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Thread: 10 year ban almost up Should I start with my I 130 already?

  1. #1
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    Question 10 year ban almost up Should I start with my I 130 already?

    So in February of 2018 my husbands 10 year ban will be up and my question is.. Is it ok for me to start filling for the I 130 already? I know for the I 130 to get approved last time it took about 6 months so here is what I was thinking and please give me your opinions! If I filled the I 130 lets say end of may and lets say it takes the least 5 months I get a response back end of October more or less ( this are just an estimate of what I'm thinking) this is 4 months away from when his ban is up and I know after the I 130 there is lots of more stuff to do!! Soo by the time he goes to his interview the 10 year ban is going to be up!! Shoould I start the process? Is it ok for me to start?? That is what I am thinking Hope to hear what you think even better your experiences if you have been in my situation!!


    Thank you so much!!

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    You can file the I130 now, probably best to list your Immigration History, most people waiting out 10 years are 9C, lifetime bar waiverable after 10 years.
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    Quote Originally Posted by Coventrated View Post
    You can file the I130 now, probably best to list your Immigration History, most people waiting out 10 years are 9C, lifetime bar waiverable after 10 years.
    What do you mean people waitting out 10 years are 9C? What does 9c means?? ty for replying!!!!

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    Quote Originally Posted by SuselB View Post
    What do you mean people waitting out 10 years are 9C? What does 9c means?? ty for replying!!!!
    Sometimes people don't use the correct descriptions. 9C is a lifetime ban for which I-212 to remove the ban can only be filed after being outside the US for 10 years. It is not a 10-year ban but sometimes people incorrectly thought it was a 10-year ban as they have to wait outside the US for 10 years. 9C is for entering illegally after previously having been deported, or entering illegally after accruing 1 year of "unlawful presence".

    The only 10-year bans are either 9A for being deported from the inside of the US, or 9B for leaving the US after accruing 1 year of "unlawful presence" during that stay. Both of these have ways of overcoming the ban during the 10 years, but maybe he didn't qualify and that's why he decided to wait out the ban.

    We just wanted to make sure about what ban he really has.
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    This is my personal opinion and is not to be construed as legal advice.

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    Oh ok!! He's case is the 9B: leaving the country after 1 year of unlawful presence! And las time we filed he did have the option to immediately file for waiver which we did but it was denied because insuficiente hardship!! So in February of 2018 will be 10 years since he left the US! So that is why I am wondering if is ok for me to start the process at this time!!!

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    Yes you can start the process, although it seems like you must have already filed an I-130 in the past, as he applied for a waiver. If that I-130 is still alive, there is no need to file another I-130.
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    This is my personal opinion and is not to be construed as legal advice.

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    What!?? Lol so I don't have to file for an I130 again? So this process might actually be faster!?

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    Quote Originally Posted by SuselB View Post
    What!?? Lol so I don't have to file for an I130 again? So this process might actually be faster!?
    Well you need to make sure the I-130 is still alive. They have a habit of revoking approved I-130s that are no longer waiting for visa numbers that have been inactive for more than a year. So if you haven't been calling them once a year to keep it alive, it is possible that it's been revoked.
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    This is my personal opinion and is not to be construed as legal advice.

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    Ohh ok!! I see!! I didn't know I could do that!! �� But whatever the case is I just want to start as soon as possible! The sooner we start the sooner he's here! �� Ty so much for the info

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    good luck i have a similar case 10 years ban almost over on february 2018, i am filing my next month by wife who is US citizen in the us but me i am ouside of us, my old I 130 is dead i need to filed a new one.and let keep intouch to see how thing will move,

    good luck to us

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