possible thing we could. I just don't want to hold up a white flag and surrender when illegal immigrants who probably have deportation charges on them are living under the radar doing horrendous things!!!! (Not all of them mind you, but some)
My husband is a decent man with NO other crimes. He's known and liked in our community by reputible people...one of those the local sheriff and county commissioner!!! And you're telling me that b/c he EWI'd twice he's given a 10 year bar from filing a waiver to be here!?!?! NO WAY!!! I'm not just gonna lay down and die on this one!!
Fight, fight, fight! It may delay the inevitable, but whether a short delay or long delay we'll be together and fight together.

The only other option should we be forced out of this country is to re-enter illegally. Others here have done AND ARE DOING WORSE! It's better than being apart and living in a place that neither of us want to live for 10 years or more, and away from family. There will always be a porous border between US and Mexico. Until something is done legislation wise, folks will cross and some will get through, others not.
**I'll say that we know of a young man who just crossed 4 weeks ago EWI. Am I gonna tell anybody--NO WAY! It happens and will continue to happen. If that's the only option for me and my husband to be together should it come to that, then so be it. People live and work here under other names all the time and pay big $$$ to be able to do so ---it happens. So be it.

[melissan02]

I am the one that originated this thread because it looks like my fiance (will be marrying him in one week!!!) might also be ineligible for the waiver. We are afraid that he might also have the ten year ban if he was formally deported when we tried to cross the border and was caught. It is devastating for us to be in this situation. We are about to get married and the sad thing is that the next day after our wedding I will be returning home in Chicago ALONE. I met my fiance while he was here EWI and he had to return to Mexico in 2005 because his dad died.

We have seen each other nine times since he left to Mexico. But it is extremely expensive to travel to see him. We will be filing the I-130 as soon as we are married, but are very afraid that instead of a "catch and release" it might end up that he was deported. This would make him ineligible to file the for the waiver for TEN LONG YEARS, which would mean we would have to wait until 2015 to apply again. We will take our chances and hope for a miracle. In the mean time, we will be newlyweds living in two different countries. It is absolutely heartbreaking!!!

I absolutely agree with you on how you feel. It is so unfair to have to go through this pain. At least your husband and you are together through all these problems. Unfortunately, I am not able to move to Mexico to be with my new husband for at least a few years due to financial circumstances that I must take care of first.

I wish there was something that we could all do to have these unfair laws changed.

Anyway, I am so glad to have found this site. It makes it so much easier to go through these difficult times when there are other people supporting each other.

Good luck to you and to all in this same situation.
I'll help you any way I can maria. :) My prayers are with you.
I'm just fuming over the fact that decent people who are trying, or want to try to do the right thing, face a 10 year bar when folks like this young man, illegal immigrant from Peru, on the news does these horrible shootings--among other crimes----YET, my husband faces a 10 year bar!!!!! :wha::wha:
That is why its worth it to us to fight as long as we can. May be short lived, but we're gonna do it.
Ya'll might see me on national news before this is over with, but hey---it can happen.;)

[azacarias]

Hi guys, sorry to jump in here, but I am in the exact same situation, and just reading all your posts has encouraged me, at least I know that I'm not the only one who thinks all this is ridiculous and unnecessary. My husband EWI'd in 2002 from Mexico, we worked together while I was a sophmore in college, fell in love and got married in May of 2006, and immediatly filed our I-130. Unfortunately while on vacation in Maine in July 2007 he was detained by the border patrol who pulled me over because my Pennsylvania license plate looked suspicious, literal translation by officer "I was bored". He's been detained since July 3rd and has been moved so many times within New England that I havent had a chance to visit him. We live in Philadelphia where I am finishing up my doctorate degree with a year of residency (meaning I pay to work for free!!). The past 6 weeks without him has been hell... I dont know how you guys have found the strength, every day I feel is a battle to maintain my sanity! Meanwhile, he was caught on his first attempt to EWI in 2002, we cant figure out if he was deported of caught and released as was the fashion back then. We have our hearing on Monday in Boston to request bond and voluntary departure. My husband is a great man, he has supported me through my education, and he even supports my younger sisters son who we have raised. Now I'm left with no job, no income, I've had to move to a smaller place so me and the baby can afford to live off loans, and I've lost the most important person in my world. I've never been more frustated and can hardly believe that they can have such blatant disregard of our lives and the impact that taking our loved ones has had on us. I can only hope that he is granted VD on Monday and that we can proceed with the waivers (though I am almost certain a 10 year bar exists on him), though as to what grounds the waivers will be based its hard to say. In the mean time my I-130 has been transferred to Boston, which isnt even a center for such processing and when I made an Infopass appointment (as directed on the bottom of the transfer notice) here in Philadelphia I've never been treated with less respect and just plan stupidity on the part of that office which just looked at me blankly until I left still stammering out my questions. Anyway, my prayers are with you Maria and Melissa, all we can hope for is to be with our husbands again and retain the rights being born in this "glorious" country is supposed to have given us!! Maria congratulations on your wedding, I wish you as much happiness as I've had in my marriage!! Melissa, I'm with you on the national news thing, I think its time that the American people who are actually affected by all this take a stand, I've even considered contacting the local news and fasting until they return my husband to me!! And to all of you who have formed this amazing resource god bless you and thanks for all the support you offer in the most trying times of our lives.

