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Thread: 212 After deportation

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    212 After deportation

    Hello there, fairly new here. Boyfriend (husband next month) was detained at LAX and deported back to Argentina immediately April 2017. I am here in Argentina and we are getting married next month. I am going back to California in March. I've consulted with a few attorneys and keep getting different answers. I really want to try and do all this alone because of the costs. But when I'm getting different answers, it becomes more frustrating. From my understanding we don't need a 601 waiver because he never overstayed his visa and was sent back as inadmissible due to the fact that they saw his phone and our intentions to marry and he had a visitors visa. And we only need a 212 waiver? Am I correct? And then which do we file first, I-212 or I-130? Anyone's advise is greatly appreciated!! Thank you and sending every ounce of positive vibes I have to all trying to be with their families!

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    He could be hit with Misrep which does need a I 601.

    Marrying is not the issue, presumably they thought he was staying?
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    But if you marry you would need to apply for and have the I-130 approved first.
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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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    When you say he could be hit with misrep, where would this happen? I thought the paperwork they provided him with at the time of expedited removal is the only inadmisability he would get? Or can they make their own decisions at the visa interview? Sorry if my questions sound dumb. And yes, of course they thought he was going to stay there. Thank you guys.

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    The Consulate determines inadmissibilities, he will find out at the interview.
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    inadmissible (01-12-2018)

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