Applying after living illegally and returning to home country

[Mikkie2876 3]

Guys.. I'm seeking some advice here from anyone who's already gone through this. And I apologize in advance that this post is going to be long-winded.

My husband and I have been married for almost 17 years. We were married back in the United States in 2001. My husband entered the states illegally at age 13. He had a social security number  and driver's license and worked until he was not able to renew his driver's license in 2008.  He paid taxes every year, etc. Long story short, when DACA was finally about to pass we learned that he didn't qualify for it because he was too old when DACA passed. He missed the age guideline by 4 months.  Rather than risk getting caught and deported he decided to just go back to Brazil on his own- tired of living in the shadows thanks to his parents. I came back with him with our kids and we have been living here for 7 years. But we have grown tired of it and he finally wants to try to do something to get back into the States.. for this to happen I'm probably going to have to go back and get a job and make enough money to support a family of 4 before I can petition for him. But my brother-in-law suggested that maybe we can do it a different way.  He said perhaps an Employment Visa requested by his company could gain him entry. But I really don't think that's going to work. My husband is not a skilled worker doesn't have any special degrees. Not to mention I think just being married to a US citizen disqualifies him  an employment based Visa correct?

[pushbrk 12,233]

You husband is subject to a 10 year ban on re-entering the USA.  An I-601 waiver is a possibility.  We have a discussion forum here devoted to waivers, but you can study that process any way you wish.  An employment visa will not overcome the ban, AND, based on the circumstances you describe, it is unlikely the waiver would be granted either.

[sunshinelove 52]

My first thought is that the 10 year ban would have gone into effect when he left the country (due to being here illegally for so many years). That being said, it'll be another 3 years before he can legally come back into the United States. Since you are married, when he can come back to the US, he can apply for a marriage based visa and then immigrate legally and go through AOS. I don't think there are any good options for him coming now. Unless he's really qualified for a position, it'd be difficult to get an employment based visa. And since you are married I do think it would make any immigration officer suspicious of intent to stay for good (which is pretty much the goal) so the visa would get denied anyway. My advice would be to wait it out another 3 years and then apply for a marriage based visa.

[Mikkie2876 3]

6 hours ago, sunshinelove said:

My first thought is that the 10 year ban would have gone into effect when he left the country (due to being here illegally for so many years). That being said, it'll be another 3 years before he can legally come back into the United States. Since you are married, when he can come back to the US, he can apply for a marriage based visa and then immigrate legally and go through AOS. I don't think there are any good options for him coming now. Unless he's really qualified for a position, it'd be difficult to get an employment based visa. And since you are married I do think it would make any immigration officer suspicious of intent to stay for good (which is pretty much the goal) so the visa would get denied anyway. My advice would be to wait it out another 3 years and then apply for a marriage based visa.

I was under the impression that the 10 year ban was only if the immigrant was deported? I thought it was 3 years if he voluntarily left.

[Mikkie2876 3]

6 hours ago, pushbrk said:

You husband is subject to a 10 year ban on re-entering the USA.  An I-601 waiver is a possibility.  We have a discussion forum here devoted to waivers, but you can study that process any way you wish.  An employment visa will not overcome the ban, AND, based on the circumstances you describe, it is unlikely the waiver would be granted either.

It's not 3 years? He left on his own. Never any proceeding against him.

[pushbrk 12,233]

1 hour ago, Mikkie2876 said:

It's not 3 years? He left on his own. Never any proceeding against him.

No, it is ten years but ten years from when he left.  He was here illegally.  Check with an attorney familiar with DACA.  If the law still applies and that changes his ban, cool.

[Mikkie2876 3]

8 minutes ago, pushbrk said:

No, it is ten years but ten years from when he left.  He was here illegally.  Check with an attorney familiar with DACA.  If the law still applies and that changes his ban, cool.

Gottcha... We have a Skype appt for next week with a lawyer in the U.S.  He's been back 7 years.. So maybe if I go back and get the income eligibility squared away in the interim it may help. I also read that the last 3 years of income tax is required. We have plenty of tax returns. But they stop in 2011 after her returned. 

