Illegal immigrant problems.

[india2014 0]

Ok i filed my husbands I 30 spousal visa this week here in mexico. If and when we do have our interview in juarez and they ask him has he been in the U.S. and he says yes is that a automatic visa denial???? He lived in the U.S. Bout ten years was married then divorced and had three kids. Now has been living and working in Mexico. Are we gonna have to file this 601 waiver as well? Thanks in Advance

[dwheels76 5,468]

Ok i filed my husbands I 30 spousal visa this week here in mexico. If and when we do have our interview in juarez and they ask him has he been in the U.S. and he says yes is that a automatic visa denial???? He lived in the U.S. Bout ten years was married then divorced and had three kids. Now has been living and working in Mexico. Are we gonna have to file this 601 waiver as well? Thanks in Advance

All depends how he first entered the US. Has he ever been deported. You say he was here has children here what Visa was he in the country on.

Did he enter with or without inspection.

This will determine what happens next and what kind of ban if there is any.

[Caryh 5,206]

Lying about being in the USA could earn a permanent ban. He's going to need police reports from the places he lived to. Yes he's going to need a waiver if he lived and worked without authorization in the USA.

Did he over stay a visa or enter without inspection?

Is there a record of his exit?

[india2014 0]

Yea enter without inspection and returned. No deportation issues or american arrests.

[india2014 0]

No record of exiting on file either

[Darnell 8,478]

would I-601-A waiver apply? [that's a different one from the I-601]

[belinda63 3,039]

They are currently in Mexico.

You say there is no record of him having been in the US BUT are you willing to risk him having a life-time ban from ever entering the US if you lie? Best to be honest cause they know he was here. Ten years, married and divorced, and three kids, yeah they know.

He has a 10 year ban that started when he left the US. He will need the waiver if he has not served it out.

[Caryh 5,206]

They are currently in Mexico.

You say there is no record of him having been in the US BUT are you willing to risk him having a life-time ban from ever entering the US if you lie? Best to be honest cause they know he was here. Ten years, married and divorced, and three kids, yeah they know.

He has a 10 year ban that started when he left the US. He will need the waiver if he has not served it out.

If he left without inspection, the government wouldn't trigger the ban until he was recorded at the border. So even outside the country, there is no record he left so the ban hasn't started counting. And yes, there's a darn good chance they would find out he was in the country illegally if he tried to lie about. I'd never risk my spouses future on a material misrepresentation ban. Waiver is going to be needed.

[india2014 0]

Nope i told em he was living there. Definatly i have no intention of lying bout this situation. Just was wondering even tho he has no deportion or any criminal arrests while in america. Just tryna get ready to for them to say yes we will need a waiver.

[Caryh 5,206]

Nope i told em he was living there. Definatly i have no intention of lying bout this situation. Just was wondering even tho he has no deportion or any criminal arrests while in america. Just tryna get ready to for them to say yes we will need a waiver.

That's certainly good. Did you get a decent lawyer to help through the waiver process?

[india2014 0]

No I thought so far to do these papers my self. Kindve in a hurry to get my kids back to the states before school stArts in august. Would you recommend a lawyer for this.? Dont wanna waste money on a lawyer just to find out i coulda finished it myself.

[india2014 0]

And wAsnt for sure if we will need a waiver down the way.

And wAsnt for sure if we will need a waiver down the way.

[Caryh 5,206]

No I thought so far to do these papers my self. Kindve in a hurry to get my kids back to the states before school stArts in august. Would you recommend a lawyer for this.? Dont wanna waste money on a lawyer just to find out i coulda finished it myself.

Waivers get into depths that many consider not do it yourself territory. There's that another visa web page, that has better info on dealing with waivers if you're going the DIY option, or even if you're looking for a decent attorney to assist. Offhand I don't recall what the link is. Someone will hopefully pop in and offer the link.

[belinda63 3,039]

First place you need to check is immigrate2us.com. They deal with waivers more than we do here.

From what you are saying it sounds like he just left the US recently and/or you and the children are in Mexico visiting. The I-130 process is currently taking about 10-12 months to get to the interview stage. So he will not legally be returning to the US with you in August. After he is denied at the interview you will submit a waiver which explains why it is such a hardship on you and your children that the US should forgive his illegal stay in the US and permit him to immigrate to be with you and the children AND why you and the children cannot move to Mexico or another country and be a happy family there. If the waiver is approved and everything else is good then he will be issued an immigrant visa.

[india2014 0]

Ok i will look into it more. Thank you for this information.