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Thread: Deported twice

  1. #1
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    Deported twice

    Hello. I have a question. My husband (who have never been in the US) was caught twice crossing the border. The first time at san ysidro pedestrian entry but not showed false documents. He was detained a weekend and they released him on monday to Matamoros, Tamaulipas Mx. The officer told him he could not come back in 5 years.
    The second time he was caught in Nogales desert immediately. Then he was released in Nogales port of entry the next day. They did not give him any paper and the officer told him he could not come back in 20 years.

    This if the FBI result
    1-Arrested or receiverd 2012/03/02
    Agency using san ysidro CAINS0500
    Agency case-159571547
    Charge 1- Eluding inspection
    Charge 2- Alien inadmissible under section 212

    2-Areested or received
    Agency-CBP Station Nogales AZCBP2400
    Agency case:205052401
    Charge 1- Aliend inadmisible under section 212

    Court
    Charge: Rem Proc
    Sentence: I-205, I-294, I-871 served. prior order of removal reinstated. Removed to mexico Via Nogales POE 3/14/2012

    Some people told me he was deported twice and that I have to wait 20 years in Mexico. Any opinion? Can I still apply for a waiver because of his attempts? Or do I have to wait the 20 year bar to start the process.

  2. #2
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    Best to hire an attorney, many are listed at this site
    in consulting ask if possible after 10 years to be approved
    for a waiver, the law is after 2 deportations there's a 20
    years bar . This will have to be dealt with using an atty,
    have you thought about border living and you working on
    the US side

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    If he was actually deported, and subsequently tried to enter illegally, he has a lifetime 9C ban, with I-212 only possible after being out of the US for 10 years. If he was instead allowed to depart voluntarily instead of actually deported, then that doesn't count. But the fact that they "told him he could not come back in 5 years" seems to indicate that he was actually deported, because such a ban would only be triggered by an actual deportation, and not by a voluntary departure. This is in addition to the 20-year 9A ban for second deportation, but that ban is kind of inconsequential, as it doesn't add any further consequences on top of the 9C ban.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

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    he is ban for 20 years for try enter in the USA inlegal 2 times and get deported
    he can do a waiver after 10 years

    keep strong

    - - - Updated - - -

    he is ban for 20 year outside the USA
    after 10 years outside the USA he can do a waiver
    EWI 2002
    Meet spouse 2006
    back to Brasil 2007
    Get marrie may 4 2011

    Lawyer Liz Cannon

    send I-130 april 2012
    I-130 Aproved 18 december 2012


    Lawyer Erin Schaad

    waiver mailed 06 august 2016
    they receive 11 august 2016


    you dont lose nothing in help others, just make your soul feell better .

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    Quote Originally Posted by suzane View Post
    he is ban for 20 years for try enter in the USA inlegal 2 times and get deported
    he can do a waiver after 10 years

    keep strong

    - - - Updated - - -

    he is ban for 20 year outside the USA
    after 10 years outside the USA he can do a waiver
    The 20-year ban is the 9A ban for second deportation. An I-212 for the 9A ban can be filed at any time (no waiting needed), no matter how many deportations there are.

    He also has a lifetime 9C ban, for entering illegally after being deported, and it is for that ban that I-212 can only be filed after being outside the US for 10 years.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

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    Quote Originally Posted by newacct View Post
    The 20-year ban is the 9A ban for second deportation. An I-212 for the 9A ban can be filed at any time (no waiting needed), no matter how many deportations there are.

    He also has a lifetime 9C ban, for entering illegally after being deported, and it is for that ban that I-212 can only be filed after being outside the US for 10 years.
    What if the waiver is not approved. Can i still appeal and appeal until they approved it?

    I have a friend whose husband was caught three times in 2015. He got reinstatement removal too the second time and she is doing the consular process right now. Do you think he can be waived at this time?

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    They wont approve it just because you keep apealing. You have to have a good case. At ten years from the date of the last departure you should file the waiver/waivers and you might not even need an appeal. Its a complex thing to overcome and I would advise you to go with an attorney when you do file.

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    Quote Originally Posted by suzane View Post
    he is ban for 20 years for try enter in the USA inlegal 2 times and get deported
    he can do a waiver after 10 years

    keep strong

    - - - Updated - - -

    he is ban for 20 year outside the USA
    after 10 years outside the USA he can do a waiver
    Hello Im curious if he has 20 years does he really need to wait 10 years before he can I apply to a waiver I though that only applied to an permanent bar or is it just to be safer?

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    OK, my husband was removed twice but he WAS able to file a 601/212 because of his dates. He was fathered in because of he Pre-Albright memo. And as member newacct stated he has a lifetime ban because he re-entered after being removed. I would consult with an attorney first, but honestly I wouldn't waste the money on an appeal or any type of filings.
    Be joyful in hope, Patient in affliction, Faithful in prayer....Romans 12:12

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    No advice given on this site is to be considered legal advice.
    Please consult with an immigration lawyer.

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    Quote Originally Posted by y14gemini View Post
    OK, my husband was removed twice but he WAS able to file a 601/212 because of his dates. He was fathered in because of he Pre-Albright memo. And as member newacct stated he has a lifetime ban because he re-entered after being removed. I would consult with an attorney first, but honestly I wouldn't waste the money on an appeal or any type of filings.
    Was your husband approved?

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