Depressed - huband has 10 year bar - what to do?

[mariagp]

Hi Everyone! First off I'm thankful to have found this site, I wish I would've found it sooner!

Situtaion:
My husband had his first interview on 2/7/08 with Ciurdad Juarez. Sadly, he was imposed with a 10 year bar, and I don't understand WHY????

1998 - Hubby got caught crossing the border. He was fingerprinted and gave a false name. He doesn't remember if he signed any documents. He re-entered that same day w/out being caught. Since, 98 he never went back to Mexico. Also he has NEVER committed a crime...only parking/speeding tickets!

2000 - Started dating

2006 - Civil marriage and applied for I30 and approved

2007 - Church Marriage and got pregnant

2008 - First interview. He was denied a visa under sec 212 a,9,c,II

Now, I'm not sure what to do!!! I have a friend that got caught 3 times and she was only in Mexico for 1 year, and this was in 2006. So I don't understand why he go 10 years!

I didn't use a lawyer, but now i think I should get one

Also, when we found about his first interview we decided to make the second interview thru Infopass, which he now has scheduled for the 26th. Should he go?

Does he really have to wait 10 years to re-apply?? Can I go to court??? What should I do.... ?!?!?!

I'm 8 months pregnant and depressed!!!!!!!!

PLEASE ANY ADVICE WOULD HELP!!!!!!!!!!!

[aleful]

Maria,
That's what the pardon is about. Most people get the 10 year ban, but then you hand in the pardon and the hardship letter so they can pardon the ban. Weren't you aware of that?
yeah, that's what the second interview is all about, you hand in the pardon and the HSL (hardship letter) Do you have it ready? then they make the decision, if the HSL isn't good enough you still have a second chance but he will be in Mexico for several months.
In this forum you will find everything you need to know.

[aleful]

Maria,
Sorry, so calm down and your husband will not be 10 years in Mexico.

Take care of that baby.

[DeBenny]

Do you have your Hardship letter ready?

[mariagp]

Thank you so much for responding I have a rough draft (I mean, really rough). Where should I put it so you can see it. Thank you again for a pound of stress you have removed :) Oh, and should I apply under 601 or 212? I'm so new to this site, please be patient with me! I was aware of the pardon, but then the interviewer told my husband that there was no pardon...so I'm confused?!?

[kitkat1]

Sadly, he was imposed with a 10 year bar, and I don't understand WHY????

1998 - Hubby got caught crossing the border. He was fingerprinted and gave a false name. He doesn't remember if he signed any documents. He re-entered that same day w/out being caught. Since, 98 he never went back to Mexico. Also he has NEVER committed a crime...only parking/speeding tickets!

Also, when we found about his first interview we decided to make the second interview thru Infopass, which he now has scheduled for the 26th. Should he go?

He has a 10 year ban because he was illegally present in the US for more than 365 days -- the law imposes a ten year ban. The law also allows a waiver to be submitted to overcome the ban if the applicant has a qualifying US relative who can prove extreme hardship in the event the visa is not given to the applicant.

http://www.travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

When they told him he was denied at the interview, they also would have told him that he is eligible for a waiver. That is what needs to be submitted at the infopass appointment -- that appointment is for waiver submission.

Read the link on the CDJ website that explains the waiver -- then start preparing your hardship packet.

http://usembassy.state.gov/CiudadJuarez/wwwhciswaiver.html

http://usembassy.state.gov/CiudadJuarez/wwwhcishardship.html

[Luckysprite]

Situtaion:
My husband had his first interview on 2/7/08 with Ciurdad Juarez. Sadly, he was imposed with a 10 year bar, and I don't understand WHY????

1998 - Hubby got caught crossing the border. He was fingerprinted and gave a false name. He doesn't remember if he signed any documents. He re-entered that same day w/out being caught. Since, 98 he never went back to Mexico. Also he has NEVER committed a crime...only parking/speeding tickets!

2000 - Started dating

2006 - Civil marriage and applied for I30 and approved

2007 - Church Marriage and got pregnant

2008 - First interview. He was denied a visa under sec 212 a,9,c,II



Can someone clarify this for me (what I put in bold)? I though when someone was given the 10 year bar with a waiver available immediately - they were denied under 212 9 (b) ... and if her husband was denied under 9(c) - isnt that the lifetime ban with a waiver available in 10 years??

[angela256z]

Yeah there must be something missing from the timeline or something. Maria - was there a reason given for the 9C?

[Luckysprite]

Right - that was my thinking angela - unless his catch and release was a deportation or something - but beings he gave a false name - then how could they have deported 'him' ... it just confused me ... hoping someone can clarify ...

[kitkat1]

You said he was caught crossing the border and fingerprinted and gave a false name. Was he deported? If that's the case and THEN he re-entered illegally, that explains why they said he was not eligible for a waiver. If he WAS eligible, they would have told him. Do you have any more information?

[Laura]

Maria - it seems like they applied 9(c) if they didn´t allow him to file the waiver... he never left the U.S. and re-entered???

It seems very strange that in 1998 he would have been ¨deported¨ at the border, it sounds like a catch and release. It´s possible they misapplied the law. It wouldn´t be the first time.

I would suggest you consult with Laurel Scott or another qualified immigration attorney. Do you have the sheet they gave him that explains the section of the law under which he was given the bar and told no waiver?

You are going to have to prove to the Consulate that they misapplied the law, not easy. You might want to also PM member Ce&ll. This happened to her brother in law and they got it overturned and he was approved. Best of luck!

[Luckysprite]

Would giving the false name alone be a reason for the 9(c)?

