emt103c

Some consulates are enforcing the rule that if you miss a deportation proceeding (skip your court date as he did) you are not eligible for a waiver for five years. I'm pretty sure what has happened here.

It is definitely NOT just up to the CO at the interview. You can check here to see if he will need a waiver or not. It is a complex publication, so you could also consult with Laurel Scott, who is very experienced in this type of case to see whether he will need a waiver or not.

You are not alone.......

I had to send my wife back to the Philippines last October for the same stuff.

She came over on a K-3. On her first night here, her husband told her he was already married to an American woman and she was to be his SECOND wife. She went to stay with her sister and that is when I met her, she got an annulment from him and we married after that. After the wedding, we submitted the papers to USCIS and went through all the hoops and was finally told they denied the I-485, and she had 30 days to "voluntary depart" American soil.

We started the process again, and are at the NVC stage now, We think her interview will be near the end of the year, and then we will know if she is placed on a ban for "overstay"

From what I can gather, the "overstay" started the day of her annulment, and ended the day USCIS received her I-485. In our case that was exactly 200 days which will put her on a 3 year ban.

rujan

Have you consulted with an attorney about this yet?? Is this what they told you?

Contact Heather Poole:http://www.humanrightsattorney.com/

It is likely that it is too late to claim abuse. Had she applied for relief earlier, she could have had success, however, after a subsequent marriage, WITHOUT applying for a VAWA waiver, it will look like she is just trying any way possible to get PR status. . .doesn't matter that it's not true. . . If anyone can fix it, the attorney listed above can.

It is not possible to adjust from k1 status on the basis of a marriage to a USC who is not the original petitioner. . .but she could have been granted PR on the basis of the first petition, had she applied earlier.

You don't want to email them, you want to call them. It is immediate and you actually get an answer.

202-663-1225

Press "1" and the "0" to speak to the operator.

American Families United website, Laurel Scott's website, and immigrate2us usually talk about each new proposal.

As the law stands, she does not qualify for the I-601, however, recent drafts of immigration legislation have had a qualification for USC sons/daughters to qualify for the 601 for their parents. Keep an eye out for changes. Unless that happens, she will not be eligible for a visa until 2014 assuming that overstay was her only immigration violation.

When was her last exit from the US? Are you the petitioner? The 601 (as the law stands now) only relates to those whose Spouse, fiancee or parents are USC's or PR's.

Since she was given a five year ban, it was probably an expedited removal. They don't usually detain someone for a month unless they are going to do a formal deportation or give VD, but since she was told she had a five year ban, that is what happens with an ER. . .

Did she ever come to the US after that?

ditto. As long as you have your PR card and all, you are fine.

Accidental duplicate post. Sorry

She's right, you definitely need the I-212 waiver, but may need the I-601 too. Why was she deported?

With such short notice you may need a second appt to have time to prepare the waiver, it is not an easy feat. Lots of people hire an attorney to do it for them.

PLEASE do the second consultation before he goes to that interview. Your attorney should have NEVER told him to EWI again. I'm sorry this is happening to you.

I know that you want to be hopeful, but he was deported. Once he was deported, that petition meant nothing. Once you are outside the country the petition is not able to be used.

Had he not been deported, he could have used a 245i petition. But once he was deported, he was eligible to file an I-212 and an I-601 (with same day adjudication in Mexico, by the way. . .there is nothing faster than that. . .) but when he reentered illegally after a deportation, that chance was gone. Please do a second consultation before you have him attend that interview. Consult with Laurel Scott. It will be the best money you've spent so far. He has two reasons that he does not qualify under 9c. The initial overstay with subsequent EWI and deportation with subsequent EWI. . .he will have to be outside the US for 10 years before he's eligible for a waiver. . .unless there is immigration reform.

Okay, your attorney is an idiot and is stringing you along. If your husband entered the first time and overstayed more than a year, which it appears he did, and then was deported, which he was, and then entered again illegally, he is not eligible to file a waiver and never was. The attorney probably knew this, is blaming it on DHS and KNOWS that your spouse WILL BE deported at the interview without even seeing a judge. It is called reinstatement of a deportation order.

