Husband banned for 5 years?

[cusco10 1]

My husband was brought to the US when he was a minor later he got a removal hearing and neither he or his mother attended so it was signed by the judge. He stayed in the country and later married me a US citizen. Few months back he was stopped during a traffic stop a week after we had sent out his I-130. He was taken to jail and we tried to keep him in the US but the judge reject it and he is about to get deported soon. I talked to my lawyer and he told me due to him nor his  parents not attending to his hearing he has a ban for 5 years even if he submits the waver.

 

So my main question is even if we submit the waver he will still have a ban for 5 years?  There is no other choice than to stay 5 years out of the US?

Thank You

[Redheadguy03 505]

Sounds like he is out of luck. If had attended that the hearing he might have been ok. Unfortunately, you can't go back and change that now. Maybe you should consider moving to his country now. 

[cusco10 1]

1 minute ago, Redheadguy03 said:

Sounds like he is out of luck. If had attended that the hearing he might have been ok. Unfortunately, you can't go back and change that now. Maybe you should consider moving to his country now. 

So the waver wont help?

[aleful 1,905]

hi

 

not until the ban is up, after the 5 years have passed you can file for him and then you will need to file the waivers and the hardship letter

 

 

[cusco10 1]

4 minutes ago, aleful said:

hi

 

not until the ban is up, after the 5 years have passed you can file for him and then you will need to file the waivers and the hardship letter

 

 

Thanks for the reply

another question

Like i said we had already started the process by sending the I-130

what will happen with that? After a year will it automatically be cancelled?

[aleful 1,905]

hi

 

no, the i130 doesn't have an expiration, but don't send any paperwork after that, you can call every year, before the year is up so the nvc doesn't close the case and request to keep the case open

 

 

[pushbrk 12,105]

You have an attorney.  Listen to the attorney.  Ask the attorney these questions and get your answers from that source.  This is a legal issue.  No legal advice is given in this forum.

 

[Boiler 43,429]

You would need the full story to make sensible comments, I think we have snippets.

 

I 130 you can keep alive otherwise it may be closed.

 

Are you going with him?

[Sandra G. 5,016]

He  must remain outside the U.S for 5 years until he will be eligible to apply for  two waivers of inadmissibility , I-601 and/or I-212 waivers. If he was placed in removal proceedings before April 1,1997 then the provision does not apply to him.