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is ban automatic? we need i-601?

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  • is ban automatic? we need i-601?

    HI AND THANK YOU...HOW DO I KNOW IF MY BOYFRIENDE IS BANNED? I JUST FILED A I-129F, SHOULD I GO AHEAD AND DO A I-601 OR WAIT FOR THE DENIAL LETTER WHICH WILL PROBABLY COME? HE WAS DEPORTED 4 1/2 YEARS AGO WHLE THERE LEGALLY BECAUSE HE MISSED A HEARING DUE TO LACK OF RECIEVEING THE NOTICE LETTER. HE APPEALED AND LOST, BUT IT DIDNT MENTION A BAN ? SINCERELY, KIMYHENRY

  • #2
    HI AND THANK YOU...HOW DO I KNOW IF MY BOYFRIENDE IS BANNED? I JUST FILED A I-129F, SHOULD I GO AHEAD AND DO A I-601 OR WAIT FOR THE DENIAL LETTER WHICH WILL PROBABLY COME? HE WAS DEPORTED 4 1/2 YEARS AGO WHLE THERE LEGALLY BECAUSE HE MISSED A HEARING DUE TO LACK OF RECIEVEING THE NOTICE LETTER. HE APPEALED AND LOST, BUT IT DIDNT MENTION A BAN ? SINCERELY, KIMYHENRY

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    • #3
      I'm pretty sure you have to be married to him to file a hardship waiver for him. You are a U.S. citizen, aren't you?

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      • #4
        HI...YES IM A US CITIZEN, ITS AL SO CONFUSING, THIS IS MY FIRST TIME DEALING WITH THIS KIND OF THING. WELL WE LEFT THE USA AND ARE LIVING IN HONDURAS WHILE AWAITING NEWS ON THE I-129F...I JUST RENEW MY PASSPORT EVERY 90 DAYS IN NICARAGUA. I THOUGHT IT WAS BETTER TO DO THE I-129F RATHER THAN MARRY HERE AND DO A K-3...WAS I CORRECT? I WISH I KNEW THE PROPER ITEMS AND SEQUENCE TO FOLLOW AS WE CANT AFFORD A LAWYER. ALL HELP IS GREATLT APPRECIATED... ALSO, I SEE PEOPLE TALK ABOUT A LETTER DESCRIBING THE HARDSHIP..IS THIS REQUESTED ON THE I-601? I DIDNT SEE IT IN THE QUESTIONAIRRE...HOW AND WHEN DO YOU SUBMIT THIS LETTER? THANKS SO MUCH...KIMYHENRY

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        • #5
          I-601s do not require that a couple be married.

          More info is available at http://immigrate2us.net/forum/viewforum.php?f=26

          Please try and avoid using all caps in your posts. It is very difficult to read.

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          • #6
            Thanks so much for the info...and i apologize for the caps lock...
            kimyhenry

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            • #7
              The immigrate2us.net forum has an entire community dealing with the I-601. How long has your bf been out of the country? In the past I have been told that being married would help if filing the I-601 was necessary due to the fact that you have to prove that it is a hardship on YOU to be separated or to have to go and live with him in his country rather than living in the US. It helps tremendously to have therapists records, medical records, etc. Most people expecting to have to file the I-601 get it prepared and have it ready to submit immediately upon refusal of their application. Also, sometimes it is faster to just file the I-130 and not do the whole k-3 route these days.

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              • #8
                Very helpful, i will check into that route and the website. well, after he was deported 4 1/2 years ago he re-entered illegally shortly after. we met a year and a half ago and i was worried he may get another deportation and it might be really the end of the line of any chance of getting legal...so finally, we went to the honduran embassy and got him some paper, and we flew together from miami to tegucigalpa in may '05. i have severe medical problems and my insurance is no good here, and they dont have the specialist anywhere in honduras i need. im going to have to go back soon to the usa alone for treatment. hopefully we will get action or acknowledgement this year on the i-129f.

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                • #9
                  Kimy,

                  illegal re-entry after deportation?

                  You do need a legal advice.
                  I don't know much except that entering the US after deportation without proper visa is a crime, and there may be criminal charges. The successful waiver and obtaining the visa, doesn't protect against criminal charges ( if and when filed by the US government).

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                  • #10
                    will the usa know he was there? i mean the paper he got from the honduran embassy to fly back, is that available to the usa?

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                    • #11
                      also, still trying to find out about the ban...whether its automatic because he was deported or is their a chance he didnt get a ban, as he never got any paper saying he was banned? He was deported in 2001...thanks again, kimyhenry

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                      • #12
                        Kimy, did he get any paper about deportation? Look for under which provisions of law ( some numbers and letters).

                        Will they know that he had been in the US for about 4 years? What did you write on the papers: how did two of you meet? What about the flight records? And probaly many more "small clues".

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                        • #13
                          o thank you so much, yes we have the deportation order and the order denying the appeal of deportation...ill look right away for the law info.

                          well, on the official i129f i simply stated we met in 2005 while i was on a tourist visa to honduras. and the airline didnt keep the paper the honduran embassy gave him, to fly...hes still got it. thanks so much

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