I am new to this discussion board but hope it can be helpful to my family situation and/or to my personal struggle. My husband was barred almost 2 years ago for 10 years from the US. We are fighting now to find some options to bring him back. Humanitarian waiver is one but not sure if we should start that route. It seems that there should be other options but I have found none. Can anyone help or give advice?
I found a similar question on another website. Hopefully, it will give you some help. You should look into the Hardship Waiver. There are numerous examples located at http://immigrate2us.net/. Good luck to you.
Q. I met my current wife in the United States. We were friends, started dating, and fell in love. While she was here in 2003, her visitor visa expired for more than one year. In 2005, she returned to her country. I married her 2 months ago. I love her very, very much I cannot wait to have her again by my side. Will she have any problem getting a K-3 visa? Is she subject to the ten year bar even though I am a United States citizen?
-- Travis
A. Unfortunately, it appears that your wife will be subject to the ten year bar because she accrued more than one year of unlawful presence when she overstayed her authorized period of stay. Generally, being a United States citizen does not forgive your wife's overstay of her visa.
According to Immigration and Nationality Act (“INA”) section 212(a)(9)(B)(i) “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.”
According to INA section 212(a)(9)(B)(ii), a person accrues unlawful presence when the alien is present in the United States and his or her period of authorized stay has expired.
It appears that your wife will be subject to the 10 year bar. This means she cannot be inspected and admitted into the United States (by air, sea, automobile, or any other means) for ten years.
There are a limited number of exceptions and a waiver under INA section 212(a)(9)(B) that may be available to you and your wife. Using the facts provided, for the waiver to succeed, you must prove that as a United States citizen, you would suffer extreme hardship if your spouse were refused admission to the United States.
If you succeed with the extreme hardship waiver, you could then proceed with all of the necessary steps for obtaining a K-3 nonimmigrant visa for your spouse.
Proving extreme hardship in this type of case can be very difficult because it is a very high standard of proof that must be met. You should consult with an experienced immigration attorney to evaluate your documents and to see if you fall under one of the limited exceptions and/or if you should file the hardship waiver.
Evan Shane and Michael Shane, Attorneys at Law
Law Offices of Michael Shane, P.A.
9100 South Dadeland Blvd, PH-2, Suite 1810
Miami, Florida 33156
Do not go where the path may lead, go instead where there is no path and leave a trail. (Ralph Waldo Emerson)
aneri, my husband was barred due to 1 yr or more presence in the US undocumented with multiple entries. I believe it was 212(a)(9)(c)(ii). We were not given the option to file the waiver at his interview (I assume this was the I-601). We are now weighing the possibilities of being able to get a Humanitarian Waiver but not sure. I don't want to stop fighting for him and 10 years is a long time. I know it's a hard case, from what I'm told. Anything you can suggest?
Originally posted by Family#1: Thank you for all of the information ProudUSC.
aneri, my husband was barred due to 1 yr or more presence in the US undocumented with multiple entries. I believe it was 212(a)(9)(c)(ii). We were not given the option to file the waiver at his interview (I assume this was the I-601). We are now weighing the possibilities of being able to get a Humanitarian Waiver but not sure. I don't want to stop fighting for him and 10 years is a long time. I know it's a hard case, from what I'm told. Anything you can suggest?
You need to seek advice of experienced attorney in deportation matters.
Multiple entries = felonies.
I have to tell you it doesnt look good. How many multiple entries were there?
The entries were at age 16, and then 2 on consecutive days at 19. The 16 and ninteen entries I put on our I-130, only immigration record before that was the entry attempt at 19, and then the entry proven by our marriage. So total that makes 3. He left the US for his interview in Juarez and has remained in Mexico since that time. Since May 2006.
The last entry before we were married was 6 years prior. I am not sure what the specific reasoning was for the bar was, as I was not permitted to accompany him in his interview in Juarez. I can only assume that the bar is for those entries and the presence between ages 16 and 19 that he remained in the US undocumented.
I should stress that it is that, as you stated, I "FEEL" that there should be other options for us, not necessarily that there are. I am hoping and praying that I can find something. I love my husband and he is a good man. I have to keep up hope! Please be honest in your opinion on our options though.
