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10 year bar + fiance visa

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  • 10 year bar + fiance visa

    In april my fiance was denied his H2B work visa from Costa Rica cause they had his prints from crossing illegally thru mexico in 2000. The consulate put the 10 year bar on him and possible perminate bar for lying on his visa applications!!!! i hired a lawyer to go through with a fiance visa....but is there even a chance?? my lawyer says if it is denied we can appeal....but I want to know if anyone has ANY advice for what i should be doing?????

  • #2
    In april my fiance was denied his H2B work visa from Costa Rica cause they had his prints from crossing illegally thru mexico in 2000. The consulate put the 10 year bar on him and possible perminate bar for lying on his visa applications!!!! i hired a lawyer to go through with a fiance visa....but is there even a chance?? my lawyer says if it is denied we can appeal....but I want to know if anyone has ANY advice for what i should be doing?????

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    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by alyssa:
      In april my fiance was denied his H2B work visa from Costa Rica cause they had his prints from crossing illegally thru mexico in 2000. The consulate put the 10 year bar on him and possible perminate bar for lying on his visa applications!!!! i hired a lawyer to go through with a fiance visa....but is there even a chance?? my lawyer says if it is denied we can appeal....but I want to know if anyone has ANY advice for what i should be doing????? </div></BLOCKQUOTE>
      Needs to file a waiver at the Embassy in costa Rica and have a good lawyer to help him.
      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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      • #4
        Sounds like you have found yourself a winner there !!! What should you be doing? Attend some self esteem classes perhaps and find someone who is not a convicted felon and con artist?

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by alyssa:
          The consulate put the 10 year bar on him and possible perminate bar for lying on his visa applications!!!! i hired a lawyer to go through with a fiance visa....but is there even a chance?? </div></BLOCKQUOTE>
          You need to know exactly what he was charged with and whether he got permanent bar or not. Has he received any paper work about denial? Any numbers indicated the paragraphs of law under which he was denied?

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          • #6
            My friend in similar situation, he was refused admission into the United States due to his prior overstay on b-1b-2 visa. What is this numbers means: 212 a (9)(B)(i)(ii).
            At present time he is in Canada as a permanent resident,in 3 years he is getting his Canadian citizenship, does marriage to USC will help him to go back to the USA? Can somebody advise please? Thanks!
            never give up!

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            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Robert777:
              My friend in similar situation, he was refused admission into the United States due to his prior overstay on b-1b-2 visa. What is this numbers means: 212 a (9)(B)(i)(ii).
              At present time he is in Canada as a permanent resident,in 3 years he is getting his Canadian citizenship, does marriage to USC will help him to go back to the USA? Can somebody advise please? Thanks! </div></BLOCKQUOTE>
              "The INA §212(a)(9)(B)(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years."

              There is a waiver available. Alien has to prove that USC spouse will suffer an extrem harship if he/she is not allowed to enter the USA before 10 years are up.

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              • #8
                Does anybody here have used this company services for 212 a (9)(B)(i)(ii)removal?
                http://www.pardonservicescanada.com/border.asp

                The person in Canada as a landed immigrant at this moment in 3 years will be eligible to apply for a Canadian citizenship, but there is ban on 212 a (9)(B)(i)(ii), this person wants to immigrate to the USA eventually, what would you advise to this person?
                Please kindly advise and guide us! Thanks a lot!
                never give up!

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                • #9
                  Bottom Line - a 10 year ban means 10 year ban,even if you could marry the presidents daughter lol...

                  Fiance Visa, not even waiver can remove or reduce the ban.

                  10 year ban is basically untouchable...

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                  • #10
                    Section 212 (a)(9)(B)(i)(ii) is "Construction of Unlawful Presence".

                    It's not one of the "unwaivable" statutes of inadmissibility, but with you being in Canada (not too far from her, not in the baddest country in the world , without any restrictions on her part to visit you at will - she could even move in with you without much sacrifise in her lifestyle) I can't foresee how you will be able to show "an extreme" hardship to your Citizen Spouse that would warrant the approval of the waiver you are seeking.

                    Good luck

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                    • #11
                      The intent of the 3 & 10 year bar provision of the law is to lock immigration violators OUT of the US.

                      But say hello to the 12 (to 20 million) illegal aliens who constitute the nameless underground population of and INSIDE the US today.

                      Just try to ask them why, despite the odds - separation from families, unfair labor conditions, limited rights and freedom, abuse, fear, loneliness, exhaustion, hunger, harassment, shame, anxiety, disease - they stick it out in here, no matter what.

                      The answer is consistent, uniform and unfaltering: that if they get out of the US, they can't come back again soon, if at all.

                      There's another term for that: 3 & 10 year bar (only turned inside out)!

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                      • #12
                        It sounds to me like the Canadian Landed Immigrant in question is simply country shopping...and taking complete and total advantage of Canada. Needless to say, we neither need nor want this person in America, and are pleased that a ban is in place.

                        Of course, if this person was honorable and had followed America's laws in the first place, he would be allowed to travel freely to this country...and maintained all of his options.

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