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

[David & Diana R 1,005]

19 hours ago, wonderfully_made said:

Well, I wish we knew the best option! Yes, he has worked since he has been here and paid taxes each year.   

So is he illegally using someone else's social security number to "pay taxes"?  He has been here illegally for many years.  Is he using fake id's too?  I think your best bet would be to move to Mexico with him and live there forever.

[Umka36 781]

28 minutes ago, David & Zoila said:

So is he illegally using someone else's social security number to "pay taxes"?  He has been here illegally for many years.  Is he using fake id's too?  I think your best bet would be to move to Mexico with him and live there forever.

OP mentioned that her husband has been using his own ITIN not SSN for filing taxes. This is where whomever employed him should be fined and punished, and cannot put all the blame on the illegal immigrant.

[RamStu 72]

20 hours ago, wonderfully_made said:

He has crossed a total of 4 times and was caught twice.  He crossed twice in 1999, one of those time he was caught and voluntary returned.  Same in 2003. 

 

We were married in 2011.  I'm sorry; what is an AOS?

Your husband does not qualify for the I-601A waiver as it is only applicable for INA 212(a)(9)(B); immigrant who enters the US uninspected one time only. He currently falls under 9C and would have to apply for a I-601 Waiver. I strongly recommend on hiring a very knowledgeable and dedicated lawyer for your husbands case as I have an uncle who also had multiple entries into the US and two months ago he received his US residency. Please see the link below for more information regarding waivers, inadmissible, etc.

 

https://immigrate2us.net/forum/showthread.php?93541-Entering-Without-Inspection-(EWI)-Bans-(including-6B)-Tattoos-and-more

[David & Diana R 1,005]

I'll add one more thing and then I am out.  I don't understand why a moderator has not shut down this thread yet.  I mean this guy has been here illegally for over 14 years.  Has entered illegally at least two or more times.   I think the only advice that does not violate the coveted TOS of Visa Journey is to suggest he leave the country immediately.  He does not belong here.  He has no right to be here and each day he remains he is making things worse, for himself as well as for others wishing to come to this country legally.  Where are the moderators when we need them?

[NigeriaorBust 4,087]

  The person posting is a USC  asking what the possible immigration paths are for their spouse.  Nothing against the TOS for asking and advising on  how to get on the right path no matter how sideways they are at the moment.   Against the TOS would be advising places to cross the border or to tell them to lie or continue on the wrong path .   VJ regularly helps people that overstay visa or "happen" to get married on a visitors visa.  If you think a thread is against the TOS use the report button.    

[Andrea&Henry 311]

21 hours ago, Frage said:

If he wasn't inspected he doesn't qualify for AOS. Someone correct me if I'm wrong. It would probably best for him to leave and file IR1 for him. 

You are right,

 

In order for him to adjust status he must had entered the US legally...the overstaying part is not as critical (I have a friend of mine who successfully adjust to permanent resident through marriage after living illegally in the States for 11 years...the thing is that she entered legally through a tourist visa)

 

 

[caliliving 606]

6 hours ago, Mollie09 said:

He's been filing taxes...

Did you try calling Liz's cannon? You should she is the best and go to immigrate2us.net more info there on waivers! Good luck 

[wonderfully_made 4]

22 hours ago, Boiler said:

My first thought was 9C lifetime bar.

 

Have you considered Border living or moving to Mexico?

Thank you for replying. I haven't ever considered border living, but I have considered moving to Mexico. It is an a possibility if nothing else is an option.  

[wonderfully_made 4]

21 hours ago, Harmonia said:

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. 

Thank you for the reply.  I'll look into immigrate2us.net.  Yes, that's great advice to look for attorneys who specialize in waivers.  Thanks!  

[wonderfully_made 4]

21 hours ago, caliliving said:

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.

 

Thank you for the referral.  I did reach out to her, and she advised he is subject to the permanent bar.  

20 hours ago, Hypnos said:

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. 

Thank you for the reply! 

[wonderfully_made 4]

10 hours ago, kris&me said:

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

Yes, we aren't trying to hide the fact that he has been here.  Thank you. 

[wonderfully_made 4]

5 hours ago, David & Zoila said:

So is he illegally using someone else's social security number to "pay taxes"?  He has been here illegally for many years.  Is he using fake id's too?  I think your best bet would be to move to Mexico with him and live there forever.

No he is NOT using someone else's SSN to pay taxes. I'm not sure what the "pay taxes" is about, but he has always paid taxes.  Just because someone doesn't have a SSN, doesn't mean they don't or can't pay taxes.  This is inaccurate information that people who are not educated about this situation often believe.  The IRS issues undocumented people ITIN's just so they can file taxes.  Ironic, huh, they aren't allowed to be here and can't get benefits, but the government will be sure to take as much money as possible and doesn't make them leave?  No he isn't using fake ID's either.  

 

Thanks for your opinion.  

[wonderfully_made 4]

5 hours ago, Umka36 said:

OP mentioned that her husband has been using his own ITIN not SSN for filing taxes. This is where whomever employed him should be fined and punished, and cannot put all the blame on the illegal immigrant.

Thank you for clarifying.  Also at this time we own a small business, so no employer and also companies with under 10 employees at this time do not have the same requirements as larger companies in our area.

[wonderfully_made 4]

5 hours ago, RamStu said:

Your husband does not qualify for the I-601A waiver as it is only applicable for INA 212(a)(9)(B); immigrant who enters the US uninspected one time only. He currently falls under 9C and would have to apply for a I-601 Waiver. I strongly recommend on hiring a very knowledgeable and dedicated lawyer for your husbands case as I have an uncle who also had multiple entries into the US and two months ago he received his US residency. Please see the link below for more information regarding waivers, inadmissible, etc.

 

https://immigrate2us.net/forum/showthread.php?93541-Entering-Without-Inspection-(EWI)-Bans-(including-6B)-Tattoos-and-more

Thanks so much for the reply.  It is refreshing to hear someone with a more similar situation has been successful.  Congrats to your uncle!  I would love to know the attorney that helped him if you don't mind sharing, even in a private message if possible.  Thanks again; I'll check out the link! 

[wonderfully_made 4]

4 hours ago, David & Zoila said:

I'll add one more thing and then I am out.  I don't understand why a moderator has not shut down this thread yet.  I mean this guy has been here illegally for over 14 years.  Has entered illegally at least two or more times.   I think the only advice that does not violate the coveted TOS of Visa Journey is to suggest he leave the country immediately.  He does not belong here.  He has no right to be here and each day he remains he is making things worse, for himself as well as for others wishing to come to this country legally.  Where are the moderators when we need them?

Thank you for your opinion.  While I disagree, I appreciate you taking the time to reply since it was important to you to share that.  I disagree that each day he remains he is making things worse; there is actually nothing that supports that statement, but everyone can have his opinion.  

 

I came here to get advice from people who have more knowledge on this than I do, not to violate any rules or have anyone encourage us to do something illegal.  Rather we are trying to find out the best option for our family.  I'm not sure why one would be so hateful to someone trying to learn the best way and right way to handle a situation that directly impacts their family.