My fiancé was deported last year. Can we file for a I-601 waiver?

[Heatherat88 0]

Hello, in need of some help. My fiancé was deported in January. Almost a year ago now. We have 2 kids together and we are going to get married in Mexico. This time we want to do things right but aren't sure how to and where to begin. I have done some research and found the I601 waiver until he stayed out for 10 years. I talked to a lawyer and she said that my fiancé is inadmissible. Saying he could not apply for a I601-waiver because he was deported, tried to enter again and got caught, then entered again and was deported again. Is this true with him being deported so many times that we cannot file for a I-601 waiver? I thought if we did a 212 waiver and proved extreme hardship we could possibly get approved. I'm am so new to all of this so please someone help!

[kzielu 1,147]

No waiver possible for multiple deportations.

[Boiler 43,434]

Lawyer probably mentioned 9c

Lifetime ban waiverable after 10 years.

[Heatherat88 0]

Yes that's what the lawyer said. So there isn't any way possible to get the10 year ban reduced no matter what we try we have to wait..

[UH60Chief 6]

" If you are inadmissible under INA section 212(a)(9)©, you may NOT file this Form while you are in the United States. You cannot obtain consent to reapply unless you are seeking admission to the United States more than 10 years after your last departure from the United States. " Taken from http://www.uscis.gov/i-212

This is just my opinion that holds no legal value. The multiple deportations make a waiver impossible. I know the pain and frustration with immigration law but unfortunately, it is the law.

I like to think of it in a different perspective so it makes more sense(as immigration law can be a bit cumbersome). Say you did not have a driver's license and you get caught driving drunk. You get sentenced and told not to drive unless you are legally able to (ie. licensed and sober). You get pulled over for driving drunk without a license 2 more times and are sentenced to 10 years. If you go back to the judge and say "Judge, I know I messed up the last 3 times but I am ready to do things right, can you lift this to 10 year sentence and give me my license?", the Judge would throw the case out and say come back in 10 years then we will talk. So with multiple illegal entries and deportations, immigration law has no leeway for trying to go through the process after the fact.

Getting an attorney is going to be the best way to get legal advice on this matter as things posted on here are opinion, even though it may be a correct and accurate opinion, it does not substitute for bonafide legal counsel.

[belinda63 2,981]

There have been several posts on here about the 9c ban. You can try searching. The last one I remember his wife made it all the way to the interview and was told to return/reapply in another year after the 10 years had passed. You can always try but in my opinion it would be a waste of money since the law is pretty strict. You would be better off using the time and money trying to find a place where all of you can live together as a family either in Mexico or another country.

[Boiler 43,434]

Yes that's what the lawyer said. So there isn't any way possible to get the10 year ban reduced no matter what we try we have to wait..

It is a lifetime ban. The reduction is to 10 years with a waiver.