10 year ban question

[cadirox17 0]

So my fiancee was in America illegally for he caught trying to cross the Arizona border 3 times in a month but didn't go to court they just finger printed him, he said he signed paper to voluntarily go back to Mexico. Then he illegally crossed and lived here for 4 years he didn't get caught and decided to move back to Mexico about 6.5 years ago. When we filed the application we wanted to be honest so we put that on the application. Now I am worried that he won't be able to come here. I can't find out a straight answer on if it will disqualify him since most of the stuff online says if they were caught 10 year ban but the only time he was caught was 10 years ago. I am wondering how much of this stuff is at the discretion of the interviewer at the embassy. Is it up to them whether or not they will allow him in or is it 'if you check yes then we won't let you in until the time has passed'?

Does anyone know anything about this? Is there any type of waiver I can file before the interview? Our interview date is May 26- everything has moved so fast in this process I am kind of shocked. I submitted my 129f on Jan 18 and I got the letter from the consulate to schedule an interview on April 18 (of course lots of steps in between).

I appreciate any help on this!

[Boiler 45,659]

Well you will need a waiver, I 601.

Throwbacks, do not expect that will make him 9C.

Nothin you can file in advance but the waiver you should start on now as it takes time.

Do you have a Lawyer?

[cadirox17 0]

No I can't afford one I'm in love but I am a civil servant and work for the state- we don't make any money.

[Boiler 45,659]

People do file waivers themselves, I would normally suggest at least having a consultation with a recommended lawyer specialising in this area.

That way you know what you are up against.

There is some resource on here, much more at www.immigrate2us.net.

Sounds like you are starting new, there is a lot to learn, doable but you need to do your homework.

Edited April 22, 2016 by Boiler

[Ontarkie 14,275]

~~Moved to Waivers from K1 P&P - As the main focus is waivers atm.~~

[aaron2020 11,651]

So my fiancee was in America illegally for he caught trying to cross the Arizona border 3 times in a month but didn't go to court they just finger printed him, he said he signed paper to voluntarily go back to Mexico. Then he illegally crossed and lived here for 4 years he didn't get caught and decided to move back to Mexico about 6.5 years ago. When we filed the application we wanted to be honest so we put that on the application. Now I am worried that he won't be able to come here. I can't find out a straight answer on if it will disqualify him since most of the stuff online says if they were caught 10 year ban but the only time he was caught was 10 years ago. I am wondering how much of this stuff is at the discretion of the interviewer at the embassy. Is it up to them whether or not they will allow him in or is it 'if you check yes then we won't let you in until the time has passed'?

Does anyone know anything about this? Is there any type of waiver I can file before the interview? Our interview date is May 26- everything has moved so fast in this process I am kind of shocked. I submitted my 129f on Jan 18 and I got the letter from the consulate to schedule an interview on April 18 (of course lots of steps in between).

I appreciate any help on this!

Hi,

He has a 10 years ban from the last time he was in the US. The ban starts when he leaves, not when he was last caught. He still has a ban.

Now, here is the kicker, being caught 3 times and what he signed may have a bearing on whether he has a lifetime ban. If he signed expedited removal papers, he might have a lifetime ban.

This is not a DIY. You need a lawyer. His visa will be denied. There is no way for him to get a visa with a current 10 years ban or worse. He will be informed on whether he is eligible for a waiver or not.

You really got to get a lawyer for this. Sorry.

Edited April 22, 2016 by aaron2020

[caliliving 606]

you NEED a lawyer! Nothing you can do will help your situation!! call Lizz Cannon or Laurel Scott. They are the BEST with regards to waivers.. Lizz Cannon will give you a free consult and help you with a payment plan.. if you have ANY chance of getting hi here, you need to talk to one of them.. if you dont have money, i honestly dont know what to say! you have a complicated case...this is going to be a costly process so maybe think long and hard. also, i would highly suggest you maryring him.. i know that will be a much strong case with regards to a waiver ect... but you should consult an immigraiton lawyer.. also, how well do you know him? just make sure you know him really really well and you are really in love before you fork over 8K+ in lawyer fees alone.. i would say youa re looking at 4k minimum plus the filing fee ect... good luck:)

[caliliving 606]

also if you go to immigrate2us.net you can read about waiver stories. you will see that most people were denied 2, 3 times and then successfully got a waiver approved with a lawyer... you need to make sure also he did not misrepresent himself when they removed him from the USA. im sure he didnt, but claiming to be a USC will get you a lifetime ban. i really wouldnt apply for any paperwork ect until you get this all figured out..

[Boiler 45,659]

The vast majority of properly prepared waivers are approved.

You might see a few who have realised that there back of a ** packet job was not good enough.

[Jawaree 718]

Clearly a waiver atty is preferable in this case, I don't believe a lifetime

bar will be given for throw-backs even though he was fingerprinted, be

glad you disclosed the attempts or that would show on his record.

Heres the kicker he entered after that, then removed himself...as

proof that he removed himself, date and that he stayed out of the US since

he should gather , banking transactions, medicals, paystubs, rentals leases,

and any other reputable evidences to prove he did. The CO will refuse the

visa & if eligible for a waiver they issue him a 221G...this is where you

must get an atty even one that will give you a payment plan