wonderfully_made

1 hour ago, Going through said:

Tax laws and Immigration laws are separate entities...they just intersect at times.

Going forward in any immigration benefits he may receive in the future, it's good that he has a record of paying US taxes on his income, even with no legal status. 

Yes, I understand. I still feel the double standards are numerous when it comes to undocumented people and immigration law in general.  

Yes, I do believe him paying taxes is the "right" thing to do and should help with any type of possible options for the future. 

Just now, Jawaree said:

OP he cannot adjust here, he has to leave which will trigger the bar

speak to an attorney or the advocasy folks as this case has complex

situations. At this time think about border living ,he stays and pray for

the next 3.5 yrs to go by quickly, or for reform & IF there is any

would mot benefit someone who have entered withoit inspection

so many times.

You can file I 130 and in the meantime after approval you keep it refreshed

by contacting NVC annually to keep it live  (10 yrs)

Thank you!  Yes, we have reached out to several attorneys and waiting to hear back from some.   

You are the second person to suggest border living.  I'm curious does that just mean live along the border of Mexico and US? What would be the purpose of that or benefit rather than living further into Mexico?  Yes, I think we may proceed with the I130 just in case.  Thank you again! 

3 minutes ago, geowrian said:

They do make them leave if they are caught by the department that deals with immigration.

 

Self-employed means you are the employer. While the requirements to verify that employees are authorized to work vary based on multiple circumstances, the requirement to only employ those who are permitted to work exists everywhere.

Yes, I understand immigration does; however, I'm just pointing out some of the many double standards of the immigration laws.  If undocumented people are arrested, they are not always deported. I just wish it was more black and white.  If they aren't allowed, then why allow them to be here and not always deport if it is "illegal" and why give them access to pay taxes if they shouldn't be working? These are really rhetorical; I just think there are so many double standards.  

Yes; however, since he is self-employed and pays taxes, there is no additional requirement for us is what I mean.  When I said no employer, I meant no other company. I should have been more specific; I was just given access to reply to everyone (apparently I exceeded my 24 hour limit yesterday since I'm a newbie) and was trying to rush through and get caught up!  

Thank you again! 

1 hour ago, caliliving said:

Did you try calling Liz's cannon? You should she is the best and go to immigrate2us.net more info there on waivers! Good luck 

Thank you! Yes, I did reach out to her. Not great news, but it was nice to have someone respond so quickly!  I will definitely check out immigrate2us.net for more info.  

3 hours ago, Andrea&Henry said:

You are right,

 

In order for him to adjust status he must had entered the US legally...the overstaying part is not as critical (I have a friend of mine who successfully adjust to permanent resident through marriage after living illegally in the States for 11 years...the thing is that she entered legally through a tourist visa)

 

 

Thank you.  Yes from what we understand he can't AOS since he doesn't have a legal entry.  Congrats to your friend!

4 hours ago, NigeriaorBust said:

  The person posting is a USC  asking what the possible immigration paths are for their spouse.  Nothing against the TOS for asking and advising on  how to get on the right path no matter how sideways they are at the moment.   Against the TOS would be advising places to cross the border or to tell them to lie or continue on the wrong path .   VJ regularly helps people that overstay visa or "happen" to get married on a visitors visa.  If you think a thread is against the TOS use the report button.    

Thank you.  

4 hours ago, David & Zoila said:

I'll add one more thing and then I am out.  I don't understand why a moderator has not shut down this thread yet.  I mean this guy has been here illegally for over 14 years.  Has entered illegally at least two or more times.   I think the only advice that does not violate the coveted TOS of Visa Journey is to suggest he leave the country immediately.  He does not belong here.  He has no right to be here and each day he remains he is making things worse, for himself as well as for others wishing to come to this country legally.  Where are the moderators when we need them?

Thank you for your opinion.  While I disagree, I appreciate you taking the time to reply since it was important to you to share that.  I disagree that each day he remains he is making things worse; there is actually nothing that supports that statement, but everyone can have his opinion.  

