Waiver on a 10 year band

[geowrian 22,336]

45 minutes ago, Paul & Mary said:

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

True. Although this is the case of nearly every spousal visa case, so it should be something above and beyond what other married couples go through with immigration.

 

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Just a note re: the waiver

They will need to demonstrate why the petitioner would have an extreme hardship to move to them instead (either in inability to immigrate to Canada instead, or reason why doing so is impractical).

 

39 minutes ago, Tony1975 said:

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

No waiver is needed with the I-130 or at NVC. The waiver will only come into play after interviewing for the visa and being refused due to the ban.

 

You can expedite the I-130, assuming you meet the expedite criteria.

https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

[Tony1975 2]

4 minutes ago, geowrian said:

True. Although this is the case of nearly every spousal visa case, so it should be something above and beyond what other married couples go through with immigration.

 

=====

Just a note re: the waiver

They will need to demonstrate why the petitioner would have an extreme hardship to move to them instead (either in inability to immigrate to Canada instead, or reason why doing so is impractical).

 

No waiver is needed with the I-130 or at NVC. The waiver will only come into play after interviewing for the visa and being refused due to the ban.

 

You can expedite the I-130, assuming you meet the expedite criteria.

https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

Have you ever heard in some cases that you get approved for a visa  by the consulate even if you have a deportation ? Do they have the authority to let me in with their issued visa ?

[SusieQQQ 11,585]

1 minute ago, Tony1975 said:

Have you ever heard in some cases that you get approved for a visa  by the consulate even if you have a deportation ? Do they have the authority to let me in with their issued visa ?

You have to be admissible to be granted a visa. A ban makes you inadmissible and so you need a waiver for that.

[geowrian 22,336]

6 minutes ago, Tony1975 said:

Have you ever heard in some cases that you get approved for a visa  by the consulate even if you have a deportation ? Do they have the authority to let me in with their issued visa ?

I can't say it has never actually happened...but it would be in error for them to do so. As noted, you must be admissible to be issued the visa, and an active ban would make you inadmissible until it either expires or is waived.

[Tony1975 2]

13 minutes ago, geowrian said:

I can't say it has never actually happened...but it would be in error for them to do so. As noted, you must be admissible to be issued the visa, and an active ban would make you inadmissible until it either expires or is waived.

Thank you so much for your time! I will keep you updated

19 minutes ago, SusieQQQ said:

You have to be admissible to be granted a visa. A ban makes you inadmissible and so you need a waiver for that.

Ok ..gotcha ! Thank you

[Cndn 98]

You get a 10 year bar for abandoning a green card? 

[Just Paul 4,591]

3 minutes ago, Cndn said:

You get a 10 year bar for abandoning a green card? 

Her green card was considered abandoned for not being in the US.  You get it for the returning and overstaying a deportation order.

[Cndn 98]

6 minutes ago, Paul & Mary said:

Her green card was considered abandoned for not being in the US.  You get it for the returning and overstaying a deportation order.

That makes more sense, thank you. 

[Just Paul 4,591]

I do wonder if what the OP was told at the POE or if it was found out later.   

 

I live and work on the southern border and help at an immigration clinic.  Every now and then we hear something like this but it is usually because the US has no land based outbound immigration checks and Mexico doesn't check on the other side. (Unlike Canada)   The only examples I've seen with deportation orders is for children believed to be out of country and then having to prove otherwise with school records.

[Diane and Chris 651]

This is a very interesting case @Tony1975  Please keep us updated. It must be extremely hard to be separated from your children. We wish you well and hope that things will turn around for you. Good luck!  

[Tony1975 2]

1 minute ago, Diane and Chris said:

This is a very interesting case @Tony1975  Please keep us updated. It must be extremely hard to be separated from your children. We wish you well and hope that things will turn around for you. Good luck!  

Thank you .. I will 

[Tony1975 2]

On 5/16/2020 at 3:38 PM, Diane and Chris said:

This is a very interesting case @Tony1975  Please keep us updated. It must be extremely hard to be separated from your children. We wish you well and hope that things will turn around for you. Good luck!  

 

On 5/16/2020 at 3:38 PM, Diane and Chris said:

This is a very interesting case @Tony1975  Please keep us updated. It must be extremely hard to be separated from your children. We wish you well and hope that things will turn around for you. Good luck!  

Hi there 

 thank you for being sensitive to my situation . I got some good news on Friday that my i130 was approved . I have spoke to my lawyer that is in charge of my criminal case and told me that they are willing to settle it as withhold of adjudication... so I m clear of criminal case and approves on my i130 .. the lawyer that I was using said when these two steps are done he can file for

i824 , I m akeptical when it comes to him , may be because all I have been going through ...  what about the 10 year ban ?

[geowrian 22,336]

For US immigration purposes, a conviction is determined as noted here: https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

The ILRC has a good write-up as well: https://www.ilrc.org/sites/default/files/resources/definition_conviction_april_2019.pdf

A deferral or withholding of adjudication generally won't matter here given that the conviction already existed. It might be a good idea to discuss this with an immigration attorney, not just a criminal one.

The criminal record of the beneficiary is not considered for I-130 adjudication.