Tony1975

On 5/16/2020 at 3:38 PM, Diane and Chris said:

This is a very interesting case @Tony1975  Please keep us updated. It must be extremely hard to be separated from your children. We wish you well and hope that things will turn around for you. Good luck!  

On 5/16/2020 at 3:38 PM, Diane and Chris said:

This is a very interesting case @Tony1975  Please keep us updated. It must be extremely hard to be separated from your children. We wish you well and hope that things will turn around for you. Good luck!  

Hi there 

 thank you for being sensitive to my situation . I got some good news on Friday that my i130 was approved . I have spoke to my lawyer that is in charge of my criminal case and told me that they are willing to settle it as withhold of adjudication... so I m clear of criminal case and approves on my i130 .. the lawyer that I was using said when these two steps are done he can file for

i824 , I m akeptical when it comes to him , may be because all I have been going through ...  what about the 10 year ban ?

1 minute ago, Diane and Chris said:

This is a very interesting case @Tony1975  Please keep us updated. It must be extremely hard to be separated from your children. We wish you well and hope that things will turn around for you. Good luck!  

Thank you .. I will 

13 minutes ago, geowrian said:

I can't say it has never actually happened...but it would be in error for them to do so. As noted, you must be admissible to be issued the visa, and an active ban would make you inadmissible until it either expires or is waived.

Thank you so much for your time! I will keep you updated

19 minutes ago, SusieQQQ said:

You have to be admissible to be granted a visa. A ban makes you inadmissible and so you need a waiver for that.

Ok ..gotcha ! Thank you

4 minutes ago, geowrian said:

True. Although this is the case of nearly every spousal visa case, so it should be something above and beyond what other married couples go through with immigration.

 

=====

Just a note re: the waiver

They will need to demonstrate why the petitioner would have an extreme hardship to move to them instead (either in inability to immigrate to Canada instead, or reason why doing so is impractical).

 

No waiver is needed with the I-130 or at NVC. The waiver will only come into play after interviewing for the visa and being refused due to the ban.

 

You can expedite the I-130, assuming you meet the expedite criteria.

https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

Have you ever heard in some cases that you get approved for a visa  by the consulate even if you have a deportation ? Do they have the authority to let me in with their issued visa ?

11 minutes ago, Paul & Mary said:

You don't need one until you get the to the NVC or consulate.  Then feel free to DM me.

Ok .. Thank you for your help

2 minutes ago, Paul & Mary said:

Right - you are in Canada.   Your spouse, the petitioner,  can ask to expedite the i-130.   You don't know for sure what waivers are needed until later in the process

Got it ... any good waiver attorneys would you recommend ?

2 minutes ago, Paul & Mary said:

You weren't deported for that.  You were deported for living outside the U S from 2015 until 2018.

 

And that is why you husband can ask for an expedite.  Having two households is not cheap.

Not needed at this point.

Just to clarify , My wife and kids are in Florida.  You mean expediting the waiver or the i130. 

33 minutes ago, databit said:

So did you pay off the sales taxes to clear the criminal case? If not, start there. 

12 minutes ago, geowrian said:

There's a few issues going on here, and there's not enough information to say something concrete.

I'm assuming you were in the US, left, then came back after 3 years but were paroled pending reveiwed by an IJ, and then ultimately deported as a result of that.

If you were deported (and it was the first deportation), you need to wait 5 years or have an I-212 approved. If you were deemed unlawfully present for 1+ year, then that's the 10 year bar needing an I-601.

If you need an I-601 (solo or alongside an I-212) then these would only be filed after being otherwise eligible for the visa (after the interview abroad). Only a solo I-212 can be filed beforehand, which doesn't appear to be the case here.

There may or may not be a waiver needed due to a CIMT...I can't tell either way from what was posted how that will play out. In either case, that would just be the same I-601 still.

ETA for an I-601 right now is roughly a year.

 

What is the extreme hardship to qualify for the waiver (no answer requested...just asking questions for you to think about)?

That + the presentation of it would be the biggest factors on if it will be approved or not. A qualified lawyer experienced with waivers is suggested here. They will be able to best assess the likelihood of getting a waiver approved for your specific circumstances.

Fastest way possible is to interview, get the refusal letter stating a waiver is available, then apply for the waiver.

I was giving  a 10 year deportation.I lived in the U S since 2004 until 2015 May be Travelled out of the country for a month all together in the 11 years of my residency .

my family is struggling by me not being there. Thank you for the feedback , I will definitely 

be hiring a lawyer , any good waiver lawyers you can recommend ?

I was giving  a 10 year deportation.I lived in the U S since 2004 until 2015 May be Travelled out of the country for a month all together in the 11 years of my residency .

my family is struggling by me not being there. Thank you for the feedback , I will definitely 

be hiring a lawyer , any good waiver lawyers you can recommend ?

2 minutes ago, Lucky Cat said:

I don't think this is a DYI case........I would stick with a very good waiver-experienced attorney....

Any recommendation on good one?

I will when I get the final number. Unfortunately is still pending due to covid 19 . My final court is on July 28th.. what do you  think it would be the next step ?

Hi there

  I am a Canadian citizen married for 7 years to a U S citizen and have 2 girls of age 6 and 8. I was a green card holder since 2004 until recently when it was taking away and got deported .

the reason of deportation is abandoning my green card because I was  living outside the U S from 2015 until 2018   . Back in 2015 I was self employed and lost everything and end up owing sales taxes to the state which I still I have this case pending . That s the only criminal case I have which I was told by my criminal lawyer more likely to pay it off and it will dropped to a misdemeanour. FYI I end up in Immigration detention for five months until they changed my court address to BTC ( Broward  Transitional centre ) Florida . The Immigration lawyer that I had  told me that we need to apply for a waiver ( motion to admission) and that should take few months . I honestly lost  believe in him due to my experience  and I m looking for a new one .FYI my family still leaves in Florida and I am in Toronto. Waiting on my I130 To be approved  ,it was received on 8/13/2019. Here  is some of my questions that I appreciate your help with:
 

Would I be allowed to go back ?

How long the processing of my waiver should take ?

If yes , any idea of a fastest way possible ?