Edited September 7, 2018 by Mikkie2876

[pushbrk 12,233]

8 minutes ago, Mikkie2876 said:

Gottcha... We have a Skype appt for next week with a lawyer in the U.S.  He's been back 7 years.. So maybe if I go back and get the income eligibility squared away in the interim it may help. I also read that the last 3 years of income tax is required. We have plenty of tax returns. But they stop in 2011 after her returned. 

If you are filing the petition now, it will most likely be the 2018, 2017, and 2016 tax returns that are required.  16 and 17 can be filed now, unless your income (foreign or domestic) is under the filing threshold.  2018 will be filed in 2019.  However, it is your current US income a year or so from now that will qualify you as sponsor or not.  If not, you'll need a joint sponsor who IS qualified.

 

That is, IF....IF...IF... he gets a waiver.  Otherwise, you're looking at a visa at least three years from now.

Edited September 7, 2018 by pushbrk

[Mollie09 1,543]

1 hour ago, Mikkie2876 said:

Gottcha... We have a Skype appt for next week with a lawyer in the U.S.  He's been back 7 years.. So maybe if I go back and get the income eligibility squared away in the interim it may help. I also read that the last 3 years of income tax is required. We have plenty of tax returns. But they stop in 2011 after her returned. 

The tax returns required are yours (the USC), as you are required to file taxes on worldwide income.

[little immigrant 800]

11 hours ago, sunshinelove said:

Since you are married, when he can come back to the US, he can apply for a marriage based visa and then immigrate legally and go through AOS. 

How can he do AOS? CR1/IR1 would be a much better option.

[pushbrk 12,233]

13 hours ago, sunshinelove said:

 Since you are married, when he can come back to the US, he can apply for a marriage based visa and then immigrate legally and go through AOS. I don't think there are any good options for him coming now. Unless he's really qualified for a position, it'd be difficult to get an employment based visa. And since you are married I do think it would make any immigration officer suspicious of intent to stay for good (which is pretty much the goal) so the visa would get denied anyway. My advice would be to wait it out another 3 years and then apply for a marriage based visa.

This is all wrong.  Marriage based visas are applied for an issued OUTSIDE the US, so he will need one in order to enter the US.  With a marriage based visa, there is no Adjusting Status.

[TNJ17 1,329]

Agreed. He most likely has a 10 yr ban and doesn’t qualify for the waiver. Your best bet is to go back by yourself now and restablish residence until the ban is lifted then apply for CR1. You might be able to apply for CR1 a year before the ban lifts. That would put your interview for after the ban. I’m not quite sure if you must wait for the ban to apply or not. Check that. But if that is true it will save you a year maybe.

Edited September 7, 2018 by TNJ17

[Daisy.Chain 317]

Kudos to you guys for deciding to make it right. I hope it works out!

[Boiler 43,721]

It is say 15 months to file for him and say another 15 months for the waiver so you have a bit of time.

 

Say his ban is up in exactly 3 years, you could return nearer the time, say 18 months before the ban is up and then file and his petition would be due about the right time.

[MjC772 94]

22 hours ago, Mikkie2876 said:

Guys.. I'm seeking some advice here from anyone who's already gone through this. And I apologize in advance that this post is going to be long-winded.

My husband and I have been married for almost 17 years. We were married back in the United States in 2001. My husband entered the states illegally at age 13. He had a social security number  and driver's license and worked until he was not able to renew his driver's license in 2008.  He paid taxes every year, etc. Long story short, when DACA was finally about to pass we learned that he didn't qualify for it because he was too old when DACA passed. He missed the age guideline by 4 months.  Rather than risk getting caught and deported he decided to just go back to Brazil on his own- tired of living in the shadows thanks to his parents. I came back with him with our kids and we have been living here for 7 years. But we have grown tired of it and he finally wants to try to do something to get back into the States.. for this to happen I'm probably going to have to go back and get a job and make enough money to support a family of 4 before I can petition for him. But my brother-in-law suggested that maybe we can do it a different way.  He said perhaps an Employment Visa requested by his company could gain him entry. But I really don't think that's going to work. My husband is not a skilled worker doesn't have any special degrees. Not to mention I think just being married to a US citizen disqualifies him  an employment based Visa correct?

How on earth did he have a social security number? Did he steal an actual SS number?....if that's the case, then, as far as I'm concerned, he should have a permanent ban.

 

Edited September 8, 2018 by MjC772