Amber

[Laura]

Hi guys, sorry to jump in here, but I am in the exact same situation, and just reading all your posts has encouraged me, at least I know that I'm not the only one who thinks all this is ridiculous and unnecessary. My husband EWI'd in 2002 from Mexico, we worked together while I was a sophmore in college, fell in love and got married in May of 2006, and immediatly filed our I-130. Unfortunately while on vacation in Maine in July 2007 he was detained by the border patrol who pulled me over because my Pennsylvania license plate looked suspicious, literal translation by officer "I was bored". He's been detained since July 3rd and has been moved so many times within New England that I havent had a chance to visit him. We live in Philadelphia where I am finishing up my doctorate degree with a year of residency (meaning I pay to work for free!!). The past 6 weeks without him has been hell... I dont know how you guys have found the strength, every day I feel is a battle to maintain my sanity! Meanwhile, he was caught on his first attempt to EWI in 2002, we cant figure out if he was deported of caught and released as was the fashion back then. We have our hearing on Monday in Boston to request bond and voluntary departure. My husband is a great man, he has supported me through my education, and he even supports my younger sisters son who we have raised. Now I'm left with no job, no income, I've had to move to a smaller place so me and the baby can afford to live off loans, and I've lost the most important person in my world. I've never been more frustated and can hardly believe that they can have such blatant disregard of our lives and the impact that taking our loved ones has had on us. I can only hope that he is granted VD on Monday and that we can proceed with the waivers (though I am almost certain a 10 year bar exists on him), though as to what grounds the waivers will be based its hard to say. In the mean time my I-130 has been transferred to Boston, which isnt even a center for such processing and when I made an Infopass appointment (as directed on the bottom of the transfer notice) here in Philadelphia I've never been treated with less respect and just plan stupidity on the part of that office which just looked at me blankly until I left still stammering out my questions. Anyway, my prayers are with you Maria and Melissa, all we can hope for is to be with our husbands again and retain the rights being born in this "glorious" country is supposed to have given us!! Maria congratulations on your wedding, I wish you as much happiness as I've had in my marriage!! Melissa, I'm with you on the national news thing, I think its time that the American people who are actually affected by all this take a stand, I've even considered contacting the local news and fasting until they return my husband to me!! And to all of you who have formed this amazing resource god bless you and thanks for all the support you offer in the most trying times of our lives.

Amber


Amber - unless you husband EWI, left at some point and re-entered EWI, you absolutely are not in the same situation as these two. You have the opportunity to file a waiver of the 10-year bar, and waivers are relatively easy to get approved through Ciudad Juarez, where your husband will eventually have to go for her interview. I hope you aren't pursuing in-country adjustment of status right now....

Anyway, don't give up hope - Maria and Melissa have far more complicated cases than you (assuming only one entry) even if he is deported, as long as he doesn't EWI again...

[melissan02]

Sorry too, to hear of your situation.
I wonder if he would have a 10 bar though since he never actually left since he EWI'd once??? My husband essentially EWI'd twice so yep, there's a 10 bar. One that although I have to accept that exists, I don't have to just lay down and give up for!
My husband and I are still here together in the US. We made the mistake of trying to do AOS from here in the US.
Those who have valid, committed marriages to USC should be able to AOS from here. It ticks me off that a person has to return to their home country to do this and prove some kind of hardship---are you kiddin' me!?!?! Certainly its a hardship---having to change your entire life and be left to the mercy of a consulate!!! You get married in order to spend your lives together "until death do you part".....NOT USCIS!!!!:bleh: Sure, they assume that the USC spouse if they truly love their spouses will just up and relocate to be with them....but ummm...yeah...in all reality you don't just up and move to another country and expect to live even semi-close to a "normal" life!! GMAB!!!!!!!!!!!!!!!!!!!!!!!!!:rolleyes::rolleyes:
I'm on my soapbox today! Right now husband and I are heading to the movies to relax out of this hot weather!
Just hang in there ya'll. We may be down and out ...in the bottom of the 9th inning w/ 2 outs, but we're not giving up! Not by a long shot!

