Juarez interview

[Jessiperaprap 6]

My husband is scheduled for an interview in Juarez next month, he was brought to the US when he was 5, he hasn't been back since so neither of us know anyone there. What are the chances of him being denied. For some reason everyone tells us that they know of "someone" that was told they would be there a week and they've been there for years . We have 2 kids both under 5 which we will not be taking with us. My question is what are the chances of being denied once there we've been married over 6 years but we didn't hire a lawyer because he doesn't really have a criminal past will this affect him getting a visa? 

[Coco8 1,039]

Why didn't you AOS within the US? 

 

There was someone on the board the other day who is married to someone who has been in the US since 4 years old and they are AOS within the US. The issue is that if they leave, they get a ban and you would have to present a waiver.

 

 

Edited July 4, 2017 by Coco8

[geowrian 22,335]

That's a bit of a loaded question...more information is needed.

Did he enter with inspection? Did he overstay (after turning 18 years old)? Does he have DACA protection w/ approved AP? Does he have an approved I-601A? I'm just trying to see what the concern exactly is here...if there was no illegal activity and it's a bona fide marriage, then there shouldn't be any issue.

Edited July 4, 2017 by geowrian

[Jessiperaprap 6]

5 minutes ago, Coco8 said:

Why didn't you AOS within the US? 

 

There was someone on the board the other day who is married to someone who has been in the US since 4 years old and they are AOS within the US. The issue is that if they leave, they get a ban and you would have to present a waiver.

 

 

We didn't qualify for the AOS because he was brought here illegally at the age of 5, so since he didn't have a "status" to be adjusted he didn't qualify. We did the provisional waiver of unlawful presence already which was approved prior to the interview being scheduled 

[Jessiperaprap 6]

7 minutes ago, geowrian said:

That's a bit of a loaded question...more information is needed.

Did he enter with inspection? Did he overstay (after turning 18 years old)? Does he have DACA protection w/ approved AP? Does he have an approved I-601A?

He did he was brought illegally in '95.  He never received the daca because we decided it would be better for him to become a legal resident instead. And yes he does have an approve I-601

Edited July 4, 2017 by Jessiperaprap

[Coco8 1,039]

1 minute ago, Jessiperaprap said:

We didn't qualify for the AOS because he was brought here illegally at the age of 5, so since he didn't have a "status" to be adjusted he didn't qualify. We did the provisional waiver of unlawful presence already which was approved prior to the interview being scheduled 

Ok. That sounds good then.

 

It seems the other questions asked by geowrian are good. 

 

I think you are OK not having a lawyer. 

[geowrian 22,335]

Just now, Jessiperaprap said:

He did he was brought illegally in '95.  He never received the daca because we decided it would be better for him to become a legal resident instead. And yes he does have an approve I-601

I-601A* (I-601 would be after the visa interview and subsequent refusal requiring the waiver)

 

Nobody can say for certain how it will go, but I don't see anything particularly concerning since you have the I-601A approved already. Best wishes!

[Coco8 1,039]

The only concern I've seen people on VJ have is about not getting stopped by ICE while leaving the country for their interview.

 

 

[Jessiperaprap 6]

2 minutes ago, Coco8 said:

The only concern I've seen people on VJ have is about not getting stopped by ICE while leaving the country for their interview.

 

 

In which he would be leaving the country either way he would avoid deportation, yea that was one of my concerns too . The I-601 waiver now can be sent in prior to the interview being scheduled so  that helped us out by saving us some time apart thank you guys for all your responses they put my mind at ease

[Coco8 1,039]

2 minutes ago, Jessiperaprap said:

In which he would be leaving the country either way he would avoid deportation, yea that was one of my concerns too . The I-601 waiver now can be sent in prior to the interview being scheduled so  that helped us out by saving us some time apart thank you guys for all your responses they put my mind at ease

Yes. In the thread one person says someone else was stopped but he showed his interview paperwork and the officer allowed him to go. 

 

 

Edited July 4, 2017 by Coco8

[Frank1420 6]

Someone enlighten me please... wasn't there a waiver expansion on August 29, 2016 that allows immediate relatives to adjust their status within the US? 

 

((Immediate relatives of USC)) 

 

 

 

 

 

 

Edited July 5, 2017 by Frank1420

[Frank1420 6]

Just did some reading... so this waiver just forgives the unlawful presence therefore won't trigger the 3 or 10 year ban? Is that it? I hope one of you guys has the k owledge on this. It is actually interesting to me... I apologize to the Op for going off topic :/

[geowrian 22,335]

The I-601A waiver allows the ban due to unlawful presence to be (provisionally) waived. You cannot AOS if you entered without inspection - you must leave and re-enter legally (either 1) interview for a visa abroad, or 2) utilize AP if available and obtained).

Edited July 5, 2017 by geowrian

[Frank1420 6]

50 minutes ago, geowrian said:

The I-601A waiver allows the ban due to unlawful presence to be (provisionally) waived. You cannot AOS if you entered without inspection - you must leave and re-enter legally (either 1) interview for a visa abroad, or 2) utilize AP if available and obtained).

I see, thanks for the info on the waiver. 

[CRS2006 2]

Before the waiver expansion on August 29, 2016, the person asking for a waiver to avoid a 3, 10 or lifetime band, would have to go back to their country.  Now, you can petition and have the waiver approved while waiting in the US. For the Consular appointment, you have to go in person.  There are many forums with tips on how to be prepared.  I recommend reading them. 

Many people find this video to be helpful:

https://www.youtube.com/watch?v=XiLeP5Vcdr0

 

It can be anywhere from 10-30 days. Changes of being denied are hard to say.  If he has tattoos is can make it harder.  Bring lots of pictures, and family photos of events.  This helps a little and be sure he has his dates memorized.  Especially the date of entry.  Most likely does not remember since he was very small, however you had to have put dates on your forms.  Be sure that he has them memorized because they may ask him and check that the dates match.  Taking his shot records really helps, they want to give you any shot that they can and it can become costly.  I recommend getting passports for your and your family in case it is longer,  I understand this is scary with small children.  Because of his status, he will have to wait there until it is approved.  My husband's situation is much like yours.  He was brought over at the age of 8, he has DACA.  Once you cross to Mexico, DACA is useless.  My husband had his interview on June 19th.  They wanted my original birth certificate.  A mess to get in Austin because my hospital was not listed.  It took several days to process.  One June 28th they only updated that it is being processed.  It still has not been approved, we are just waiting for approval.