RFE for deportation status help

[chrisaivey 3]

My wife was deported right after her 18th birthday. What papers am I missing within the I-130. Very vague response from them, proof that her 5 year ban is over? How would I go about getting this? Or proof of where she is living now? Kind of confused. I would think my government would know about how long the ban is, and so on.

Got this in my RFE -

Service records indicate that the benefic. was removed from the US on xxxxxx. Provide any immigration proceedings documents indicating the status of the beneficiary.

How can I correct this? What are they asking for?

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[chrisaivey 3]

bump

[NigeriaorBust 4,087]

They know she is removed but they want the details of what the charges where and the flight she left on.

[chrisaivey 3]

They know she is removed but they want the details of what the charges where and the flight she left on.

How on earth could I go about getting that information?

It is the US government - I think they would know this.

[chrisaivey 3]

I spoke to a lawyer - he suggested since we do not have any information on this since it was 11 years ago nearly, write a letter saying what happened and get it notarized. Thoughts??

[NigeriaorBust 4,087]

Unfortunately you are the one seeking a benefit from the government ( your wife's visa ) and you need to prove she is eligible to receive it. Does she have records showing when she started living back home ? Affidavits from her parents ? Proof of her age at the time she was deported ? If she was just over 18 she really shouldn't have incurred a ban until 18 and 6 months. What was her age exactly and why was she picked up ?

[chrisaivey 3]

Unfortunately you are the one seeking a benefit from the government ( your wife's visa ) and you need to prove she is eligible to receive it. Does she have records showing when she started living back home ? Affidavits from her parents ? Proof of her age at the time she was deported ? If she was just over 18 she really shouldn't have incurred a ban until 18 and 6 months. What was her age exactly and why was she picked up ?

I believe 18 and just a few months, we really dont know the day exactly - all she remembers is it was shortly after her 18th, might of been over 6 months like you said. She remembers leaving voluntarily, and seeing the deportation sheet of 5 years - 10- 15, and getting hit by the 5 year mark.

We have proof of her working here - do you believe affidavits from her family would help to show the US government where she was? - no proof on her about the deportation at all since it was nearly 11 years ago.

[chrisaivey 3]

Unfortunately you are the one seeking a benefit from the government ( your wife's visa ) and you need to prove she is eligible to receive it. Does she have records showing when she started living back home ? Affidavits from her parents ? Proof of her age at the time she was deported ? If she was just over 18 she really shouldn't have incurred a ban until 18 and 6 months. What was her age exactly and why was she picked up ?

Also - she was caught in the airport coming back from Peru, she came here with her mother on a tourist visa originally when she was 14. At 19 she left back to Peru, and tried re-entering when she was nearly 20, this is when she was caught at the airport. She was taken to the side, and given a 5 year ban - they asked her all the questions, and she answered them truthfully so the US government was nice to her.

[NigeriaorBust 4,087]

If she was 19 when she left she has a 10 year ban, that may be what they are looking at, overstays of greater than a year are a 10 year bar. If she is subject to 10 years then you may need to explore a waiver

[AnnaMaria 68]

Just a heads up, you might want to speak with an immigration lawyer. My residence back home is a few minutes away from Bartlett, Tn and I know that in the Memphis Yellow Pages you can find a couple of good immigration lawyers downtown who will give you a free consultation. I'd suggest giving them a call and exploring your options before you go at it alone. I called a few before I moved to Romania to be with my wife last year to help us through this process, they helped a little I suppose.

[Boiler 45,651]

18 and something she left, no deportation, maybe a 3 year ban.

Tried to enter again, on what basis?, deported so a 5 year ban and maybe a misrep.

10 years and now looking for an Immigrant Visa, she has to complete the application with information about her prior visits.

Any ban would be an issue for the Consulate to asses as part of the interview process.

If there is a ban, misrep seems the obvious one unless there is something else not mentioned, then US Spouse can file waiver.

[chrisaivey 3]

If she was 19 when she left she has a 10 year ban, that may be what they are looking at, overstays of greater than a year are a 10 year bar. If she is subject to 10 years then you may need to explore a waiver

She saw the paper though, and on the paper it was a 5 year ban - since she was truthful, they only gave her 5 years.

18 and something she left, no deportation, maybe a 3 year ban.

Tried to enter again, on what basis?, deported so a 5 year ban and maybe a misrep.

10 years and now looking for an Immigrant Visa, she has to complete the application with information about her prior visits.

Any ban would be an issue for the Consulate to asses as part of the interview process.

If there is a ban, misrep seems the obvious one unless there is something else not mentioned, then US Spouse can file waiver.

She was banned when she was 19, she was coming back into the US, and was brung to a room with other people who were caught at the airport in Georgia.

They said "do not lie, we know everything" - she told the truth about everything, and only received a 5 year ban because of it. There was no court hearings or anything since she was truthful, and left voluntarily with the 5 year ban.

[Boiler 45,651]

She saw the paper though, and on the paper it was a 5 year ban - since she was truthful, they only gave her 5 years.

She was banned when she was 19, she was coming back into the US, and was brought to a room with other people who were caught at the airport in Georgia.

They said "do not lie, we know everything" - she told the truth about everything, and only received a 5 year ban because of it. There was no court hearings or anything since she was truthful, and left voluntarily with the 5 year ban.

Never come across a deportation that was not a 5 year ban, as far as I am aware that is the tariff.

[NigeriaorBust 4,087]

She has 5 for deportation and10 for the underlying overstay apparently.