I came here to get advice from people who have more knowledge on this than I do, not to violate any rules or have anyone encourage us to do something illegal.  Rather we are trying to find out the best option for our family.  I'm not sure why one would be so hateful to someone trying to learn the best way and right way to handle a situation that directly impacts their family. 

5 hours ago, RamStu said:

Your husband does not qualify for the I-601A waiver as it is only applicable for INA 212(a)(9)(B); immigrant who enters the US uninspected one time only. He currently falls under 9C and would have to apply for a I-601 Waiver. I strongly recommend on hiring a very knowledgeable and dedicated lawyer for your husbands case as I have an uncle who also had multiple entries into the US and two months ago he received his US residency. Please see the link below for more information regarding waivers, inadmissible, etc.

 

https://immigrate2us.net/forum/showthread.php?93541-Entering-Without-Inspection-(EWI)-Bans-(including-6B)-Tattoos-and-more

Thanks so much for the reply.  It is refreshing to hear someone with a more similar situation has been successful.  Congrats to your uncle!  I would love to know the attorney that helped him if you don't mind sharing, even in a private message if possible.  Thanks again; I'll check out the link! 

5 hours ago, Umka36 said:

OP mentioned that her husband has been using his own ITIN not SSN for filing taxes. This is where whomever employed him should be fined and punished, and cannot put all the blame on the illegal immigrant.

Thank you for clarifying.  Also at this time we own a small business, so no employer and also companies with under 10 employees at this time do not have the same requirements as larger companies in our area.

5 hours ago, David & Zoila said:

So is he illegally using someone else's social security number to "pay taxes"?  He has been here illegally for many years.  Is he using fake id's too?  I think your best bet would be to move to Mexico with him and live there forever.

No he is NOT using someone else's SSN to pay taxes. I'm not sure what the "pay taxes" is about, but he has always paid taxes.  Just because someone doesn't have a SSN, doesn't mean they don't or can't pay taxes.  This is inaccurate information that people who are not educated about this situation often believe.  The IRS issues undocumented people ITIN's just so they can file taxes.  Ironic, huh, they aren't allowed to be here and can't get benefits, but the government will be sure to take as much money as possible and doesn't make them leave?  No he isn't using fake ID's either.  

Thanks for your opinion.  

10 hours ago, kris&me said:

Assuming u married in the US, immigrtion will know he was here illegally even if he returns to Mexico

Yes, we aren't trying to hide the fact that he has been here.  Thank you. 

21 hours ago, caliliving said:

Call Lizz Canon she is the BEST! do not leave until you get this sorted out! i am pretty sure he does the i130 from in here and they you need the 601 waiver and she had to do that for you (she has like a 99% success rate) and u would leave and have the meeting in mexico.

 

Google her name and she will give you free advice and she is super reasonable as far as waivers go! also, yes you are correct he has no deportable offences just a voluntary withdraw so that works in your favor.

 

Thank you for the referral.  I did reach out to her, and she advised he is subject to the permanent bar.  

20 hours ago, Hypnos said:

Very much sounds like a 9C permanent bar. 

 

As you know, he can only apply for a waiver after being outside of the US for at least 10 years (and be able to document this). 

 

An I-601/A would be useless in this situation, since it does nothing for a 9C bar. He has literally zero options other than leaving and waiting out the ten years. 

Thank you for the reply! 

21 hours ago, Harmonia said:

You should post in immigrate2us.net, a forum that specializes in waivers.

 

For the I-601A, you apply for the CR-1 (if married less than 2 years) or IR-1 (2+ years of marriage) starting with the I-130. That's approved, and then you do the waiver that only waives the 3/10 year bans for illegal presence. It could theoretically be approved and then the immigrant travels to the interview only to be denied due to another inadmissibility that wasn't caught.

 

The posts about whether he filed taxes, how he was "approached at customs", etc are incorrect. USCIS doesn't arbitrarily apply bans based on whether they think you're a good person or some subjective values. They have to follow the statues. Bars aren't discretionary.

 

The concern is he seems to have a 9C ban, which is a lifetime ban for which there's a waiver after 10 years out of the US.

