My husband was detained in Atlanta today 😭

[Sparkle Sparkle 913]

I hope he arrived Jamaica safely , have you had time to talk to him? maybe there is a side to all this that we dont know yet

[Diana2020 2]

My husband arrived safe to his country, and he showed me his paperwork; it said barred 5 years or longer. Expedited removal. And he was charge for inadmissible. I have spokes to some people and advice me to seek professional help. What should I do? Can I still apply for spousal visa? Even he had that barred?

[Crazy Cat 39,214]

Just now, Diana2020 said:

My husband arrived safe to his country, and he showed me his paperwork; it said barred 5 years or longer. Expedited removal. And he was charge for inadmissible. I have spokes to some people and advice me to seek professional help. What should I do? Can I still apply for spousal visa? Even he had that barred?

You can apply.....but he will need a waiver....or wait until the 5 year ban has expired.....

[SusieQQQ 11,584]

3 hours ago, Diana2020 said:

My husband arrived safe to his country, and he showed me his paperwork; it said barred 5 years or longer. Expedited removal. And he was charge for inadmissible. I have spokes to some people and advice me to seek professional help. What should I do? Can I still apply for spousal visa? Even he had that barred?

You’ll need a waiver. It’s going to be a long process.  

[geowrian 22,335]

He can file an I-212 waiver to address the bar.

It might not be a bad idea to seek a consultation with an immigration attorney that deals with waivers.

39 minutes ago, SusieQQQ said:

You’ll need a waiver. It’s going to be a long process.  

If it's a solo I-212, the total timeline will likely be unchanged or close to it....assuming the waiver is granted.

A solo I-212 can be filed before being determined inadmissible for the immigrant visa.

[Diana2020 2]

1 hour ago, geowrian said:

He can file an I-212 waiver to address the bar.

It might not be a bad idea to seek a consultation with an immigration attorney that deals with waivers.

If it's a solo I-212, the total timeline will likely be unchanged or close to it....assuming the waiver is granted.

A solo I-212 can be filed before being determined inadmissible for the immigrant visa.

Thanks for the info, 

 

He was charge Inadmissible,

Order of Removal Under Section 235(b)(1)of the Act. 
can we file spousal visa or wait till after the waiver?

[geowrian 22,335]

11 minutes ago, Diana2020 said:

Thanks for the info, 

 

He was charge Inadmissible,

Order of Removal Under Section 235(b)(1)of the Act. 
can we file spousal visa or wait till after the waiver?

You can start the spousal visa process anytime. The inadmissibility due to the removal will be an issue for the actual visa.

As noted, you can file a solo I-212 to start the waiver process. Luckily, you can have both the spousal visa and the waiver processes going at the same time (most waivers can only be applied for after the visa is actually refused). If you have the visa interview before the waiver is approved, the visa will be refused due to the ban, pending the waiver being approved.

But yes, this is a challenge as a waiver approval is not a guarantee. But as this is for a spouse and with a child involved, I would say there is a optimistic outlook if you have a good waiver presented. That's where I think professional assistance is really useful.

[Diana2020 2]

24 minutes ago, geowrian said:

You can start the spousal visa process anytime. The inadmissibility due to the removal will be an issue for the actual visa.

As noted, you can file a solo I-212 to start the waiver process. Luckily, you can have both the spousal visa and the waiver processes going at the same time (most waivers can only be applied for after the visa is actually refused). If you have the visa interview before the waiver is approved, the visa will be refused due to the ban, pending the waiver being approved.

But yes, this is a challenge as a waiver approval is not a guarantee. But as this is for a spouse and with a child involved, I would say there is a optimistic outlook if you have a good waiver presented. That's where I think professional assistance is really useful.

Thanks for your advice we will surely consider this. 
I think marrying him was a bad idea when he came the first time.  Coming from a well mannered and family oriented made me force him to do something and marry me instantly before I give birth. I was pressuring him as we got pregnant and I already have one child from past relationship and my parents and family back home will be so devastated cos

I was divorce with no child 

Got pregnant with my first child with a irresponsible man.

then I got pregnant with my husband which is I pressured him to marry me as I was embarrassed, in exchange I put him

in a bad situation. I shouldn’t have marry him with his tourist Visa in USA. 

[SusieQQQ 11,584]

Does your husband want to immigrate to the US?

[Diana2020 2]

27 minutes ago, SusieQQQ said:

Does your husband want to immigrate to the US?

Since this happen he doesn’t want to be away with us anymore as soon as we filed he is going to let his work know that I will be petitioning him and if it’s ok to broke the contract. 

[aaron2020 11,651]

21 minutes ago, Diana2020 said:

Since this happen he doesn’t want to be away with us anymore as soon as we filed he is going to let his work know that I will be petitioning him and if it’s ok to broke the contract. 

It will take 12-18 months for him to get a visa interview.  He will get denied because of his inadmissibility.  Then, the waiver has to be applied for.  The entire process will take years.  He may want to wait to let his work know when he has a visa and not do it when you file the I-130.

[VTUD 0]

Sorry to hear what happen, but that is normal and it was normal for the past few years.  Same thing happened to my wife from Canada in December of 2018, we are still waiting for the i130 interview as of today. We had to meet in mexico and Canada, there is absolutely nothing you can do at this point, other than apply for the i130 and hope for the best. Our process right now is sitting at 20 months and the Consulate is still closed and no interview date. O yhea there is also no expedite process no matter what anybody tells you. Only if there is a death situation and in that case what is the point. 

 

Honestly apply for the i130 and figure out a way to live here to go over there while you wait. 

 

Hint of advice dont bother with lawyers, just apply yourself it is fairly easy to do online. 

[geowrian 22,335]

3 hours ago, VTUD said:

Hint of advice dont bother with lawyers, just apply yourself it is fairly easy to do online. 

The I-130 is, and the consulate processing piece typically is as well. 100% agree there.

In the OP's case, their SO was issued an expedited removal, which includes a 5 year ban. So a lawyer may be useful for applying for that waiver.

[VTUD 0]

58 minutes ago, geowrian said:

SO was issued an expedited removal, which includes a 5 year ban.

Sorry i did not catch that part. The smart thing to know is that when you realize that you cant get into the US to ask to retract you entry request and go back home. But if they got the ban yes. To be honest in that case there is still not much a lawyer can do that they cant.

 

Apply for the waiver and see the response. Maybe pay somebody to write the letter. It will definitely be cheaper than the 2800$ most of them ask for this task.  

 

In our case the immigration officer asked if we prepared our case and we said yes.  He than mentioned that they scrutinize more cases that are done by lawyers as they assume that they have something to hide. I have yet to see a case where a lawyer was able to reverse a case.

 

 

Edited August 9, 2020 by VTUD

[Diana2020 2]

5 minutes ago, VTUD said:

Sorry i did not catch that part. The smart thing to know is that when you realize that you cant get into the US to ask to retract you entry request and go back home. But if they got the ban yes. To be honest in that case there is still not much a lawyer can do that they cant.

 

Apply for the waiver and see the response. Maybe pay somebody to write the letter. It will definitely be cheaper than the 2800$ most of them ask for this task.  

 

In our case the immigration officer asked if we prepared our case and we said yes.  He than mentioned that they scrutinize more cases that are done by lawyers as they assume that they have something to hide. I have yet to see a case where a lawyer was able to reverse a case.

 

 

Thanks for you info.. If you don’t mind I ask, what was your case? Where you ban in the country that you have visa with? Did u applied for a waiver ? Did u get approved?