WHile he was under the age of 19, he was not accumulating illegal presence. This is too bad and the entry at 16 may not have had to be listed. How did he get out of the country to comeback? Was he picked up at age 19?
If he had left the country before he turned nineteen., then reentered undocumented after 19, then it would have been a one time offense and a waiver could have been used. the time he spent here as a minor would not have been significant as he had no illegal presence.
But it appears that he got caught at entering back to back as adult. 2x = felony and then a third time not knowing when, but proof being becuase of where you got married (usa) So actually he entered 4 times in total, but only three showing illegal presence.
I feel for you because it doenst sound like an attorney was consulted in regards to when you first filed the paperwork. I understand that your husband is a good person. he just made some bad choices , and now will probably have to pay the price sadly. the decisions he made were out of his youthful thinking.
If you are not sucessful at winning your case, would you consider moving to mexico with him. Or perhaps he could look into trying to get a greencard in Canada, where you could be together to wait out the bar.
As i said. Seek a good attorney that is just not going to take your money and deliver nothing.
Originally posted by Family#1: I am new to this discussion board but hope it can be helpful to my family situation and/or to my personal struggle. My husband was barred almost 2 years ago for 10 years from the US. We are fighting now to find some options to bring him back. Humanitarian waiver is one but not sure if we should start that route. It seems that there should be other options but I have found none. Can anyone help or give advice?
Posts: 2174 | Location: USA | Registered: 07-25-2003
this irresponsible slimeball cannot even file a waiver for 10 years from the date of his last adios....this clown obviously believes that US laws don't apply to him...well, let's show him by keeping his sorry behind out of my country for at least another 8 years...who needs him? And if the weeping whining desperate cow that married him wants to see him so bad, go to his country...there is no reward for these kind of dirtbags.....none. Humanitarian my behind....there is no chance he would respect that privilege either, so why even consider giving it to someone who has absolutely zero respect for the rules and laws of this country....oh boo hoo boo hoo....go visit the manatees at immigrate2us.net....they'll lend you some kleenex and wring their hands and coo over those "unfair laws" that are 'keeping families apart'--what they fail to realize, mostly because their combined IQ doesn't even approach triple digits, is that is the irresponsible actions of their dirtbag illegal husbands that are causing the separation because their illegal lowlife husbands "forgot" to obey those 'unfair' laws in the first place....
and here's a reminder as to what happens to irresponsible douchebags (like your 'husband')..
Feds charge 2 Mexican men with illegally re-entering U.S.
By Joe Pinchot Herald Staff Writer
MERCER COUNTY "” U.S. officials filed complaints Wednesday against two men who were arrested in Mercer County for immigration violations.
Santiago Fortozo-Melendez and Gustavo Miranda-Cabrera, both of Mexico, were encountered on different days by state police. They were charged with re-entry of a deported alien.
Fortozo-Melendez, 32, was driving a van stopped at 11:17 a.m. Feb. 3 for changing lanes without using a turn signal on Interstate 80 westbound in Findley Township, U.S. Immigration and Customs Enforcement said.
Fortozo-Melendez, who has three aliases, admitted not being in the country legally, which police confirmed later, Immigration said. He had been deported from the U.S. to Mexico June 5, 2006, at Douglas, Ariz., Immigration said.
In a statement to Immigration, Fortozo-Melendez said he entered the U.S. March 15 near Nogales, Ariz., to take care of his daughter, who lives in Chicago with her godmother, Immigration said. He had been working in Chicago as a landscaper, and borrowed a friend's van to visit family in New York when he was arrested.
Miranda-Cabrera was identified as the driver of a sport-utility vehicle found Tuesday on the side of Interstate 80 at an undisclosed location in Mercer County, Immigration said.
The van had a flat and no spare, Immigration said. Three others also were in the van, and nobody had immigration documents or passports, Immigration said.
Miranda-Cabrera had been ordered deported June 2, 2007, although details of the action were not disclosed in the Immigration complaint, and he returned to the U.S. without permission seven or eight months go, Immigration said.