 

DO NOT have him leave the US to apply for anything until you have definite answers. I would post on immigrate2us.net and do consults with multiple attorneys who specialize in waivers. Not all immigration attorneys do this, which also may be a source of conflicting information. 

Thank you for the reply.  I'll look into immigrate2us.net.  Yes, that's great advice to look for attorneys who specialize in waivers.  Thanks!  

22 hours ago, Boiler said:

My first thought was 9C lifetime bar.

 

Have you considered Border living or moving to Mexico?

Thank you for replying. I haven't ever considered border living, but I have considered moving to Mexico. It is an a possibility if nothing else is an option.  

2 minutes ago, ConOfficer said:

No you have it wrong. The ten year bar is for unlawful presence, and there is a waiver for this.

 

The 212(9)(c) ineligibility is a "lifetime bar." But a waiver is available after ten years. 

 

He has two ineligibilities. One for unlawful presence and the other for unlawful crossing after prior unlawful presence. The 2nd is the more serious issue.

No, I think we are saying the same thing. He can apply for the 601A waiver for the 10 year bar.  

The 9c or lifetime bar only allows him to apply for a waiver after 10 years outside the US.  

So I think based on your response, you believe he is subject to the lifetime bar.  I think I understand.  Thank you! 

4 minutes ago, Going through said:

It's not going to be easy on either of you, but that doesn't mean it will be impossible for him to eventually gain legal status in the US either.

I can't tell you what to do or what decision to make...but personally, if it were me I would apply for the I-601A waiver and the CR-1 visa while he remains in the US (if you can prove that YOU as the USC would face extreme hardship should he have to return to Mexico before approval---they won't care about any hardships he would face being sent back).   IF approved, he would be allowed to remain in the US until a few days before going back to Mexico for the medical/interview. 

Thank you!  If I may ask one more question.  The 601A waiver only covers the 3 and 10 year waivers, so I'm assuming you are saying apply for the 601A and assume he is subject to the 10 year bar for that purpose.  Are you familiar with the responses on this?  If the 601A is denied, do they provide a reason? If denied, I assume we can't then apply for the CR-1.  If approved and we apply for the CR-1, can they then deny at the interview in Mexico?  

5 minutes ago, ConOfficer said:

He's definitely subject to the ten year bar of INA 212(a)(9)(c) in that he was unlawfully present for more than a year prior to unlawfully entering the U.S. He can apply for a waiver after ten years outside the U.S.

Thank you!

If he has to apply after outside of the US for 10 years, that would be the permanent bar.  

I know he is subject to the 10 year without a doubt, but you can apply for the 601A in the US if he is only subject to the 10 year bar.

We are trying to determine if subject to lifetime or 10 year.  

9 minutes ago, Going through said:

Hopefully he never claimed legal status on the IRS forms....not trying to scare you, just thinking of all the stuff USCIS takes into consideration in cases like his.

No, he uses his ITIN to file his taxes.  Before we were married, simply single but with the ITIN and now that we are married, we file jointly, and he uses the ITIN. I know we don't claim any legal status because we lose certain tax credits just because of his status regardless of how much he has paid in.  

No, I appreciate all of the advice and guidance.  We are a bit overwhelmed and want to know all that we can.  It's a big decision. 

Just now, Going through said:

There's more than one option to him (and you) which is why the answers may have seemed "all over the place".

Is he working in the US illegally as well since 2003?  Has he paid taxes in the US?  That will be a factor as well to consider when applying for immigration benefits...

Well, I wish we knew the best option! Yes, he has worked since he has been here and paid taxes each year.   

2 minutes ago, Going through said:

Immigrants Who Have Illegally Crossed the U.S. Border More Than Once

You should definitely see an attorney about your hope to immigrate based on marriage to a U.S. citizen if you have entered the U.S. without inspection two or more times and

• your total amount of unlawful time in the U.S. totals one year or more; or

• you were removed (deported) from the U.S. and then came back illegally.

Such would-be immigrants may be permanently "inadmissible" to the United States. It doesn't matter that they are married to a U.S. citizen. The only thing they can do is to wait ten years since they last left the U.S. and then hope the government will allow them to apply to come back. 