[Laura]

Sorry too, to hear of your situation.
I wonder if he would have a 10 bar though since he never actually left since he EWI'd once??? My husband essentially EWI'd twice so yep, there's a 10 bar. One that although I have to accept that exists, I don't have to just lay down and give up for!
My husband and I are still here together in the US. We made the mistake of trying to do AOS from here in the US.


Important clarification:

A person with one EWI has a 10-year bar but is eligible for a waiver immediately. A person with two EWIs, as in Melissa's situation, has a LIFETIME BAR with no waiver available for 10 years. It's important to clarify. It's understandable that Azacarias was told at some point that her husband has a 10-year bar, but he is eligible for the waiver right away, which means there is a very good chance that he will be approved after a relatively short period of time.

[mariagerardo]

[QUOTE=azacarias;14120] Meanwhile, he was caught on his first attempt to EWI in 2002, we cant figure out if he was deported of caught and released as was the fashion back then.


Sorry Laurafern, for Azacarias' sake I hope I am reading this wrong. But, wouldn't her case be the same situation as mine since he was also caught on his first attempt to EWI and was caught in 2002. In my situation, we don't know either wether my fiance was "caught and released" or if it was a deportation. I think that is why Azacarias is worried.

Again, I truly hope she is in a better situation than me and has a good chance of getting her husband back as soon as possible.

Just wanted to get the fact straight in my head.

Azacarias, thank you for your support. I imagine what you must be going through. I will also pray so that you are able to see your husband really soon.

[melissan02]

Just saw on the nightly news earlier this evening about a crackdown on immigration.
They (DHS) are going to take measure to tighten security at the border and toughen up on companies that have hired illegal immigrants by requiring them to match up SS# and if there are discrepancies that come back, they will in turn have to fire the worker(s). The agriculture industries are particularly concerned about his, as well as the dept. of commerce, as the jobs to pick all the veggies and fruits for mass distribution will more than likely not be filled by legal workers. Chertoff even spoke and said they will have to take measure to enfore the current laws and crack down on companies (IMOW). Some are thinking if the illegals can't work in US this will drive them away, since it is what drives them to come here to begin with. However, many believe that crucial industries/business (especially agriculture) would take such a hit it will create pressure on Congress to take yet another look at immigration reform. I believe the agriculture industry would be hit hardest and run the danger of coming to a stand still.
I say go ahead....continue the pressure....bring the problem back to the table. We ain't heard the last of this yet.;):p

[melissan02]

[QUOTE=azacarias;14120] Meanwhile, he was caught on his first attempt to EWI in 2002, we cant figure out if he was deported of caught and released as was the fashion back then.


Sorry Laurafern, for Azacarias' sake I hope I am reading this wrong. But, wouldn't her case be the same situation as mine since he was also caught on his first attempt to EWI and was caught in 2002. In my situation, we don't know either wether my fiance was "caught and released" or if it was a deportation. I think that is why Azacarias is worried.

Again, I truly hope she is in a better situation than me and has a good chance of getting her husband back as soon as possible.

Just wanted to get the fact straight in my head.

Azacarias, thank you for your support. I imagine what you must be going through. I will also pray so that you are able to see your husband really soon.
Yeah, I wonder too, as it reads..."first attempt"...this means there was, or has been a second, which would trigger the 10 year bar. I hope not, but .....just reading it again I wonder.

[tonyr7]

my heart goes out to you all,as I am in the same situation
im stuck in australia, waiting on somebody in bangkok, thialand, who doesnt know my wife or myself,to decide whether we can continue our life together
a very good point was made in an earlier post in this thread since when do USCIS have the power to overule your vows before god?
as I recall, it was until death parted us, not an overzealous ,bigotted,beurocrat who was probably blinded by the bonus they receive for commencing deportation proceddings against law abiding citizens.
And what of the rights of the USC?
when I was arrested, my wife embarked on a letter writing campaign starting at the very top....we are still waiting on a response from the white house agency liason and its been 9 months
at least his brother, jeb, as florida governor, had the decency to respond in a timely manner but i digress
what of the rights of the USC?

[azacarias]

thanks laurafern, melissa and maria for all the support and info... unfortunately prior to his successful attempt to actually reach and stay in the US in 2002 he had multiple attempts and had been caught. when he was detained in Maine the border patrol ran his fingerprints in front of me and brought up the prior times he had tried to cross, fortunately he was never ordered deported any of the (i believe it is 2) times he attempted, he was simply "caught and released", but this still counts as being crossed without inspection does it not? If it does count then they can clearly see that he has "crossed" without inspection a total of 3 times....which i can only assume means something bad (i.e. 10 year ban on waiver). i certainly hope that the waivers are available to me right away. as far as aos here in the US i wasnt even aware that that was an option. i have decided not to fight the case here, i simply want to request VD over "removal" which will look a bit better i hope. along with granting VD i would hope that the judge allows us bo