My husband was detained in Atlanta today 😭

[SalishSea 16,746]

On 8/8/2020 at 3:39 PM, Diana2020 said:

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 be many years before this is even an issue.....

[VTUD 0]

3 minutes ago, Diana2020 said:

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? 

We retracted the entry and she went back back at the port of entry. We than applied for the i130 and it got approved, we are currently waiting for the consulate to open for the interview but we have been doing this for 20 months now. So dont expect a fast process. However now might be the best time as most visa types are banned. 

 

In relation to the 5 years ban, it all depends why it happen and yes the person should know to ask to retract their petition of entry prior to them giving the ban. 

https://www.uscis.gov/sites/default/files/document/foia/Inadmissibillity_and_Waivers.pdf

 

In reality when you apply for the i130 you can also note what has happen. This is where you present your case with pictures and everything letters and all, if all that is good than they approve it no matter if the person was deported or turned away. The waiver is to ask for them to remove the ban so you can come still as a visitor.

 

Also for submitting a waiver send all the information you can here. But again I think this is harder as this just asks them to still allow you under a B2 visa. 

https://www.uscis.gov/i-601

 

Always remember to sign NA on all empty fields or else it will get returned. 

Send all the information of past flights, pictures show entry and exit visa and flights, everything you can think of. 

Put them really nice in the folder slim binder with tabs. 

[geowrian 22,335]

51 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.

Right. Unfortunately, they missed that opportunity (and no guarantee the CBPO would agree to do so, but no harm asking).

 

A lawyer reversing a case is surely in the minority. But a lawyer filing a well prepared waiver case to overcome the inadmissibility is much more common.

I'm not suggesting a lawyer is required here. There is not a legal argument involved, or a question of law or fact to dispute. I'm just pointing out that a lawyer experienced with hardship waivers can often present a good waiver packet. Unlike the other forms and processes which are more about facts (i.e. you either qualify to petition or you don't...just provide all the necessary info), this waiver is about a set of circumstances describing hardships.

 

Not sure on the $2800 figure...I've seen from $1000 to prepare a letter for the waiver to close to 5 digits for doing the entire packet. Shop around. YMMV.

In the OP's case, the positives are that this is for a spouse, there is a USC child involved, and the home country can be argued as presenting hardships to immigrate in that direction. So I think a successful waiver is in the picture. But I do think it requires making sure it is well prepared still. It's something you really want to get right on the first try. They don't typically issue an RFE...they either approve or deny at their sole discretion based on the evidence presented.

 

9 minutes ago, VTUD said:

Also for submitting a waiver send all the information you can here. But again I think this is harder as this just asks them to still allow you under a B2 visa. 

https://www.uscis.gov/i-601

Note that the waiver (really a "consent to reapply") needed in the OP's situation is an I-212, not an I-601.

Edited August 10, 2020 by geowrian

[Diana2020 2]

2 hours ago, geowrian said:

Right. Unfortunately, they missed that opportunity (and no guarantee the CBPO would agree to do so, but no harm asking).

 

A lawyer reversing a case is surely in the minority. But a lawyer filing a well prepared waiver case to overcome the inadmissibility is much more common.

I'm not suggesting a lawyer is required here. There is not a legal argument involved, or a question of law or fact to dispute. I'm just pointing out that a lawyer experienced with hardship waivers can often present a good waiver packet. Unlike the other forms and processes which are more about facts (i.e. you either qualify to petition or you don't...just provide all the necessary info), this waiver is about a set of circumstances describing hardships.

 

Not sure on the $2800 figure...I've seen from $1000 to prepare a letter for the waiver to close to 5 digits for doing the entire packet. Shop around. YMMV.

In the OP's case, the positives are that this is for a spouse, there is a USC child involved, and the home country can be argued as presenting hardships to immigrate in that direction. So I think a successful waiver is in the picture. But I do think it requires making sure it is well prepared still. It's something you really want to get right on the first try. They don't typically issue an RFE...they either approve or deny at their sole discretion based on the evidence presented.

