Suffering

They refer to DHS as USCIS almost interchageably.

Have you completed your hardship letter and packet??

If not, check out immigrate2us.net. They have a lot of tips and examples there as well as a lot of people experienced with waivers.

Thank you I will check out that site.

Hello everyone, I hope someone can help me.

My husband was in the U.S. illegally from 1999-2006 and was deported. He received a paper from the U.S. Dept of Justice banning him from entering the U.S. for 10 yrs. At the I-130 interview, the officer told me that my husband would need to file a waiver of grounds of inadmissability and to call and make an appointment at the U.s. embassy in Ecuador.

I got everything ready for that, and when I called USCIS again with questions, they told me that you cannot make an appointment for the waiver, you have to wait until the Visa interview and if a waiver is needed they will have him fill one out then.

So, I haven't done anything. Our case is almost complete at the NVC I am just waiting for the packet. Now, I have been reading these forums and it says that people go to the Visa interview, get denied, and then have a second interview, and a long waiting period in between....

I called NVC to ask them about this, and what they told me is that the Waiver is not filed through the embassy it is filed with Immigration. Does this mean the USCIS? Should I have my husband bring the form and packet from me to his Visa interview just in case they can do it that day?

I am very confused about this and I really don't want to waste anymore time than I have to.

Please any responses would be appreciated. Maybe I will call the NVC back, but it doesn't seem like they know anything.

Hi,

What will happen is, your hubby will scheduled an IV interview at the US EMbassy in Ecuador. At the interview he will be denied a visa. When he is denied he will be given a 221g. This paper will explain why he was denied a visa. If he is eligible to file the 601 hardship waiver and 212 he will be told that he can file. The cost for these is $545 each. I do not know how Ecuador works but usually if you have the waivers with you they will allow you to pay for and turn in the waivers. From there the ajudication depends on the specific office or if it has to be sent to another DHS facility to ajuducate. If you have any questions please feel free to ask.

Do you have to apply for both of the waivers? Wow, that is a lot of money.

Yes, the 212 is for the deporation and the 601 is the hardship waiver (the hardships that YOU the US citizen will suffer if hubby is not allowed to come back to the US)

Hello everyone, I hope someone can help me.

My husband was in the U.S. illegally from 1999-2006 and was deported. He received a paper from the U.S. Dept of Justice banning him from entering the U.S. for 10 yrs. At the I-130 interview, the officer told me that my husband would need to file a waiver of grounds of inadmissability and to call and make an appointment at the U.s. embassy in Ecuador.

I got everything ready for that, and when I called USCIS again with questions, they told me that you cannot make an appointment for the waiver, you have to wait until the Visa interview and if a waiver is needed they will have him fill one out then.

So, I haven't done anything. Our case is almost complete at the NVC I am just waiting for the packet. Now, I have been reading these forums and it says that people go to the Visa interview, get denied, and then have a second interview, and a long waiting period in between....

I called NVC to ask them about this, and what they told me is that the Waiver is not filed through the embassy it is filed with Immigration. Does this mean the USCIS? Should I have my husband bring the form and packet from me to his Visa interview just in case they can do it that day?

I am very confused about this and I really don't want to waste anymore time than I have to.

Please any responses would be appreciated. Maybe I will call the NVC back, but it doesn't seem like they know anything.

Hi,

What will happen is, your hubby will scheduled an IV interview at the US EMbassy in Ecuador. At the interview he will be denied a visa. When he is denied he will be given a 221g. This paper will explain why he was denied a visa. If he is eligible to file the 601 hardship waiver and 212 he will be told that he can file. The cost for these is $545 each. I do not know how Ecuador works but usually if you have the waivers with you they will allow you to pay for and turn in the waivers. From there the ajudication depends on the specific office or if it has to be sent to another DHS facility to ajuducate. If you have any questions please feel free to ask.

Hi, I am now officially confused. He has only been deported twice. And he has nor aggravated felony, all of his records were pulled alomg with a FOIA request and there are no felonies at all! He was apprehended as a minor and when he turned 18 (around that time) is when he was sent the notice for court.

1) EWI 1988 as a minor. Apprehended (why?) yet allowed to leave the INS facility after 10 days and allowed to stay in the country? My assumption is he was officially deported and that's why he had a court date.

