DeannaA

DeannaA's husband wasn't denied due to 2 EWIs. He was denied because he re-entered the US without inspection after he had previously been unlawfully present for more then 365 total days.

A person can illegally enter the US every single day and return home every single night and have no negative impact until they have accrued more than 180 days of illegal presence. That's when the 3 year ban kicks in.If the same person accrued more than 365 days of illegal presence, it's a 10 year ban.If after they have accrued more than 365 days of illegal presence and then entered without inspection again, even for one day, a lifetime ban kicks in with a chance for a waiver 10 years after the person has left the US. That's why he was denied.

The time is calculated is based on the information you are required by law to provide on each of the forms -- the Fiance Visa application and the non-immigrant visa application. Each form has a section at the bottom:

I certify that I have read and understood all the questions set forth in this application and the answers I have furnished on this form are true and correct to the best of my knowledge and belief. I understand that any false or misleading statement may result in the permanent refusal of a visa or denial of entry into the United States. I understand that possession of a visa does not automatically entitle the bearer to enter the United States of America upon arrival at a port of entry if he or she is found inadmissible.

The applicant is also under oath at the interview. In addition, if he was ever caught entering ("catch and release") the consulate will know about it and probably have his fingerprints. He could also be asked for proof of the time he said he was in Mexico (light bills, phone bills, paystubs, etc) or proof of his life in the US. And if you don't tell the truth, you have to keep in mind that it's pretty difficult to not leave a paper trail in the US.

You should DEFINITELY have a hardship letter and evidence prepared. There's no question that he will be required to submit a waiver if he was illegally present. But if he re-entered after more than 365 days of illegal presence after 1997 and after he was 18, he will have a lifetime ban and will not be eligible for a waiver for 10 years.

You should also be sure you are 100% clear on the Ciudad Juarez pilot program and the need to make an infopass appointment for the day or so after his interview for waiver submission.

In the end, it's up to you if your choose to lie. But remember if he is caught lying, that just adds to the immigration problems since he will then be charged with misrepresentation, which requires a waiver.

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

C) MISREPRESENTATION

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

B 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.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

C) ALIENS UNLAWFULLY PRESENT AFTER PREVIOUS IMMIGATION 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.

(ii) EXCEPTION.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission

Now what I'm confused about is that we were told that this law didn't come to effect until April of 1998. During that time he would have only had 1 illegal entrance from 2002 and his overstay of 365 days. His first illegal entrance was when he was a minor, which didn't count against him.

Hi this is my first time posting to this site. I have viewed it many time and followed along so I hope I do this right.

Can someone please help me??? My husband and I have been married for almost 5 years and we have a beautiful little girl together. We recently had his visa appt in Juarez and we were denied his visa (we expected this since he was here illegally since 1989 off and on) but we weren't given a chance to sumit a waiver. The officer told him he wasn't eligible. He has no criminal record other than EWI three times since 1989. We were told that his first EWI would not count since he was a minor. The reason why he left the US was because his father was sick and the second time was when his brother was killed otherwise he would've never left.

Does anyone know if we can appeal this decision and how to go about doing this? When we were there at Juarez there were other people that had EWI more times than he had and were given the opportunity to submit a I601 but he wasn't...help!

This whole situation has been very hard...my little one cries everyday for him and we surely weren't expecting a 10 year bar. I even had my waiver put together to submit but had to cancel our infopass appt since he wasn't eligible for it...

Any response is appreciated.

A little over a year later and I have the same question. Are these wait times for Cuidad Jaurez still this long?

They cant be, right? After filing in January 07 and now sending in the 864 and 230 forms in this week we are almost dine right? Please?

Mike

My husband and I filed in July of 2004 and have just recently, May of 07, recieved our apponitment for July 6 2007! We were told in the beginning it would be only a year or less of a wait untill we would recieve an appointment in Juarez. And each time we contacted Juarez for an update as to when we would recieve an appointment they told us 3-5 months. Well I e-mailed them at least twice and they always said 3-5 months like it is the standard response! So be prepared for a bit of a wait! You are not done, but be glad we qualify for the infopass waiver adjudication program and can hopefully get our I-601 packets approved and processed the same day! Versus the poor couples before this program started in april 07 who are still wiating for their approval! My biggest fear was that we would have to wait outside of the counrty for 6 months to a year but now with this new program, hopefully we will not! So count that as one blessing and hang in there! Just remember to get a WELL prepared I-601 and DOCUMENT everything!

My case has taken as long as yours? I've seen people who's case flys and ours is always pending. I am so excited and nervous since our appt in Ciudad Juarez is Aug 10th. Where did you get the infor for the infopass waiver adjudication program?