Will my husband need a waiver?

[Nellyy 1]

Hello All and thank you in advance for any guidance/advice.

My husband, at 8 years old, was taken into the U.S. illegally by a family member.  Then in 1993 he went to Mexico to get married and came back  two days later to the U.S. illegally with the use of a relative's document. Throughout his stay in Texas, the only police problems he had were speeding tickets, sometimes no insurance and sometimes no license. His fines were so high that when he ended up in front of a judge, the judge told him to pay or go to jail. He went to jail for 5 days. After his divorce he left the U.S. on his own, without EVER getting in trouble with immigration officials. I suppose the 10 year ban applies. He left the U.S. in March 2012. My main question is, once I start the consular process for a spouse green card, will he be required to fill a I-601? Is it really up to the discretion of the consular official? I have not turned in the I-130 yet and he resides in Mexico. I figure by the time he is called to meet at the NVC, the 10 years would have passed. 

What do ya'll think are the chances that he would be asked for the waiver?

[HRQX 4,145]

6 minutes ago, Nellyy said:

once I start the consular process for a spouse green card, will he be required to fill a I-601?

No. Form I-601 cannot be filed before the visa interview.

7 minutes ago, Nellyy said:

I figure by the time he is called to meet at the NVC, the 10 years would have passed.

Interview is at the Juarez consulate. If the bar no longer applies at that point, then Form I-601 not needed.

[Nellyy 1]

2 minutes ago, HRQX said:

No. Form I-601 cannot be filed before the visa interview.

Interview is at the Juarez consulate. If the bar no longer applies at that point, then Form I-601 not needed.

Thank you HRQX, yes, I know that he would need it only if he is asked at the interview. I think my main concern is that even if the 10 years have passed, the consular officer can still request one? If for example, I turn in the I-130 next month, March 2021, and say the NVC interview is in March 2023, will the officer say, well, when you turned in the I-130 his 10 year ban was not done yet, so he is gonna have to turn a waiver in. Or will the officer say, ok, so it is March 2023, 11 years past his exit from the U.S. which he did completely on his own without ICE getting involved, so no, you won't need a waiver. I am wondering which might be the scenario. And thank you again, I know some of this is just a best guess but I appreciate any guidance. 

[HRQX 4,145]

3 minutes ago, Nellyy said:

will the officer say, well, when you turned in the I-130 his 10 year ban was not done yet, so he is gonna have to turn a waiver in.

No. The date I-130 is filed is not relevant when determining inadmissibility.

[pablo2752 106]

Quote

"My husband, at 8 years old, was taken into the U.S. illegally by a family member.  Then in 1993 he went to Mexico to get married and came back  two days later to the U.S. illegally with the use of a relative's document:

 

One EWI - entry without inspection - is a misdemeanor, but multiple EWI leads to  a felony, and it most likely leads to a lifetime bar with no waiver, regardless the fact that he was a minor when he first came here.  

Edited February 20, 2021 by pablo2752

[HRQX 4,145]

1 hour ago, pablo2752 said:

but multiple EWI leads to  a felony, and it most likely leads to a lifetime bar with no waiver,

Note that the IIRIRA unlawful presence bars and unlawful entry provisions are not retroactive. Since his last entry was before April 1, 1997 he is not subject to the permanent bar.

Edited February 20, 2021 by HRQX

[Nellyy 1]

Thank you both for your replies. 🙂

[Dalila Gonzalez 49]

Check with an immigration lawyer, investigate what his convictions are. To get ahead of the game, some convictions seem like they aren't all that bad but in combination and for immigration purposes are extremely bad. You'd be surprised what stupid excuse my French, is considered a crime of moral turpitude