 

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter11-7.html

Thank you!  Yes, we have actually contacted several attorneys and to be honest, each one has given us different answers, so I was looking for more opinions before we make major life decisions.  Some attorneys have said must wait outside 10 years; some have said we can apply for the waiver here and have a chance; some said that we apply for 601a here, get denied then go to Mexico for one year and apply for 601 there, so it seems the answers are all over...which is why we haven't made an actual decision yet.  Thank you for your help! 

10 minutes ago, Going through said:

So in total he's crossed the border illegally 3 times, correct?

 

You have to remember that, as you say, he has been living in the US illegally since 2003.  He has now lived in the US illegally for 14 years.   Yes, he would get at least a 10 year bar for the overstay----if they choose, they can order a permanent bar given his frequent illegal crossings before...since he showed a complete disregard for US law by crossing illegally again a week after the first time he was caught, and then only 6 months after the second time he was caught.

 

What year did you marry him?  Why haven't you filed for an AOS since your marriage?

 

So in your opinion, he would definitely be subject to the 10 year bar and possibly permanent and we wouldn't know until we applied for the 601A for the 10 year, right?  Then, if we apply for the 601A for the 10 year bar and they deny, do they say then he is subject to permanent or would they typically approve and then at the visa visit in Mexico tell him he is subject to the permanent bar?   I guess I'm trying to figure out how we find out if they say 10 year only or permanent?  I guess it's kind of just a grey area that is up to the person reviewing the application?

4 minutes ago, Frage said:

If he wasn't inspected he doesn't qualify for AOS. Someone correct me if I'm wrong. It would probably best for him to leave and file IR1 for him. 

To file the IR1, isn't the first step to file the i130?  Do you think it's best to do this from outside the US, rather than in the US, is that what you are suggesting?  Just want to be sure I understand. Thanks! 

Okay, I just looked up, AOS, adjustment of status.  We have considered filing an i130 several times; however, the waiver question (which I believe is the next step) always stops us.  Is there a benefit to applying the i130 if we can't then proceed with the process. I thought the i130 basically only says he isn't a criminal and the marriage is valid and gives us permission to proceed.  What am I missing?

He has crossed a total of 4 times and was caught twice.  He crossed twice in 1999, one of those time he was caught and voluntary returned.  Same in 2003. 

We were married in 2011.  I'm sorry; what is an AOS?

I'm trying to find out if my husband has any options to apply for any waiver or if he must wait outside the US for 10 years before applying.  He is a Mexican citizen.  He first attempted to cross illegally to the US in 1999; he was 15 years old. He was caught and fingerprinted, but sent back within a few hours as a voluntary departure or return.  He waited a few weeks and crossed again without being caught.  He was in the US from 1999 (15 years old) to 2003 (19 years old).  In 2003, he went home for 6 months. At this time, he was 19 years old.  After staying in Mexico for the 6 months, he attempted to cross again and was caught again.  Basically the same deal as last time, he was caught and fingerprinted; they were going to set him to go before a judge, but the NTA was cancelled due to overcrowding, so he was sent back as voluntary departure again.  A couple of months later he crossed and was not caught and has been in the US since 2003.  

My question is complex because I've read that voluntary departures don't count as illegal entries, rather attempts, is this accurate? I've read two sides to this, so I'm not sure.  Then, I've also read that any time accrued, while a minor doesn't count.  So if the following statements are true, does that mean the only time that counts is when he crossed illegally at 19 years old in 2003 and wasn't caught, so he has accrued over a year of unlawful presence, which I believe automatically makes him subject to the 10 year bar, but I'm not sure if the voluntary departures make him subject to the permanent bar and he must leave the US for 10 years before applying for anything.  If what I read was incorrect and the voluntary returns do count as illegal entries, is this true while a minor as well, or only the time he was 19 and caught and then 19 and returned to now?  If only when he was 19, do these two make him subject to which bar?  

Sorry if I'm not explaining this well. At the end of the day, we just want to know if he has any options given his history.