 

Note that the waiver (really a "consent to reapply") needed in the OP's situation is an I-212, not an I-601.

Thank you so much for your info it does help me understand a lot of things I appreciate your time and effort as well as others who where here for my family giving us an advice with our mistake gone far... But my husband and I do love each other and so my kids including my first daughter is not his. We do want our family reunite, I am afraid of COVID getting worst as we already have spiking up to 5million here in USA. I work in the hospital as a patient care tech and my kids will be at risk and my daycare as I around with COVID patient. 

[Diana2020 2]

3 hours ago, VTUD said:

We retracted the entry and she went back back at the port of entry. We than applied for the i130 and it got approved, we are currently waiting for the consulate to open for the interview but we have been doing this for 20 months now. So dont expect a fast process. However now might be the best time as most visa types are banned. 

 

In relation to the 5 years ban, it all depends why it happen and yes the person should know to ask to retract their petition of entry prior to them giving the ban. 

https://www.uscis.gov/sites/default/files/document/foia/Inadmissibillity_and_Waivers.pdf

 

In reality when you apply for the i130 you can also note what has happen. This is where you present your case with pictures and everything letters and all, if all that is good than they approve it no matter if the person was deported or turned away. The waiver is to ask for them to remove the ban so you can come still as a visitor.

 

Also for submitting a waiver send all the information you can here. But again I think this is harder as this just asks them to still allow you under a B2 visa. 

https://www.uscis.gov/i-601

 

Always remember to sign NA on all empty fields or else it will get returned. 

Send all the information of past flights, pictures show entry and exit visa and flights, everything you can think of. 

Put them really nice in the folder slim binder with tabs. 

Wow thanks for sharing... 

I wish you the best and your love one to get through with this tough times...I am so glad to hear that you guys got approved in I-130, the waiting is sucks but we will do what the right things to just to to reunite again so that my he will spend time with his daughter that he have not seen physically since she was less than ten days old. 

[VTUD 0]

4 hours ago, geowrian said:

well prepared still

You hit it right on with this. I cant agree more. 

[VTUD 0]

1 hour ago, Diana2020 said:

Wow thanks for sharing... 

I wish you the best and your love one to get through with this tough times...I am so glad to hear that you guys got approved in I-130, the waiting is sucks but we will do what the right things to just to to reunite again so that my he will spend time with his daughter that he have not seen physically since she was less than ten days old.

The 5 years ban is new as of trump, search on google for Canada 5 years ban, there are so many articles. They also scrutinize everything to keep people out. 

But as of right now rush to get that i130 in as fast as you can, please watch youtube videos, there are a lot of people talking about it, how to do it and just do some research. Right now they have banned most visa types but not the i130. So they are on the fast track in a way, I seen people here approved in a few weeks, if anything the Covid thing is helping our case. But still get ready for the long road, there is not much you can do otherwise. Be very prepared in your case just like geowrian said. 

[SusieQQQ 11,584]

14 minutes ago, VTUD said:

The 5 years ban is new as of trump, search on google for Canada 5 years ban, there are so many articles. They also scrutinize everything to keep people out. 

But as of right now rush to get that i130 in as fast as you can, please watch youtube videos, there are a lot of people talking about it, how to do it and just do some research. Right now they have banned most visa types but not the i130. So they are on the fast track in a way, I seen people here approved in a few weeks, if anything the Covid thing is helping our case. But still get ready for the long road, there is not much you can do otherwise. Be very prepared in your case just like geowrian said. 

I don’t often say this but you have no idea what you are talking about. The 5-year ban has been in place for years. Canada is irrelevant to OP. The i130 is not a “visa”, it is the petition form that everyone petitioning for a family member uses - which includes both banned and unbanned visa categories. You missed that OP is an LPR, which means the visa type for her husband does in fact fall under a currently banned category.

Edited August 10, 2020 by SusieQQQ