Miranda-Cabrera was cited by state police for driving without a license and paid a fine, Immigration said.
Both men face detention hearings Monday.
(and I hope the biggest boot up their behind lofting them out of my country!)
I am not going to address the comments made after this last questions, as I do have enough of an IQ not to let closed minded people who do not care about me or my family, ruin my day.
I am just looking for support. I hope to find an answer, but if not, I will deal with the decision that has been made. My husband and I currently live in a border city and I commute back and forth to the US. It is by no means easy, but we are making it. I am sorry to hear some of these other situations out here on the discussion board, but it lets me know that we are not alone in this struggle.
anyone dumb enough to marry some illegal alien who has EWI'd to the US is nothing but a lowlife trailer dweller....anyone with an ounce of common sense would know better..."he's a good man'...i.e. he's the first (and only) man who has given you more than 20 seconds of company....how desperate you must be...."good men" don't ignore the laws of the United States of America......he's a slimebal l...and is barred from even filing a waiver for ten years....(eight now, I guesss)..there are enough people waiting to immigrate LEGALLY to the US of A and are responsible enough to obey and respect our laws...they get to be first in line, not your douchebag cleaning 'husband'...the 'good man'....hope you know how to play dominoes and drink cervezas...
Originally posted by Family#1: I am a US citizen, born and raised.
I am not going to address the comments made after this last questions, as I do have enough of an IQ not to let closed minded people who do not care about me or my family, ruin my day.
I am just looking for support. I hope to find an answer, but if not, I will deal with the decision that has been made. My husband and I currently live in a border city and I commute back and forth to the US. It is by no means easy, but we are making it. I am sorry to hear some of these other situations out here on the discussion board, but it lets me know that we are not alone in this struggle.
This organization cannot solve your Legal Problems per se, however they have members who are in similar situation, and that emotional support can be invaluable during this difficult time.
The organization actually lobbies legislators and has had some recent sucess in the Name Check problems and is active on other issues.
Its worthwhile contacting them you will be able to contact real live people who are going through the same thing.
Mr Dirtbag chose to ignore our laws and now he is paying the price...too bad. That's why we have laws, to protect American citizens against lowlife invaders like your douchebag-cleaning husband....the law is clear and I cannot imagine the Dept of Homeland Security contemplating giving this irresponsible dirtbag another opportunity to thumb his beer-stained nose at our laws...
Originally posted by swissnut: Are you a US citizen?
quote:
Originally posted by Family#1: We are fighting now to find some options to bring him back. Humanitarian waiver is one but not sure if we should start that route. It seems that there should be other options but I have found none. Can anyone help or give advice?
??? Just curious, I have seen "Humanitarian Waiver mentioned several times in this thread. What are you referring to?
WHile he was under the age of 19, he was not accumulating illegal presence. This is too bad and the entry at 16 may not have had to be listed. How did he get out of the country to comeback? Was he picked up at age 19?
If he had left the country before he turned nineteen., then reentered undocumented after 19, then it would have been a one time offense and a waiver could have been used. the time he spent here as a minor would not have been significant as he had no illegal presence.
But it appears that he got caught at entering back to back as adult. 2x = felony and then a third time not knowing when, but proof being becuase of where you got married (usa) So actually he entered 4 times in total, but only three showing illegal presence.
I feel for you because it doenst sound like an attorney was consulted in regards to when you first filed the paperwork. I understand that your husband is a good person. he just made some bad choices , and now will probably have to pay the price sadly. the decisions he made were out of his youthful thinking.
If you are not sucessful at winning your case, would you consider moving to mexico with him. Or perhaps he could look into trying to get a greencard in Canada, where you could be together to wait out the bar.
As i said. Seek a good attorney that is just not going to take your money and deliver nothing.
Illegal presence under the age of 18 DOES count when you have 2 illegal entries and the first one was for more than a year. My husband had his visa appointment Feb 25 and will not be able to file a waiver for 10 years because of this. He had first came here when he was 13, left 5 months after he turned 18, and then came back again a few months later. I had called Mr. Burciaga, chief of immigrant visas, because I believed the decision to be an error, but he confirmed it.
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