[kitkat1]

Nope - it's just that - giving a false name. It's not giving a false name for any immigration benefit. 9c is due to 365 days of illegal presence or/deporation and subsequent entry or attempted re-entry.

[mariagp]

Ok guys now I'm really sick to my stomach! My hubby just faxed over the "checklist" that was given to him marking his violotaions. He only told me about 212a,9,c,II. However, he has 4 checkmarks!!!!! Here they go....

* 212 (a)(6)(C)(i) = my husband never ever ever in his life told me that when he attempted to cross thru "la linea" that the "coyote" gave every one a false ID or somthing of that nature. So my hubby was caught with that one ID.

*212(a)(9(A)(i) = I'm not sure what this one means, but on the letter it says in spanish........la cual prohibe expedir una visa a un extranjero que ha sido sacado del pais por orden en un puerto de entrada

*212(a)(9)(C)(II) = in spanish..... la cual prohibe expedir una visa a cualquier extranjero que haya estado ilegalmente en los Estados unidos por un periodo total de mas de un ano y que haya contrado o intentado regresar a los E.U sin haber sido admitio

and....

*212(a)(9)(C)(II)

Now I'm skrewd!!!!!

So when I talked to him today he said the the interviewer told him that there was no "perdon" until ten years have passed.

So now with all of this, is there still a chance ????? I want to get as many opinions as I possibly can from here and a lawer....

[slvjvm922000]

I am sorry but there is nothing u can do for 10yrs. my hubby is also waiting the 10yrs out we are actually here in cdj and we have been here for 13months with our 4 children. I have talked to several lawyers and they all say the same thing and that is u just have to wait the 10yrs out. I am so sorry this happened to u.

[angela256z]

*212(a)(9)(C)(II) = in spanish..... la cual prohibe expedir una visa a cualquier extranjero que haya estado ilegalmente en los Estados unidos por un periodo total de mas de un ano y que haya contrado o intentado regresar a los E.U sin haber sido admitio

Ok does that say that he tried to re-enter the US after he already had illegal presence in the US? Am I translating this wrong?

Maria was there any other entries or attempts after or before the 1998 entry?

[mariagp]

Nope, no other entries just that one time that we was caught.

[kitkat1]

* 212 (a)(6)(C)(i) = my husband never ever ever in his life told me that when he attempted to cross thru "la linea" that the "coyote" gave every one a false ID or somthing of that nature. So my hubby was caught with that one ID.

This is for misrepresentation. A waiver can overcome it but it's a hard one. Whose ID did he use?


*212(a)(9(A)(i) = I'm not sure what this one means, but on the letter it says in spanish........la cual prohibe expedir una visa a un extranjero que ha sido sacado del pais por orden en un puerto de entrada

I believe this means he was ordered removed rather than caught and released. Which is why he has the problem of 9(c). Because he re-entered after being removed.

*212(a)(9)(C)(II) = in spanish..... la cual prohibe expedir una visa a cualquier extranjero que haya estado ilegalmente en los Estados unidos por un periodo total de mas de un ano y que haya contrado o intentado regresar a los E.U sin haber sido admitio

This is the one that means he has to wait ten years before he has the chance for a waiver -- illegal re-entry after deportation/removal. The law says:

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.

So when I talked to him today he said the the interviewer told him that there was no "perdon" until ten years have passed.

So now with all of this, is there still a chance ????? I want to get as many opinions as I possibly can from here and a lawer....

So sorry, this part is true. He won't have the opportunity to submit a waiver until he has spent ten years outside the country. That's why they didn't walk him through the waiver process or provide any information. Sorry that you didn't know this before he left. :(

[MTRACKSPORT]

you need a lawyer(LAUREL SCOTT TO BE EXACT.) she will know what to do and what can or cannot be done. call her asap

[mariagp]

He doesn't know whose ID it was, it was just simply given to him by the person who was trying to cross him over.

Wow, so it seems I will have to move to Mexico:(

[JMRJ]

I want to get as many opinions as I possibly can from here and a lawer....

IMO: What happened in 1998 was not a simple catch and release. Because he has 9A violation before he attempted to cross back illegally, he triggered the 9C bar ( no waiver available after 10 years outside the U.S.)

9A(i) was issued to him which means he was apprehended and formally deported I believe because of the finding of misrep.

maria, it looks like it is very tough to overcome. If only, there was no removal order before he was sent back, then it is a simple catch and release. In your husband's case, he has the 9A finding in the lookout system and the consular officer relied on that.

I'm very truly sorry...

[mariagp]

How can I get Laurel's number?

[kitkat1]

It's certainly worth a consult with an attorney to be 100% clear. But it appears from the details and the history as well as from the fact that the consulate officer told him he was not eligible for a waiver that he will have to wait ten years.

[LilB]

www.visacentral.net scroll to the bottom.

[slvjvm922000]

maria mexico isnt a bad place it is hard at first but u get used to it.

[gohan95]

I'm in the same situation my wife has a 10 yrs and she's pregnant and my two yrs daughter is with her if some can advise what to do.
212a6ci
212a9bii
212a9ci
can something be done is there an appeal to revoke the 10 yrs??

[emt103c]

I'm in the same situation my wife has a 10 yrs and she's pregnant and my two yrs daughter is with her if some can advise what to do.
212a6ci
212a9bii
212a9ci
can something be done is there an appeal to revoke the 10 yrs??

The 9ci is the important one it means that she is not eligible for the waiver, which is what overcomes the ban, until she has been outside the U.S. for ten years. I am sorry.

You can consult an attorney to make sure that the facts of your case fit these codes. But this is a very unforgiving section of the law.