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  • EXCLUDED FROM THE COUNTRY...

    I AM AN AMERICAN CITIZEN MARRIED TO A MEXICAN CITIZEN HE WAS CAUGHT ENTERING THE COUNTRY ILLEAGLY IN 1999. WE MARRIED IN 2001 AND WENT TO A LAWYER TO FILE AND WAS TOLD WE CAN NEVER FILE OR MY HUSBAND WOULD BE THROWN OUT OF THE COUNTRY. WE HAVE 2 CHILDREN AND IF HE HAS TO LIVE THIS WOULD CASE EXTREAME HARDSHIP ON OUR LIVES. HE HAS NEVER BEEN IN ANY TROUBLE OTHER THAN ENTERING ILLEAGLY. I HAVE RECENTLY SPOKE WITH A LAWYER IN CAL. WHO TOLD ME MY HUSBAND COULD FILE. HE TOLD US TO FILE FOR A K3 VISA THEN FOR PERMISSION TO REENTER THEN TO GO TO MEXICO AND FILE FOR THE WAVIER OF THE 10 YEAR BAR.I WAS HOP ING SOMEONE OUT THERE MIGHT OF HAD SOME KIND OF LUCK FILING THESE PAPERS AND CAN GIVE SOME DETAILS OR IF IT EVEN REALLY WORKS?

  • #2
    I AM AN AMERICAN CITIZEN MARRIED TO A MEXICAN CITIZEN HE WAS CAUGHT ENTERING THE COUNTRY ILLEAGLY IN 1999. WE MARRIED IN 2001 AND WENT TO A LAWYER TO FILE AND WAS TOLD WE CAN NEVER FILE OR MY HUSBAND WOULD BE THROWN OUT OF THE COUNTRY. WE HAVE 2 CHILDREN AND IF HE HAS TO LIVE THIS WOULD CASE EXTREAME HARDSHIP ON OUR LIVES. HE HAS NEVER BEEN IN ANY TROUBLE OTHER THAN ENTERING ILLEAGLY. I HAVE RECENTLY SPOKE WITH A LAWYER IN CAL. WHO TOLD ME MY HUSBAND COULD FILE. HE TOLD US TO FILE FOR A K3 VISA THEN FOR PERMISSION TO REENTER THEN TO GO TO MEXICO AND FILE FOR THE WAVIER OF THE 10 YEAR BAR.I WAS HOP ING SOMEONE OUT THERE MIGHT OF HAD SOME KIND OF LUCK FILING THESE PAPERS AND CAN GIVE SOME DETAILS OR IF IT EVEN REALLY WORKS?

    Comment


    • #3
      You can look for posts by "spouse" regarding this and also go to www.immigrate2us.net and they have sections devoted to k-3, I-601 waivers, etc.

      Comment


      • #4
        we need a little clarification here. Where did you meet your husband and where is he now?

        It sounds to me like you met him here in the USA, and he is here now.

        Assuming that when he was caught entering the country in 1999, he then decided to re-enter the United States without inspection again, and this is how he arrived. You have a problem.

        If a person is deported and then re-enters EWI -that person is subject to INA section 212(a)(9)(C) which basically states that whatever the initial bar was, must be reinstated, and that there is no waiver available for this.

        If, however, he did not re-enter illegally after deportation, then it is a significantly different story, and with time and patience there is a fairly good chance that he could become legal (although he would have to leave the USA for a while).

        If he did enter without inspection after being deported, I would highly recommend that you do not file any paperwork, or in any way let the US government know that he is here... in that case, there is a chance that he could pass through the other process without being caught and held accountable under 212(a)(9)(C) but it is more risky.

        www.immigrate2us.net

        Comment


        • #5
          How many times has your husband entered the United States illegaly and how many times has he been caught? Is he in deportation proceedings now? Please give us as much information as possible. I am a US citizen married to an illegal Mexican man, also. We are a little over a year into the process, which will probably take 2 or 3 years more. My husband entered once in 1998 and has been here since. We were married in Feb of '02 and began the process (filed an I-30) in March of '03.
          Have a nice day

          Comment


          • #6
            whoops looking back over this, I realized that there is a very good chance that you married in the USA after the re-entry. If this is the case, there is very little you can do other than decide to leave the country and wait out the bar, move to a third country, or hope and pray that the laws change soon.

            Of course, this is assuming that he was deported and then re-entered without inspection. If he didn't it is a completely different story.

            Comment


            • #7
              Originally posted by Spouse:
              whoops looking back over this, I realized that there is a very good chance that you married in the USA after the re-entry. If this is the case, there is very little you can do other than decide to leave the country and wait out the bar, move to a third country, or hope and pray that the laws change soon.

              Of course, this is assuming that he was deported and then re-entered without inspection. If he didn't it is a completely different story.

              Comment


              • #8
                YES HE FINALLY RE-ENTERED AFTER BEING CAUGHT SEVERAL TIMES.WE WERE MARRIED IN THE USA. I HAVE HAD SEVERAL LAWYERS TELL ME THE SAME THING YOU SAID HOWEVER THIS NEW ONE BRIAN LERNER FROM CAL. SEEMS TO THINK I JUST DONT WANT TO BE THE FIRST TO TRY IT. WE HAVE ALL READY FILED FOR THE I-30 AND THAT WAS APPROVED HE IS TELLING US NOW TO FILE FOR THE K-3 AND THEN A WAVIER FOR PERMISSION TO RE-ENTER THEN HE SAID ONCE ALL THIS IS APPROVED IS WHEN WE GO BACK TO MEXICO AND FILE FOR THE WAVIER OF THE 10 YEAR BAR.WHY DO YOU THINK THIS LAWYER THINKS HE CAN HELP AND OTHERS SAY NO. DO YOU KNOW OF ANY LAWS THAT MAY BE CHANGING IN THE NEAR FEATURE? HELP!!!!

                Comment


                • #9
                  I hate to say this, but I think that he is confused about the laws - i.e. he knows that you can apply for this waiver if a person is illegally in the country, but doesn't realize or is confused about 212(a)(9)(C).

                  I know that my husband was nearly denied for his waiver because of INA 212(a)(9)(C) by an officer stationed in Mexico. I don't know if he will be the one reviewing your case, but there are a limited number of people reviewing cases. Therefore, I think you are going to want to think long and hard before you take this risk.

                  (We were lucky in that although our case was similar to a 212(a)(9)(C) case, it did not actually apply)

                  Comment


                  • #10
                    I just thought of something that might actually help you, but I am not sure enough of the laws in this area. You said you married in 2001. Was that before April 30, 2001?

                    If so, perhaps the amnesty that was in effect at that time would have some bearing on your case... but since he was EWI and re-entry, I doubt it. However, I am not overly familiar with the intricacies of the laws surrounding 245i. It couldn't hurt you to look into it.

                    One word of warning, if in any way 245i could help you, leaving the country would most likely NOT be in his best interest.

                    Comment

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