Subject to Permanent Bar or Options for Waivers with Multiple EWI's?

[wonderfully_made 4]

9 minutes ago, Going through said:

Hopefully he never claimed legal status on the IRS forms....not trying to scare you, just thinking of all the stuff USCIS takes into consideration in cases like his.

No, he uses his ITIN to file his taxes.  Before we were married, simply single but with the ITIN and now that we are married, we file jointly, and he uses the ITIN. I know we don't claim any legal status because we lose certain tax credits just because of his status regardless of how much he has paid in.  

 

No, I appreciate all of the advice and guidance.  We are a bit overwhelmed and want to know all that we can.  It's a big decision. 

[ConOfficer 167]

He's definitely subject to the ten year bar of INA 212(a)(9)(c) in that he was unlawfully present for more than a year prior to unlawfully entering the U.S. He can apply for a waiver after ten years outside the U.S.

[Going through 5,668]

20 minutes ago, wonderfully_made said:

No, he uses his ITIN to file his taxes.  Before we were married, simply single but with the ITIN and now that we are married, we file jointly, and he uses the ITIN. I know we don't claim any legal status because we lose certain tax credits just because of his status regardless of how much he has paid in.  

 

No, I appreciate all of the advice and guidance.  We are a bit overwhelmed and want to know all that we can.  It's a big decision. 

It's not going to be easy on either of you, but that doesn't mean it will be impossible for him to eventually gain legal status in the US either.

I can't tell you what to do or what decision to make...but personally, if it were me I would apply for the I-601A Extreme Hardship Waiver and the CR-1 visa while he remains in the US (if you can prove that YOU as the USC would face extreme hardship should he have to return to Mexico before approval---they won't care about any hardships he would face being sent back).   IF approved, he would be allowed to remain in the US until a few days before going back to Mexico for the medical/interview. 

 

Check to make sure though, because the I-601A has rules as well about how *many* times someone has entered without inspection as well, I believe.

Edited September 18, 2017 by Going through

[wonderfully_made 4]

5 minutes ago, ConOfficer said:

He's definitely subject to the ten year bar of INA 212(a)(9)(c) in that he was unlawfully present for more than a year prior to unlawfully entering the U.S. He can apply for a waiver after ten years outside the U.S.

Thank you!

 

If he has to apply after outside of the US for 10 years, that would be the permanent bar.  

I know he is subject to the 10 year without a doubt, but you can apply for the 601A in the US if he is only subject to the 10 year bar.

We are trying to determine if subject to lifetime or 10 year.  

[ConOfficer 167]

1 minute ago, wonderfully_made said:

Thank you!

 

If he has to apply after outside of the US for 10 years, that would be the permanent bar.  

I know he is subject to the 10 year without a doubt, but you can apply for the 601A in the US if he is only subject to the 10 year bar.

We are trying to determine if subject to lifetime or 10 year.  

No you have it wrong. The ten year bar is for unlawful presence, and there is a waiver for this.

 

The 212(9)(c) ineligibility is a "lifetime bar." But a waiver is available after ten years. 

 

He has two ineligibilities. One for unlawful presence and the other for unlawful crossing after prior unlawful presence. The 2nd is the more serious issue.

[wonderfully_made 4]

4 minutes ago, Going through said:

It's not going to be easy on either of you, but that doesn't mean it will be impossible for him to eventually gain legal status in the US either.

I can't tell you what to do or what decision to make...but personally, if it were me I would apply for the I-601A waiver and the CR-1 visa while he remains in the US (if you can prove that YOU as the USC would face extreme hardship should he have to return to Mexico before approval---they won't care about any hardships he would face being sent back).   IF approved, he would be allowed to remain in the US until a few days before going back to Mexico for the medical/interview. 

Thank you!  If I may ask one more question.  The 601A waiver only covers the 3 and 10 year waivers, so I'm assuming you are saying apply for the 601A and assume he is subject to the 10 year bar for that purpose.  Are you familiar with the responses on this?  If the 601A is denied, do they provide a reason? If denied, I assume we can't then apply for the CR-1.  If approved and we apply for the CR-1, can they then deny at the interview in Mexico?  

