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  • Immigration Law Question: Feedback on my situation...

    Hello, I was wondering if anyone could help in terms of immigration law regarding my situation with my spouse. I'll try and be brief. We are currently talking to an attorney, but I wanted some outside input.

    -We married last year in NY.
    -He was originally here on a tourist Visa in 2003.
    -His visa got stolen in 2003 when he left it in a gym locker.
    -The 6 month visa expired in August 2003.
    -He reapplied saying it was lost through the Mexican consulate by going back home in April 2004.
    -Mexican consulate said it was approved and would take a month to mail out.
    -He crossed the border to the US to wait for the visa there (I assume this is EWI)
    -Visa never came, he crossed back again to ask why at the consulate. They denied it and gave no reason why.
    -He attempted to cross back over and got caught, fingerprinted and photographed. Was released and went back home to Mexico.
    -A few days later he crossed again and EWI.
    -Fast forward to today and he has been living in the US for 9 years.

    I originally thought there was possibility at the 10 year mark to try for cancellation of removal, but I think because of the multiple EWI (of which only 1 was caught) he would be ineligible. Would he also be ineligible for the waiver? Currently looking at our choices with moving to Canada the only one that is becoming apparent due to his mistakes to try and fix his visa. Thanks.

  • #2
    Hello, I was wondering if anyone could help in terms of immigration law regarding my situation with my spouse. I'll try and be brief. We are currently talking to an attorney, but I wanted some outside input.

    -We married last year in NY.
    -He was originally here on a tourist Visa in 2003.
    -His visa got stolen in 2003 when he left it in a gym locker.
    -The 6 month visa expired in August 2003.
    -He reapplied saying it was lost through the Mexican consulate by going back home in April 2004.
    -Mexican consulate said it was approved and would take a month to mail out.
    -He crossed the border to the US to wait for the visa there (I assume this is EWI)
    -Visa never came, he crossed back again to ask why at the consulate. They denied it and gave no reason why.
    -He attempted to cross back over and got caught, fingerprinted and photographed. Was released and went back home to Mexico.
    -A few days later he crossed again and EWI.
    -Fast forward to today and he has been living in the US for 9 years.

    I originally thought there was possibility at the 10 year mark to try for cancellation of removal, but I think because of the multiple EWI (of which only 1 was caught) he would be ineligible. Would he also be ineligible for the waiver? Currently looking at our choices with moving to Canada the only one that is becoming apparent due to his mistakes to try and fix his visa. Thanks.

    Comment


    • #3
      There is no waiver for the EWI and the cancellation based on ten years must include extreme hardship for an USC spouse or child. No chance. He has to go back and apply for a 601 waiver.

      Comment


      • #4
        The denial was likely due to the overstay on the 6 month tourist visa. When he left, he incurred an entry bar. It's possible he would have been denied even if he'd returned in time as they tend to frown on people using those visas for immigrant intent (ie, spending more time in the US than out).

        He actually shot himself in the foot a little. If he'd remained in the US, he would be eligible for an adjustment of status. Even with a lost passport, he could have applied for a copy of his I-94 to prove he entered legally.

        As it stands now, he will have to return to Mexico to go through Consular Processing. There is absolutely no way for anyone to adjust status from EWI. The 10 year bar will be re-triggered when he leaves and you will need to go through the I-601 waiver process.

        A reputable immigration attorney is recommended.
        **************************************
        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

        Comment


        • #5
          Ok thanks for you responses. That's what I assumed, the 601 waiver.

          Would there be any chance though that he has a lifetime ban rather than the 10 year since he was caught and fingerprinted one of the 3 times coming back and given a letter saying he has to stay out for 5 years. Obviously he ignored that.

          Or also would the other two times he made it through be considered as falsely claiming he was a US citizen even though they let him through? Or was that not documented since they obviously let him through.

          Comment


          • #6
            If he simply entered EWI once he would have a high chance of getting waiver approval at Ciudad Juarez, Mexico (close to 80% of EWI waivers get approved in Mexico vs roughly 20% anywhere else ).

            But he seems to be a repeated offender (something that triggers 20 or 30 year bar
            which I don't think can be realistically waved as it is considered a felony under current CFR).

            He also seems to have received a benefit (admitted to US) by claiming to be a USC , a benefit which he would not have received
            otherwise (if he was LPR and claimed to be USC that wouldn't apply), this triggers a lifetime ban with no waiver heard of.

            Do not come to public boards to get a legal advise involving such difficult questions.
            Many here are immigrant bashing, Church going, vicious and self-contradicting "Halleluiah, Jesus!" singing dimwits who know nothing about law and get a kick out of venting their frustration with immigrants of all sorts.

            Try Charles Shusterman at www.shusterman.com he seems to have huge experience in handling the most complex cases and may give
            a realistic assessment of your individual case.

            Comment


            • #7
              Zak, when you say EWI, what do you mean? EWI is when somebody completely bypasses an immigration checkpoint, but your reply seems to indicate that wasn't the case and that he made false representations to US Citizenship at the border. If that's what happened, it is very serious. You definitely need to consult a reputable immigration attorney.
              **************************************
              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

              Comment


              • #8
                Jeesus freaks are clueless of INA (they say "serious" when in fact referring to what triggers a lifetime ban, meaning they think it's just "serious" rather than insurmountable impasse).

                Contact Carl Shusterman for legal consultation.

                Comment


                • #9
                  What's not serious about permanent inadmissability? Can't get more serious than that.

                  Did I mention I'm glad you're back, OldE?
                  **************************************
                  The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                  Comment


                  • #10
                    No, I can't be called who you are,Aroha. One thing I am not is the racist , that's why I have little tolerance for your ilk.

                    Go back to your full of ill-educated and venomously predisposed "Halleluiah, Jesus!" singing folk and leave immigrants to get justice from courts and be advised by qualified immigration attorneys.

                    Comment

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