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Tony1975

Waiver on a 10 year band

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Hi there

 

  I am a Canadian citizen married for 7 years to a U S citizen and have 2 girls of age 6 and 8. I was a green card holder since 2004 until recently when it was taking away and got deported .

the reason of deportation is abandoning my green card because I was  living outside the U S from 2015 until 2018   . Back in 2015 I was self employed and lost everything and end up owing sales taxes to the state which I still I have this case pending . That s the only criminal case I have which I was told by my criminal lawyer more likely to pay it off and it will dropped to a misdemeanour. FYI I end up in Immigration detention for five months until they changed my court address to BTC ( Broward  Transitional centre ) Florida . The Immigration lawyer that I had  told me that we need to apply for a waiver ( motion to admission) and that should take few months . I honestly lost  believe in him due to my experience  and I m looking for a new one .FYI my family still leaves in Florida and I am in Toronto. Waiting on my I130 To be approved  ,it was received on 8/13/2019. Here  is some of my questions that I appreciate your help with:
 

Would I be allowed to go back ?

How long the processing of my waiver should take ?

If yes , any idea of a fastest way possible ?
 

 

 

Edited by Tony1975
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Filed: Citizen (apr) Country: Taiwan
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I don't think this is a DYI case........I would stick with a very good waiver-experienced attorney....

Edited by Lucky Cat

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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11 minutes ago, Tony1975 said:

How long the processing of my waiver should take ?

If yes , any idea of a fastest way possible ?

I'm with @Lucky Cat.  I'd start looking for a good attorney for the waiver once the case goes to the NVC or consulate.  I know an attorney based in North Carolina that has had some good experiences in these types of cases throughout the southeast.   If you want, DM once you get closer and I'll get you his contact.

 

Your husband caan try to expedite the USCIS portion - costs nothing to ask.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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There's a few issues going on here, and there's not enough information to say something concrete.

I'm assuming you were in the US, left, then came back after 3 years but were paroled pending reveiwed by an IJ, and then ultimately deported as a result of that.

If you were deported (and it was the first deportation), you need to wait 5 years or have an I-212 approved. If you were deemed unlawfully present for 1+ year, then that's the 10 year bar needing an I-601.

If you need an I-601 (solo or alongside an I-212) then these would only be filed after being otherwise eligible for the visa (after the interview abroad). Only a solo I-212 can be filed beforehand, which doesn't appear to be the case here.

There may or may not be a waiver needed due to a CIMT...I can't tell either way from what was posted how that will play out. In either case, that would just be the same I-601 still.

ETA for an I-601 right now is roughly a year.

 

What is the extreme hardship to qualify for the waiver (no answer requested...just asking questions for you to think about)?

That + the presentation of it would be the biggest factors on if it will be approved or not. A qualified lawyer experienced with waivers is suggested here. They will be able to best assess the likelihood of getting a waiver approved for your specific circumstances.

Fastest way possible is to interview, get the refusal letter stating a waiver is available, then apply for the waiver.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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I was giving  a 10 year deportation.I lived in the U S since 2004 until 2015 May be Travelled out of the country for a month all together in the 11 years of my residency .

my family is struggling by me not being there. Thank you for the feedback , I will definitely 

be hiring a lawyer , any good waiver lawyers you can recommend ?

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33 minutes ago, databit said:

So did you pay off the sales taxes to clear the criminal case? If not, start there. 

 

12 minutes ago, geowrian said:

There's a few issues going on here, and there's not enough information to say something concrete.

I'm assuming you were in the US, left, then came back after 3 years but were paroled pending reveiwed by an IJ, and then ultimately deported as a result of that.

If you were deported (and it was the first deportation), you need to wait 5 years or have an I-212 approved. If you were deemed unlawfully present for 1+ year, then that's the 10 year bar needing an I-601.

If you need an I-601 (solo or alongside an I-212) then these would only be filed after being otherwise eligible for the visa (after the interview abroad). Only a solo I-212 can be filed beforehand, which doesn't appear to be the case here.

There may or may not be a waiver needed due to a CIMT...I can't tell either way from what was posted how that will play out. In either case, that would just be the same I-601 still.

ETA for an I-601 right now is roughly a year.

 

What is the extreme hardship to qualify for the waiver (no answer requested...just asking questions for you to think about)?

That + the presentation of it would be the biggest factors on if it will be approved or not. A qualified lawyer experienced with waivers is suggested here. They will be able to best assess the likelihood of getting a waiver approved for your specific circumstances.

Fastest way possible is to interview, get the refusal letter stating a waiver is available, then apply for the waiver.

I was giving  a 10 year deportation.I lived in the U S since 2004 until 2015 May be Travelled out of the country for a month all together in the 11 years of my residency .

my family is struggling by me not being there. Thank you for the feedback , I will definitely 

be hiring a lawyer , any good waiver lawyers you can recommend ?

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5 minutes ago, Tony1975 said:

I lived in the U S since 2004 until 2015 May be Travelled out of the country for a month all together in the 11 years of my residency .

You weren't deported for that.  You were deported for living outside the U S from 2015 until 2018.

 

6 minutes ago, Tony1975 said:

my family is struggling by me not being there.

And that is why you husband can ask for an expedite.  Having two households is not cheap.

7 minutes ago, Tony1975 said:

I will definitely be hiring a lawyer

Not needed at this point.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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2 minutes ago, Paul & Mary said:

You weren't deported for that.  You were deported for living outside the U S from 2015 until 2018.

 

And that is why you husband can ask for an expedite.  Having two households is not cheap.

Not needed at this point.

Just to clarify , My wife and kids are in Florida.  You mean expediting the waiver or the i130. 

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Just now, Tony1975 said:

Just to clarify , My wife and kids are in Florida.  You mean expediting the waiver or the i130. 

Right - you are in Canada.   Your spouse, the petitioner,  can ask to expedite the i-130.   You don't know for sure what waivers are needed until later in the process

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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15 minutes ago, Tony1975 said:

Got it ... any good waiver attorneys would you recommend ?

You don't need one until you get the to the NVC or consulate.  Then feel free to DM me.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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