235b1 Will waiver be required? IR1 212a7aii, 235b1

[Anonymous303 1]

Hello everyone, so I have a question I wish you could help me with.

 

So my wife (at time gf) was trying to cross to the USA with a visa in 2015 to visit me for winter break. She was stopped at port of entry (land) and was given a 212a7aii, 235b1 5 year bar from the United States. 

 

I moved down to the border and we have since married (2017) and had a child. I submitted her petition for green card in 2021 after her 5 year bar expired. 

 

I want to know what are the odds she will need a Waiver when she goes to the interview, or if it's possible since her bar is up that she can get green card at interview? 

 

Thank you in advance!

[Timona 3,941]

If a ban is up, no waiver required 

[Crazy Cat 39,226]

7 hours ago, Rigo303 said:

Hello everyone, so I have a question I wish you could help me with.

 

So my wife (at time gf) was trying to cross to the USA with a visa in 2015 to visit me for winter break. She was stopped at port of entry (land) and was given a 212a7aii, 235b1 5 year bar from the United States. 

 

I moved down to the border and we have since married (2017) and had a child. I submitted her petition for green card in 2021 after her 5 year bar expired. 

 

I want to know what are the odds she will need a Waiver when she goes to the interview, or if it's possible since her bar is up that she can get green card at interview? 

 

Thank you in advance!

The 5 year ban started when she exited the US in 2015.  The ban ended when she had been outside the US for 5 years.  

[Anonymous303 1]

@Crazy Cat so you dont think they will deny the visa at the interview and require a 212 or 601?

[Crazy Cat 39,226]

7 minutes ago, Rigo303 said:

@Crazy Cat so you dont think they will deny the visa at the interview and require a 212 or 601?

Based on what you have posted, no.

[Family 3,480]

You won’t need an I-212 because that is required if you are seeking a waiver during the 5 year ban , which you could have done once married ( and filed I-212 and I-601 together) but you chose to wait out the ban. 
 

As for the I-601 , you have not provided any details of her encounter at POE..and the section you quoted can apply to more than one. Basically if they found misrep / fraud, then an I-601 will be needed. 
 

After 5 years, I am sure you must have consulted at least a couple of immigration attorneys and at a minimum, obtained a CBP FOIA that details the encounter, questions she was asked and answers she gave…

 

Perhaps you can post some details 

[Anonymous303 1]

@Family hello! Thanks for answering!

 

So I do have a lawyer we submitted for FOIA, I also have all original documentation given to her. So basically they pulled her aside and held her for 12 hours stating they wouldn't release til she stated she worked illegally,  which wasn't true but being young and scared she signed so they would release her. 

 

My lawyer thinks that due to her stating she worked and trying to get green card (which allows individual to work) that they may cross eachother out and not require 601 but it depends on official at interview. 

 

I just wanted to see if anyone has been in same situation. I've heard of people completing ban and still requiring both waivers.

[Family 3,480]

5 minutes ago, Rigo303 said:

So I do have a lawyer we submitted for FOIA, I also have all original documentation given to her. So basically they pulled her aside and held her for 12 hours stating they wouldn't release til she stated she worked illegally,  which wasn't true but being young and scared she signed so they would release her. 

 

My lawyer thinks that due to her stating she worked and trying to get green card (which allows individual to work) that they may cross eachother out and not require 601 but it depends on official at interview. 

 

I just wanted to see if anyone has been in same situation. I've heard of people completing ban and still requiring both waivers.

I will assume you are dealing with CDJ ( Juarez) .? …and I agree your attorney that it’s a ####### shoot as to the I-601 for what is her admission of unauthorized employment and possible  Consulate presumption of misrepresentation/ fraud when she obtained her visa / border crossing card. 
 

You won’t need an I-212 as that deals only with getting around the time restriction of the ban ( if you had applied before 5 years), but the grounds of inadmissibility still remain to be dealt with at Consulate interview. 
 

My personal experience has been that CDJ has done both ( closed an eye and approved once ban expired in some cases and found inadmissibility and required I-601 in most). 
 

Best you can do is hope for the best, but prepare for the worst…which means start gathering the prerequisites to show hardship for waiver. You can get everything ready , just in case, and pay attorney for the waiver IF she gets Refusal Letter at interview…but you can DYI the prep, just in case..so don’t loose time IF..
 

It’s basically all your financial records ( paystubs, taxes, all living expenses, letters of support from family/ friends/ church , any and all medical records plus find a Therapist experienced with providing treatment and evaluation report for immigration and start sessions). 

[Boiler 43,433]

I 601 is possible but no way of knowing in advance, probably low chance it would be imposed 

[Marthaeu 39]

On 6/4/2022 at 1:46 AM, Timona said:

If a ban is up, no waiver required 

does not always apply.

[Timona 3,941]

6 minutes ago, Marthaeu said:

does not always apply.

Explain 

[Marthaeu 39]

48 minutes ago, Timona said:

Explain 

It depends on the offenses committed.  In many cases, they spend 5 or 10 years outside the USA and the consul in the interview considers that they are still not eligible for the visa, but they are eligible for a waiver .  For this reason they must wait for what the consul says in the interview.

[Boiler 43,433]

1 hour ago, Marthaeu said:

It depends on the offenses committed.  In many cases, they spend 5 or 10 years outside the USA and the consul in the interview considers that they are still not eligible for the visa, but they are eligible for a waiver .  For this reason they must wait for what the consul says in the interview.

Then a ban still applies 

[Marthaeu 39]

On 8/2/2022 at 5:01 PM, Boiler said:

Then a ban still applies 

Maybe. In the interview they will know.  Each case is different.