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Lady Linda

Help me with this issue please-

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Can my husband still apply for a visa if he was detained in 2006 for trying to cross the border illegally?

In 2006 my husband was detained by immigration when he was trying to cross the border from mexico to the us( he was my boyfriend at that time). He told me that immigration agents took his picture and his finger prints, but he does not remember if he signed anything. At that time we were anxious to see each other and we did not think when he did this by using the "help" of a person who only took our money. This was the only time he had tried this and after what happened we decided not to try it again. Ever since that time, I have always been the one to travel to Mexico to see him.Now we are married and we want to start the visa process so he can move here with me. I am scared that this incident will affect our application, and they will deny us. I have heard from other people that sometimes they give an applicant 10 years as a punishment for doing this. I have also heard that we can pay a penalty fee. Is this true? What procedures or how should I start with the application process? If anyone has any information, please let me know? Anything that anyone knows will be really helpful.

Thank you

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Can my husband still apply for a visa if he was detained in 2006 for trying to cross the border illegally?

In 2006 my husband was detained by immigration when he was trying to cross the border from mexico to the us( he was my boyfriend at that time). He told me that immigration agents took his picture and his finger prints, but he does not remember if he signed anything. At that time we were anxious to see each other and we did not think when he did this by using the "help" of a person who only took our money. This was the only time he had tried this and after what happened we decided not to try it again. Ever since that time, I have always been the one to travel to Mexico to see him.Now we are married and we want to start the visa process so he can move here with me. I am scared that this incident will affect our application, and they will deny us. I have heard from other people that sometimes they give an applicant 10 years as a punishment for doing this. I have also heard that we can pay a penalty fee. Is this true? What procedures or how should I start with the application process? If anyone has any information, please let me know? Anything that anyone knows will be really helpful.

Thank you

For being in the us Illigaly i thought i was a 5 year ban. but i think as someone said in your other post, With a good lawer you may be fine. But dont be suprised if he dose he rejected at the interview and you have to file for a waiver, but i think it may all work out at the end.


02-14-10: Medical exam (Passed)

03-17-10: Interview (Approved But Pending AP.)

12-01-10: Embassy Calls Husband To Send In Passport Finally After Almost 9 months Of AP!!

12-01-10: Husband Sends In Passport Via Aramex

12-11-10: Husband Picks Up Visa

12-14-10: Flight Booked

12-22-10: USA Entry[/color]

02-20-11

02-27-11

"Still Together,even after rough times."~muslimqueen

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A 5 year ban is uncommon for illegal presence. If you are illegally present in the US for 108 - 365 days then it is a 3 year ban. If it is more then 365 days then it is a 10 year ban. However, it is not clear whether the OP's husband was in the US and for how long. Lady Linda, was your husband in the US illegally ever and if so, how long was it.

If he was never in the US, the question now becomes what was his 'removal' from the US? Was it an expedited removal? A deportation? A Catch and Release? This will affect your approval of the visa because the first 2 will require a I-212 to be filed at the time of the interview to overcome the removal. A catch and release typically will not need this - however you have a few choices. You can file an FOIA to figure out what his exact removal was. You can file an FBI fingerprint check to see what notes were made when his fingerprints were taken. Or you can simiply file the petition and wait and see.

If he's ever been in the US illegally he may face a 3 or 10 year ban which will need to be overcome with the I-601 hardship packet which must show how you cannot move to Mexico and why you will suffer extreme hardship if your husband does not come to the US.

immigrate2us.net is a great site for people facing your situation as they specialize in waivers. Laural Scott, scottimmigration.net, is a fantastic immigration attorney specializing in inadmissability. She offers free chats on Wednesdays so you may want to ask your question there for better answers

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Does he remember if he signed a voluntary departure or if he was actually deported? Did he actually make it into the US or was it right as he was crossing the border or before?

If you're in the US without documents for 180+ days, there's a 3 year ban. If it's 365+ days, it's a 10 year ban. Someone will be along to confirm this (hopefully), but I'm pretty sure that an attempted entry does not incur a ban, especially if it's not a deportation (and a voluntary departure instead).

ETA: canadianwife and I were posting at the same time, and she has better information. :)

Edited by Leigh Ann

Married - 3/12/10

AOS Filed - 5/13/10

Biometrics received - 6/5/10

Biometrics done - 6/9/10

RFE Received 6/10/10

Touched - 6/7/10, 6/16/10, 6/17,10 (all)

RFE delivered - 6/29/10

Resumed processing - 6/30/10

EAD Production Ordered - 7/2/10, 7/8/10, mailed 7/15/10

Touched - 7/6/10, 7/8/10 (485, 765)

Touched EAD - 7/16/10

EAD Received!! - 7/17/10

Interview - August 30, 8:45- Approved!

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Sure he can apply!


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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way to think it through...geez. Do things the right way and you will be rewarded, do things the wrong "quick" way and you will be punished. Good luck.


7/2/10- NOA1

2/9/11- NOA2 (transferred to Texas)

NVC

2/28/11- case number received

3/2/11- Paid AOS bill

3/5/11- Paid IV bill

3/12/11- expedite to Bogota consulate approved!!!

3/14/11- left NVC to Bogota for further processing

3/17/11- received by Bogota, emailed consulate and was told to send DS-230 and DS-2100 (packet 3)

3/18/11- packet 3 emailed to Bogota consulate, email confirmation on March 23

3/31/11- Interview date! Approved!!!!!!

Keep the faith, everything works out for the very best

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Your husband may or may not be elegible to file a waiver.

http://ciudadjuarez.usconsulate.gov/waivers.html

"In certain circumstances, individuals who have been found ineligible for an immigrant visa under the Immigration and Nationality Act (INA) may be eligible to apply for a waiver of the ineligibility. At the time of the immigrant visa interview, the consular officer will make a determination as to whether an applicant is waiver eligible. If the consular officer finds an applicant ineligible for a visa, but eligible to apply for a waiver, the officer will give the applicant instructions on how to apply for the waiver and will direct them to make a waiver appointment by contacting the call center"


Married: 6/5/2009

I-130 Sent: 11/6/2009

NOA1:11/13/2009 (CSC)

NOA2:02/12/2010 (3 months from NOA1)

NVC received:02/23/2010

Received DS-3032/I-864 Bill:02/23/2010

received IV bill:03/30/2010

Interview date:JULY 2, 2010 (consul said my husband was approved):)

Extra steps: Turns out in Juarez they do not tell you the final result of interview on the spot, you have to wait to receive a DHL package that contains the verdict and passport hopefully. Even though my husband was "approved" during interview (per consul answer) he was placed in Administrative Review on JUly 6 according to consulate operator.

Placed on AR post interview:07/06/2010

Picked up Blue slip AR (they kept his passport):7/09/2010

Visa issued: 09/15/2010

I was in AP for 2 months, 2 weeks and 2 days

Completed my journey in 10 months, 2 weeks and 2 days

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