2) In 1994 (after 6 years of illegal presence) he was deported. That means he had a 10 year ban. (see below). Since there was mention of a 20 years ban, this was a SECOND deportation order (or had an aggravated felony conviction) (see below)

3) He re-entered illegaly a third time after he accumulated more than 365 days of illegal presence and after he was deported. This is a lifetime ban with a possiblity of a waiver in 10 years. (see below)

3) A person who had been ordered removed from the U.S., was never eligible to apply for adjustment of status under 245i.They took your money and began to process him, gave him a SSN and EAD and when they figured that out, they deported him again. A lot of lucky people were not detained or deported at their AOS interview -- possibly because they hadn't yet run all the background checks.

Bottom line, he has a lifetime ban. You wouldn't even have the opportunity to file a waiver for 10 years since the date he departed, and even then, with 3 deporations on his record, it will definitely not be easy, plus you need a 601 for the illegal presence. You might want to think about relocating to a third country and wait until the 10 years have passed to even file any paperwork. DEFINITELY consult an attorney who is experienced in deporations and illegal presence waivers going through Honduras. The location can make a lot of difference.

http://www.hooyou.com/245i/whonot.html

What 245i does NOT protect:

If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

In addition, 245(i) does not waive the three year/ ten year bar. Under the current law, an alien who has been out of status in the U.S. for more than 180 days would be barred from reentering the U.S. for at least 3 years; an alien who has been out of status in the U.S. for more than 360 days would be barred from reentering the U.S. for 10 years. Eligible aliens for Section 245(i) are still subject to the three year/ ten year bars.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Aliens Previously Removed or Unlawfully Present in the United States:

(i) Any alien who has been ordered removed under section 235(b(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

Aliens unlawfully present:

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or

(II) has been ordered removed under section 235(b(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.

Hi,

I am SUPER Confused! After reading these posts! Okay here is the situation.....

Husband EWI back in 88, he was a minor. He was apprehended and given some papers to sign. Was sent to a place by INS since he was a minor. He was only allowed to stay there for 10 days. He left. Apparently since this is the place that INS took him to this is the address that he had on file. Of course he didn't change his address after 10 days. He was sent a letter to thar address for a court date. Of course he never got that letter. He was ordered removed in absentia. In 94, he was apprehended and deported back home! He had a 1 year ban. Well he came back a month later again EWI. He has been in the US every since. We applied for relief under 245I (LIFE). He was given a SSN and EAD for 6 years. He was apprehended at the port by ICE looking for someone else!! He was told that he was ineligible for anytype of relief and was deported a second time. (He did not sign anything this time). He was given a 20 year ban! Am I right to say that he is ineligible for a 212 waiver? Why a 20 year ban, never heard of this! Why given benefits for 6 years if not eligible? Why was he not detained at the 485 interview back in 2002 and still given benefits after? All help is greatly appreciated!

Looks like someone made a big mistake in allowing him to adjust in the US under 245i when he had an outstanding deporation order.

Definitely read the waiver forums on www.immigrate2us.net and here for more Honduras information: http://www.tiny.cc/hondurasinfo

Thanks for the help, but when I try to click on the "tiny" url nothing comes up, I get an error message!

Hi, I am asking this question again, PLEASE I need help!!

To make a long story short, I sponsored my husband under the LIFE Act (I-245). My husband received his EAD and SS with no problem. His work permit was renewed for 5 years. Husband was deported back to Honduras in Oct of 2006. He was told that he was not eligible for any type of relief because he had been removed from the US back in 94 (ordered in absentia). When we went to the first lawyer we were very truthful about everything. My husband attended all of his biometric appts and was fingerprinted etc and was getting EAD renewed with NO problem. We currently have a differnt lawyer that basically told us the first lawyer was incorrect. We are filing our 1-212 and I-601 through the embassy in Honduras. The NVC has received all the paperwork that they asked for but are just waiting an interview date. I guess I have 2 questions: 1. What was the purpose of biometrics if they really serve no purpose, I was under the impression that the reason for biometrics is to see your background (Felon, previously been removed, etc.). And 2. Has anyone filed through Honduras with waivers and what was the outcome? Were the people friendly? I am just baffled by this whole experience, there are children involved along with other things that have been submitted in the waiver.

What are the experiences that you faced when at the Embassy in Honduras, especially when filing a 601 & 212? Also what is the general wait time?

Thanks for all of your help!