DS-117 Denied, Spouse barred from USA- Need Help Please

[Hypnos 6,579]

@MacUKmay be into something. 

 

The INA 212 overstay bars for overstaying 180 days (3 year bar) and 365 days (10 year bar) never truly go away until you become a US citizen; they just aren't enforced for LPRs. Once you've accrued enough overstay then the bars are still there floating around in the ether, even after becoming an LPR. And as soon as you cease to be an LPR they are back in play once again. 

 

This is one of the reasons it's so dangerous for so many people on these boards to say that "overstay is forgiven". This is completely incorrect. It's just that you only trigger the bar upon departing the US, and the penalty isn't enforced for permanent residents. 

 

Not sure if that is the issue here, but I strongly urge everyone to stop using the phrase "overstaying is forgiven" in these circumstances. That is certainly not the case, and you're giving out incorrect information every time you say it. 

[geowrian 22,339]

1 minute ago, Hypnos said:

@MacUKmay be into something. 

 

The INA 212 overstay bars for overstaying 180 days (3 year bar) and 365 days (10 year bar) never truly go away until you become a US citizen; they just aren't enforced for LPRs. Once you've accrued enough overstay then the bars are still there floating around in the ether, even after becoming an LPR. And as soon as you cease to be an LPR they are back in play once again. 

 

This is one of the reasons it's so dangerous for so many people on these boards to say that "overstay is forgiven". This is completely incorrect. It's just that you only trigger the bar upon departing the US, and the penalty isn't enforced for permanent residents. 

 

Not sure if that is the issue here, but I strongly urge everyone to stop using the phrase "overstaying is forgiven" in these circumstances. That is certainly not the case, and you're giving out incorrect information every time you say it. 

^This. I've tried to explain this type of scenario on multiple occasions but "forgiven" was always the preferred term...

 

I'm also not sure if that is the case here since (I'm assuming) he still had LPR status when he left the US and that's when the bar comes into play.

[Hypnos 6,579]

Right, but supposing he had an overstay bar that was "forgiven" if he AoS'd, it's back on again the moment he stops being an LPR. It doesn't matter that he was an LPR when he left. The bar is always triggered on departure, except when you're a US citizen. It's just that the penalties for the bar (becoming inadmissible for X years) don't apply to LPRs. 

 

Let's say he overstayed two years, from 2007-2009. Then in 2009 he AoS'd and became an LPR, but left the US shortly afterward. The moment he filed the I-407 with the embassy officially abandoning his LPR status, he would be re-barred for however long is left on the bar. In this example he would remain barred until 2019--ten years after departing the US in 2009.

 

The bar can be waived under the normal I-601 process, but until that happened or he waited it out, he'd be inadmissible to the US. 

 

OP can clear up whether or not this is the case here. 

Edited April 20, 2017 by Hypnos

[Naemma 0]

Thank you everyone for your helpful comments. My husband was granted a green card in a normal manner. He has never had a criminal or unlawful convictions against him.

We cant afford the next stage of our visa here in the UK, hence why the kids and I need to leave at the end of May. If we dont leave then, I wont be able to visit him here as well. The thought of us having to travel to a different country to see one another is heart breaking and praying he doesn't come out of remission in the mean time.

This is what I have done so far;

I could reach anyone via calling the Embassy, so I have emailed them.

I think I will try filing a visitor visa via ESTA to see if he can possibly be able to visit us while is I-130 is being processed.

Does anyone have a number I dont know about that I reach a live person to speak to about our case?

Have I missed anything?

Once again, thank you for taking your time to help us.

Naemma

[Coco8 1,054]

4 hours ago, Naemma said:

Thank you everyone for your helpful comments. My husband was granted a green card in a normal manner. He has never had a criminal or unlawful convictions against him.

We cant afford the next stage of our visa here in the UK, hence why the kids and I need to leave at the end of May. If we dont leave then, I wont be able to visit him here as well. The thought of us having to travel to a different country to see one another is heart breaking and praying he doesn't come out of remission in the mean time.

This is what I have done so far;

I could reach anyone via calling the Embassy, so I have emailed them.

I think I will try filing a visitor visa via ESTA to see if he can possibly be able to visit us while is I-130 is being processed.

Does anyone have a number I dont know about that I reach a live person to speak to about our case?

Have I missed anything?

Once again, thank you for taking your time to help us.

Naemma

As I mentioned, also contact your House representative or Senator. They will find out for you what happened and the consulate has to reply to them with information. A lot of people on VJ do that and it works.

[Lemonslice 5,244]

7 hours ago, Naemma said:

Thank you everyone for your helpful comments. My husband was granted a green card in a normal manner. He has never had a criminal or unlawful convictions against him.

We cant afford the next stage of our visa here in the UK, hence why the kids and I need to leave at the end of May. If we dont leave then, I wont be able to visit him here as well. The thought of us having to travel to a different country to see one another is heart breaking and praying he doesn't come out of remission in the mean time.

This is what I have done so far;

I could reach anyone via calling the Embassy, so I have emailed them.

I think I will try filing a visitor visa via ESTA to see if he can possibly be able to visit us while is I-130 is being processed.

Does anyone have a number I dont know about that I reach a live person to speak to about our case?

Have I missed anything?

Once again, thank you for taking your time to help us.

Naemma

Please read Hypnos' post above.  Did your husband adjust status or did he get a CR1/IR1 visa to get his green card. Details might mean a different timeline for your family.