visa after deportation

[k1hereicome 0]

Hi everyone, i am so glad to have found this forum! I have a bit of a complicated situation. The man i want to marry lived in the USA for 11 years and then left on voluntary deportation. A couple months later he tried to come back illegally and was caught. He spent 3 months in jail and then they returned him to Venezuela. He was given a 5 year bar during which he would not be able to apply to come back. Those 5 years will be up in April and i am wondering if i have to wait until they are up to apply (since there is such a backed up list). Also i am wondering if anyone has experience with this type of situation and how negatively his illegal entry will effect a K1 visa request... We also have a daughter together who is now 5 years old. I think i should get the help of a lawyer but i don't have much money either.. any help would be much appreciated, thanks!

[amykathleen2005 441]

I think this is one best left to the experts. Go to Catholic Charities or another organization for free legal aid. With all of that I am amazed he wasn't given a ten year or lifetime ban.

[Boiler 45,657]

Sounds like he may be 9c.

Best that you list his full immigration history.

[k1hereicome 0]

Sounds like he may be 9c.

Best that you list his full immigration history.

What is 9c???

[Boiler 45,657]

Lifetime ban waiverable after 10 years.

[ca_babe 129]

I have a complicated case as well. The name of my mother on my birth certificate doesn't match the name of my mother on her birth certificate. My case is with the US Embassy right now. I have been working on my mom's petition myself and I plan to only get a lawyer when it's not something I cannot handle on my own. The only thing I see in the I-129f that's relavant to his visit to US is whether he has been to US and answerable by yes or no. His 5-year ban would most likely end before his file gets to the US Embassy. While waiting for your I-129f approval, you can research more about how overstaying will affect his application as it would surely be brought up during the interview which is very far from now. Hopefully, somebody would jump in to correct me if they know why it's a bad move to file for an I-129f now without a lawyer.

[Boiler 45,657]

Waste of monry comes to mind.

[JimVaPhuong 4,863]

Hi everyone, i am so glad to have found this forum! I have a bit of a complicated situation. The man i want to marry lived in the USA for 11 years and then left on voluntary deportation. A couple months later he tried to come back illegally and was caught. He spent 3 months in jail and then they returned him to Venezuela. He was given a 5 year bar during which he would not be able to apply to come back. Those 5 years will be up in April and i am wondering if i have to wait until they are up to apply (since there is such a backed up list). Also i am wondering if anyone has experience with this type of situation and how negatively his illegal entry will effect a K1 visa request... We also have a daughter together who is now 5 years old. I think i should get the help of a lawyer but i don't have much money either.. any help would be much appreciated, thanks!

I think you need to consult with a good attorney. If he was given voluntary departure the first time he left then he would have not been considered "deported". However, because he had more than one year of unlawful presence he would have incurred an automatic 10 year ban when he left. When he re-entered illegally and was caught he was formally deported. Since that was his first deportation he got a five year ban, but that doesn't wave the 10 year ban he would have already had.

You may not need an I-212 waiver if his five year deportation ban has run it's course by the time he goes to the consular interview, but I think you'll still need an I-601 waiver for the unlawful presence ban. Again, you need a lawyer.

[C-ma'am 684]

I think you need to consult with a good attorney. If he was given voluntary departure the first time he left then he would have not been considered "deported". However, because he had more than one year of unlawful presence he would have incurred an automatic 10 year ban when he left. When he re-entered illegally and was caught he was formally deported. Since that was his first deportation he got a five year ban, but that doesn't wave the 10 year ban he would have already had.

You may not need an I-212 waiver if his five year deportation ban has run it's course by the time he goes to the consular interview, but I think you'll still need an I-601 waiver for the unlawful presence ban. Again, you need a lawyer.

[Sandra G. 5,051]

If he is going to apply for K1 or CR1 visa after 5 years of his deportation date then he won't need to submit form I-212, but definitely he must submit for I-601 because he overstayed before his deportation.Find some pro bono lawyers in your area to submit his waiver. Good luck.

Edited October 9, 2012 by sandranj

[beejay 123]

In addition to following JimVaPhuong's advice you should visit the immigrate2us.net website and join their forum. The majority of members there have cases similar to yours and should be able to help guide you in this process.

[momof1 205]

I think you need to consult with a good attorney. If he was given voluntary departure the first time he left then he would have not been considered "deported". However, because he had more than one year of unlawful presence he would have incurred an automatic 10 year ban when he left. When he re-entered illegally and was caught he was formally deported. Since that was his first deportation he got a five year ban, but that doesn't wave the 10 year ban he would have already had.

You may not need an I-212 waiver if his five year deportation ban has run it's course by the time he goes to the consular interview, but I think you'll still need an I-601 waiver for the unlawful presence ban. Again, you need a lawyer.

You leave out the main 9c issue that Boiler has brought to the OP's attention. a 9c ban is triggered in two ways 1) anyone who is formally removed from the United States who then enteres the US without inspection and 2) any person who accrues one year of unlawful presence in the aggregate and then enters or attempts to enter the United States without inspection.

This "9c ban" results in the person being banned from the US permanently with a waiver only being available after 10 years have been spent outside of the United States. Within the last few years people are coming into the system having served their ten years and are only being required to file a 212 waiver since their ten year unlawful presence ban is up. However, the inadmissibility due to 9c doesn't ever expire.

[medasman 0]

it depends what happens at the interview you will probably have to pay and apply for a wavier

[bigdog 376]

I think you need to consult with a good attorney. If he was given voluntary departure the first time he left then he would have not been considered "deported". However, because he had more than one year of unlawful presence he would have incurred an automatic 10 year ban when he left. When he re-entered illegally and was caught he was formally deported. Since that was his first deportation he got a five year ban, but that doesn't wave the 10 year ban he would have already had.

You may not need an I-212 waiver if his five year deportation ban has run it's course by the time he goes to the consular interview, but I think you'll still need an I-601 waiver for the unlawful presence ban. Again, you need a lawyer.

:thumbs:Does not sound like DIY

Edited October 10, 2012 by bigdog

[Mymbee411 0]

That case is going to be a hard one, because that was the first question they asked me. if I came here ilegally and if If I was deported. So if you can get a good lawyer you should. It will be better than trying without a lawyer and he gets denied... buena suerte! que Dios los bendiga