The part of the law that says this is INA 212 9c. You can read all about it and others in the same situation at www.immigrate2us.net

I hate Montreal US Consulate.

I'm sorry, they are right. Do not risk your SIL's letter. It will not help.

Contact Laurel Scott for a consultation to discuss the specifics, she's handling a few citizen claims that have been discussed on i2us...I don't think there is any recourse since your wife probably had to claim citizenship to come it.. .but it's worth a try.

yay! Very good news indeed!

Thanks! Long time no see. How are u?

Doing well!

The baby is growing toooooooooo fast!

yay! Very good news indeed!

Actually, Laurel charges by the service. . .so he could do the 129F himself and then get her to do the Hardship waiver package.

Goodness! Really emt? That is excellent news, could you explain more? I am so sorry if I misunderstood my interpretation of the link I posted.

I think you can only appeal to the supervisor at the time of the ban, when you are actually at the PoE (a "can I speak to your manager please?" sort of situation), not after the fact. Once that stamp is in your passport, waiver is the only way.

Not true.

I read an article, which I have had no luck re-locating tonight. . .that stated one particular law firm (I seem to remember Chang and Boos) had had some success with overturning the decisions by appealing to the POE. . .when I searched for the article, all I found were ads for lectures by Chang and Boos on the topic.

In another post I told the OP that this is not a likely successful manner of appealing it, and that the waiver is the way to go. I actually tried appealing to the POE and while they acknowledged that it could be done, they told me I did not have, basically, a chance in Hell.

I think you can only appeal to the supervisor at the time of the ban, when you are actually at the PoE (a "can I speak to your manager please?" sort of situation), not after the fact. Once that stamp is in your passport, waiver is the only way.

Not true.

Jim Webb's office is #######. . .they do nothing, trust me on this one. Try Warner or your House Representative.

Pakistan is very different when it comes to 'post interview problems' they are so expected that Senators and reps will do nearly nothing for you no matter how long it has been or how much leg work you do.

HOWEVER now that they know what the problem is the Senator and an attorney can help. There are a lot of resources on VJ that have to do with Petition revocation and several people who are on the road to getting it fixed. It seems like there might be a big confusion in the case. . .it may be easily solved with a good Senate liaison and attorney. . .check these out.

There are only two ways to get an expedited removal's ban removed.

1. Apply for a waiver (d3, 212, etc. . .)

2. Appeal the decision to the supervisor of the POE. . .

Number one is the one most often used. Number 2 is not usually effective because the supervisor's are required to approve the Expedited Removals before they are issued, and even though it is really only rubber stamping an already made decision, they are unlikely to overturn their own signed decisions.

My POE pretended that it was impossible to do . . .and then when they reviewed it stated that, just like your case, the officer had every right to do the removal based on suspicion alone.

I have done HUNDREDS of hours of research on expedited removals and called every individual possible (done multiple consultations with very good attorneys.) I have read every publication on the topic and have even gotten an approved I-212. It is not something to be taken lightly and the company is probably going to give up through all the red tape.

These removals are not fair, but they are written into the law. . .The officer had every right to revoke the visa based on the overstay, even though it was not a 'bannable' overstay. It is my opinion, and only my opinion, that if congress wanted someone banned for five years for misusing a visa (for only 65 days) they would have made that the law. . .obviously they wanted the ban to start at 180 days overstay, but tons of POE officers use Expedited Removal too liberally. . .and it is probably so in this case.

What she said in the interview was probably meant to let them know that she had a significant other who was American thinking innocently that they would give preference. . .she was not claiming they were going to get married on the wrong visa. She was scared and was trying to gain trust. If you think that the officers are friendly when they interrogate you at the border (those of you who attacked the OP) then you are wrong. I am a US citizen and my fiancee was doing NOTHING WRONG when we attempted to enter the US and BOTH OF US were detained for eight hours and I was treated like a criminal.

It is not something that is done fairly and they are NOT nice about it. Someone who is in this situation is scared, they are not allowed to see a judge and not allowed to call an attorney and usually not allowed to call family. This is the law in our nation of Miranda Rights. . .just because it's a POE the rights are not given, even to a US Citizen.