10 Year Ban

[signstorm 0]

Hello,

This is my first post. Here is a little history. I am a U.S. citizen and married my wife in Honduras in July of 2003. She immediantly became pregnant and I foolishly talked her into entering the U.S. illgally so that our daughter could be born there. After she was born, I began the I-130 process. In 2006 she returned to Honduras (Not Deported) for her appointment. Months later we received a letter stating the 10 year ban. My question is... I am hoping to go the Embassy here in Honduras and apply for a B-2 visa without going through the waiver process. Anyone with these experiances or any advise?

Thanks,

Anthony

[Anh map 2,098]

A person with a USC spouse and child is unlikely to get a tourist visa without a ban in place. You can't dodge the ban.

[signstorm 0]

Hello,

Our daughter is a U.S. citizen.

[Brother Hesekiel 2,235]

Your daughter can come. Your wife cannot.

I bet she is pretty fed up with you giving her advice in immigration matters.

[Anh map 2,098]

Hello,

Our daughter is a U.S. citizen.

Your question is about your spouse, correct? That is who has the ban. No restriction for the USC child.

[katiemanny 64]

Your daughter can come. Your wife cannot.

I bet she is pretty fed up with you giving her advice in immigration matters.

:rofl: he completely ruined everything from the start, instead of petition for her through the easy and painless route. She's more than fed up I bet.

Edited September 14, 2011 by katiemanny

[Deputy Purple 1,294]

I bet she is pretty fed up with you giving her advice in immigration matters.

Can't agree more with this.

The first time you decided to do an end-run around the system you made the situation bad.

Why not stop trying to game the system and attempt the Hardship Waiver?

Go to immigrate2us.net, they specialize in hardship waivers for illegal entry/presence. Laurel Scott offers free chats once a week over there also.

[signstorm 0]

I am wondering how you think that I am trying to "Game the System" my wife and I wanted our daughter to be born in the U.S. I was born in the U.S.A. As soon as our Daughter was born I started all of the proper avenues to get my wife an immigrant visa. Where am I gaming the system?

[Jojo92122 1,924]

I am wondering how you think that I am trying to "Game the System" my wife and I wanted our daughter to be born in the U.S. I was born in the U.S.A. As soon as our Daughter was born I started all of the proper avenues to get my wife an immigrant visa. Where am I gaming the system?

You gamed the system when you helped your wife to illegally enter the US. It is a crime to assist a person to enter the country illegally. The proper way to do it was to get her a visa. You tried to do an end run around the system by having her illegally enter the country.

Your daughter would have been a US citizen even if she was born outside the US.

You didn't want to do the paperwork for your wife to legally enter the US. You don't want to do the paperwork to get a hardship waiver for her 10 years ban. You have to work within the system. She can not escape the ban without a hardship waiver. She is not eligible for any visa (including the B-2 you want) until her ban expires or is lifted with a successful hardship waiver. There is no way around this.

Edited September 14, 2011 by Jojo92122

[Deputy Purple 1,294]

I am wondering how you think that I am trying to "Game the System" my wife and I wanted our daughter to be born in the U.S. I was born in the U.S.A. As soon as our Daughter was born I started all of the proper avenues to get my wife an immigrant visa. Where am I gaming the system?

If you had played within the rules then you would have started the paperwork before your wife got pregnant.

Instead you tried to do an end-run around the legal immigration system and had her EWI. That is called "Gaming the System", "Cheating", "Being Short Sighted", need I go on.

My previous advice still stands. VJ has little (is any) tolerance for those who violate US Immigration Laws.

[Sergi9 110]

I am wondering how you think that I am trying to "Game the System" my wife and I wanted our daughter to be born in the U.S. I was born in the U.S.A. As soon as our Daughter was born I started all of the proper avenues to get my wife an immigrant visa. Where am I gaming the system?

Welcome to VJ, and the I601 forum. See the reseach links there? Start reading. Your wife will not get a B2 VISA as she is barred for 10 years, in addition she would not really be eligible for one due to the fact you are married to each other and B2 is a non-immigrant VISA and she is an intending immigrant based on your marriage and child together.

Attempting to adjust status from B2 after her entry would end up in a fraud misrep charge. You really need to STUDY the rules before attempting any more immigration attempts for your wife so you don't make things worse and end up with a PERMANENT ban for her.

If you don't feel you can understand this stuff, then perhaps the attorney is the best bet. Its expensive but well worth it for family unity.

[Jojo92122 1,924]

It's great that you are trying to get your wife back to the US legally. Learn from the past and focus on the future. Your wife will have to wait for her ban to expire or successfully obtain a hardship waiver to qualify for a visa of any sort. You need to focus on getting the hardship waiver if you want her back before 2016. You cannot get her back here without the hardship waiver.

[Penguin_ie 5,986]

***** Moving from Tourist to Waiver forum as OP is filing a I-130 for his wive with an overstay *****

[signstorm 0]

If you had played within the rules then you would have started the paperwork before your wife got pregnant.

Instead you tried to do an end-run around the legal immigration system and had her EWI. That is called "Gaming the System", "Cheating", "Being Short Sighted", need I go on.

My previous advice still stands. VJ has little (is any) tolerance for those who violate US Immigration Laws.

I tried to get a visa for her.... this was just after 9-11 and they were not passing out visas to everyone in Honduras. Plus I did not want my Daughter to be delivered in a 3rd world country... the hospitals and child delivery deaths are much greater than in the states. You say I broke the Law. You are telling me that if your wife was going to have a baby and you are on your way to the hospital and she starts screaming, your not going to BREAK the law and speed or do what ever it takes to have a child delivered in a good hospital! I bet you would do the same if you were in the same situation. So don't go preaching to me about breaking the laws! It's not like she was a smuggler or in the states to suck off the government!

[Deputy Purple 1,294]

You say I broke the Law. You are telling me that if your wife was going to have a baby and you are on your way to the hospital and she starts screaming, your not going to BREAK the law and speed or do what ever it takes to have a child delivered in a good hospital! I bet you would do the same if you were in the same situation. So don't go preaching to me about breaking the laws! It's not like she was a smuggler or in the states to suck off the government!

Sure I'd speed but if I got pulled over I'd explain to the cop and wouldn't cry about it in front of a judge if the cop followed me to the hospital and issued a ticket for speeding.

Why have you never bothered with the I-601 Hardship Waiver if Honduras is so bad?

Why didn't you wait to get pregnant until after you got her here legally?

Even today USCIS isn't just "handing out Visas to everyone from Honduras or the Philippines (where my wife is from) but for the love of all that is legal you didn't even try did you?

You made a bad decision and your family is suffering for it. Accept it and move on, overcome it by facing what needs to be done to get her here.

Again, go the Immigrate2US.net. You'll find a lot of sympathy over there. If they had their way then EWIs would have an easy path to AOS in country.

You're not going to find what you want here as there is not easy option for you. Either wait out her entry ban or file the waiver.

Edited September 14, 2011 by Bob 4 Anna