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monlepew2013

Waiver with 2 deportations? Medical issues for petitioner.

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We are waiting for the website to come up to complete the DS-260. We have already sent all other docs to NVC. After, we should be waiting to receive our interview appt.

The applicant has been deported twice. After receiving a denial for I-129F fiancé visa, he received a 10 year bar letter. Now, with the I-130 pending, we are married and the petitioner has some medical issues that came up requiring further testing to see if it is cancer or not.

Does anyone know if these are grounds for a waiver?

Would we need an I-601 and an I-212 waiver?

Should we file the waiver with USCIS before the interview? At the interview?

How long does it take for the waivers to be approved?

What type of evidence would we need to file? Medical records? Doctor letter?

Thank you for all your opinions and responses.

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Is he 9C?

Where is he now?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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***Moved from IR-1/CR-1 Process & Procedures to Waivers forum.***

**Moderator hat off**

You won't be able to file for a waiver until after the visa has been denied at the interview.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Re-entry will carry a 20 yrs ban, but consult an atty

when the beneficiary interviews he will be issued a 221G

saying he can or cannot be eligible for waivers.

^ All this speak to if he's outside the US currently.

If he is in the US then he's on ICE radar, once deported one cannot

re-enter the US without permission to to enter request .unless this

deportation & return occurred B4 1996, or USCIS states its not needed,

Is there a lawyer involved?

Medical issue will play a large role, 3/4th stage cancer, Alzhiemers, late

stage Parkinson are some of the medical probs they most times will not

want to approved along with mental illness. In rare cases they will ask

that a high price medical insurance be purchased for long term.

Most petition if a relation is bonafide will be approved & funds accepted

it does not dictate the outcome of a visa approval

Edited by Jawaree

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Illegal entry after deportation is a Felony.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Can you be more specific as to why he was deported and what years?

***Moved from IR-1/CR-1 Process & Procedures to Waivers forum.***

**Moderator hat off**

You won't be able to file for a waiver until after the visa has been denied at the interview.

He had one interview for the fiancé visa in 2013 which was denied. At that time he received a blue paper that said 10 year ban from the date of deportation. It does not have the box checked for the ability to apply or not apply for a waiver.

Now we are in the process for the greencard since we are married. He is in Mexico and has not returned to the states since the 2nd deportation which was 3 years ago. .

What is a 221G? Our blue paper does not have that number on it.

He was deported for being in the US illegally, not for committing a crime.

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When did he enter the first time.

When was he deported the first time.

When did he enter the second time.

Month and year would be fine.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9C: EWI after Unlawful Presence or Removal

If a person has been unlawfully present for more than a year after April 1, 1997 and subsequently enters or attempts to enter without being inspected, the person is not only inadmissible under INA §212(a)(9)©(i)(L), but is ineligible to apply for a waiver for ten years from the date of next departure. Likewise, if the person has been removed or departs under an outstanding order for removal including prior to April 1, 1997, and subsequently enters or attempts to enter without inspection after April 1, 1997, the person is inadmissible under INA §212(a)(9)©(i)(ll) and ineligible to apply for a waiver for ten years from the date of next departure.

It is very important to be mindful of this ground of inadmissibility due to the unavailability of a waiver for ten years from the date of next departure.

More immigrant visa applicants are found inadmissible at the consulate on this ground than for either misrepresentation or criminal grounds. Due to the commonality of the finding and the catastrophic effect on the client’s case, it is imperative that attorneys who work on waiver case be able to correctly identify a possible “9C” issue. Where the applicant has been unlawfully present for more than a year and subsequently entered or attempted to enter without inspection, it is important to note that while most of the unlawful presence exceptions apply to 9C, the one exception that does not apply is time accumulated as a minor. Even a child who is unlawfully present more than a year who departs and re-enters without inspection will be found inadmissible under 9C. If one reads the statute, one will see that the language used indicates that the finding will be made if the person enters or attempts to enter “without being admitted”, rather than using the language “without being inspected”, but the May 2009 memo [cited above] clarified that those who are paroled do not trigger 9C and Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010), clarified that if one is inspected, one is admitted, with rare exception. Sometimes “9C” is erroneously referred to as “the multiple EWI” ground. In fact, one person can enter many times in a year without inspection and not trigger 9C, while another person can overstay a visa and subsequently enter without inspection and trigger 9C. It is triggered by an EWI or attempted EWI after more than a year unlawful presence or after a removal. After the person spends ten years outside the US, he/she is still inadmissible, but becomes eligible to apply for a waiver (not covered in this paper as there is no extreme hardship requirement). This ground of inadmissibility is sometimes referred to as “the permanent bar”, but it should be noted that many grounds of inadmissibility are permanent.

http://www.scottimmigration.net/content/i601memo


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Sounds like he has a 9c ban for re-entering the US after being deported. This is a life-time ban with no waiver available for 10 years.

Since at the first interview, for the K-1, he was told he had a 10 year ban and was not offered the option of filing a waiver this is the best guess.

Edited by belinda63

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First time when he was 16

Deported in 2010

Re-entered 2010'

Deported 2012

Why? Does the age or year make a difference in the penalty?

Hi,

Please go check with an immigration lawyer. We have plenty here in San Diego.

Generally, we do not hold minors responsible for being here illegally. Children don't make decisions. Their parents do. We don't punish children for their parents' decisions to bring them here illegally.

What he does after he turns 18 is on him (even if he was brought over here by his parents).

IMHO - the first deportation should not be a problem since he was a minor. The re-entry in 2010 was when he was a minor. If he was over 18 at the second deportation, then that is what got him in trouble. A good attorney can make a case based on his age at the time of his first deportation. He might be eligible for a waiver.

Best of luck.

Edited by aaron2020

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Even a child who is unlawfully present more than a year who departs and re-enters without inspection will be found inadmissible under 9C


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Even a child who is unlawfully present more than a year who departs and re-enters without inspection will be found inadmissible under 9C

I concur......right now Laurel Scott & Liz Cannon have lost on such petition

because they have recind a part of that law...That guy from Mexico & his wife

have been fighting , with 3 waivers denied & living in 2 third countries there's

no relief. Their last petition was Korea...he was brought here under age 15-16

always ask an atty though, try Shusterman

This guy has no CIMT

Edited by Jawaree

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