[Going through 5,668]

2 minutes ago, wonderfully_made said:

If denied, I assume we can't then apply for the CR-1.  If approved and we apply for the CR-1, can they then deny at the interview in Mexico?  

Not entirely sure about the first question.

For the second question, yes they could should they have reason to.

[wonderfully_made 4]

2 minutes ago, ConOfficer said:

No you have it wrong. The ten year bar is for unlawful presence, and there is a waiver for this.

 

The 212(9)(c) ineligibility is a "lifetime bar." But a waiver is available after ten years. 

 

He has two ineligibilities. One for unlawful presence and the other for unlawful crossing after prior unlawful presence. The 2nd is the more serious issue.

No, I think we are saying the same thing. He can apply for the 601A waiver for the 10 year bar.  

The 9c or lifetime bar only allows him to apply for a waiver after 10 years outside the US.  

So I think based on your response, you believe he is subject to the lifetime bar.  I think I understand.  Thank you! 

[ConOfficer 167]

3 minutes ago, wonderfully_made said:

No, I think we are saying the same thing. He can apply for the 601A waiver for the 10 year bar.  

The 9c or lifetime bar only allows him to apply for a waiver after 10 years outside the US.  

Yes

[Boiler 43,619]

My first thought was 9C lifetime bar.

 

Have you considered Border living or moving to Mexico?

[Harmonia 211]

You should post in immigrate2us.net, a forum that specializes in waivers.

 

For the I-601A, you apply for the CR-1 (if married less than 2 years) or IR-1 (2+ years of marriage) starting with the I-130. That's approved, and then you do the waiver that only waives the 3/10 year bans for illegal presence. It could theoretically be approved and then the immigrant travels to the interview only to be denied due to another inadmissibility that wasn't caught.

 

The posts about whether he filed taxes, how he was "approached at customs", etc are incorrect. USCIS doesn't arbitrarily apply bans based on whether they think you're a good person or some subjective values. They have to follow the statues. Bars aren't discretionary.

 

The concern is he seems to have a 9C ban, which is a lifetime ban for which there's a waiver after 10 years out of the US.

 

DO NOT have him leave the US to apply for anything until you have definite answers. I would post on immigrate2us.net and do consults with multiple attorneys who specialize in waivers. Not all immigration attorneys do this, which also may be a source of conflicting information. 

[caliliving 606]

3 hours ago, wonderfully_made said:

Thank you!  Yes, we have actually contacted several attorneys and to be honest, each one has given us different answers, so I was looking for more opinions before we make major life decisions.  Some attorneys have said must wait outside 10 years; some have said we can apply for the waiver here and have a chance; some said that we apply for 601a here, get denied then go to Mexico for one year and apply for 601 there, so it seems the answers are all over...which is why we haven't made an actual decision yet.  Thank you for your help! 

Call Lizz Canon she is the BEST! do not leave until you get this sorted out! i am pretty sure he does the i130 from in here and they you need the 601 waiver and she had to do that for you (she has like a 99% success rate) and u would leave and have the meeting in mexico.

 

Google her name and she will give you free advice and she is super reasonable as far as waivers go! also, yes you are correct he has no deportable offences just a voluntary withdraw so that works in your favor.

 

[Hypnos 6,576]

Very much sounds like a 9C permanent bar. 

 

As you know, he can only apply for a waiver after being outside of the US for at least 10 years (and be able to document this). 

 

An I-601/A would be useless in this situation, since it does nothing for a 9C bar. He has literally zero options other than leaving and waiting out the ten years. 

[kris&me 572]

Assuming u married in the US, immigrtion will know he was here illegally even if he returns to Mexico

[Mollie09 1,543]

3 hours ago, kris&me said:

Assuming u married in the US, immigrtion will know he was here illegally even if he returns to Mexico

He's been filing taxes...