What Happens after Barr

[Allan555]

Hello to all!!
My wife was removed from the United States through a expedited removal at the port of entry in 2001 due to misrepresentation. She was barred for 5 years. We submitted I601 waiver and I212 during the barr period but unfortunately they were denied. My wife and I decided to just wait until the barr is over. The barr is over a year over now. Our dilema now is what is our next step, do we still need to file a waiver? She has a I-130 pending and for some odd reason we haven't heard from NVC for almost 2 years now. I know this site have many intelligent people so pls if you have any info. Please post. Thank you so much

[Allan555]

Hello to all!!
My wife was removed from the United States through a expedited removal at the port of entry in 2001 due to misrepresentation. She was barred for 5 years. We submitted I601 waiver and I212 during the barr period but unfortunately they were denied. My wife and I decided to just wait until the barr is over. The barr is over a year over now. Our dilema now is what is our next step, do we still need to file a waiver? She has a I-130 pending and for some odd reason we haven't heard from NVC for almost 2 years now. I know this site have many intelligent people so pls if you have any info. Please post. Thank you so much

[Allan555]

Thank you for your kind reply davdah...
Is that a fact that we don't have to file a waiver anylonger once the ban period lapsed?
I apologize if I am sounding as if I don't believe or trust you. It just so happen that I've spoken with many people and some would coencide with what you are saying however some would say we still need to file.

I also tried to get into the infopass you provided and I don't beleive it is available in the philippines. it gives me a message stating that there is no appt. avail at this time.

Thanks

[Rough Neighbor]

Have a lawyer assist you to try the I-129F/K-3 route. This can be done even if, as you said, your I-130 is pending. You may no longer need to file a waiver at the US Embassy in Manila if the bar period is already over.

[SonofMichael]

it's bar, not barr

[Rough Neighbor]

It's assumed to mean the same thing. Read by context, not by words. I've seen many times a lot worse.

[Someone12]

your 'wife' was given expeditious removal (a 5 year ban for readmision) AND a PERMANENT INELIGIBILITY for misrepresentation....these are two distinct issues...the first would have required an approved I 212 before she could have been readmitted; the second will require an approved I 601 (presumably) and that will be based on whatever 'extreme hardship' story you can concoct....no one is going to notify her; she will have to attend a visa interview some time in the future, be denied under INA 212 a 6C (i) (fraud/mispresentation) and then (and only then) can you/she submit an I601...of course, claiming extreme hardship will be nigh impossible since you have been doing OK these last several years, separated....but don't take my word...check out the cows at twitteringcows.cud and ask for their 'qualified' opinions.....(bring lots of potatoe chips and ice cream)

[Allan555]

This is exactly what I was talking about, Many say that We don't need to file a waiver anylonger, then someone would say we do. If you were in my shoes...Who is right?

Someone12 seems to be advising as if we haven't done the 601 and the 212. We already filed those within or when she was still in the barr period, unfornutately it was denied...ofcourse due to unable to demonstate "Unusual Extreme Hardship". My dilema is more on where to go from this point since her barr is way pass the 5 year period, further is would we need a waiver again?

Few post here states that we don't have to file anylonger. Please give me harder facts. Thanks

[Someone12]

if she was found ineligible under INA 212 a 6c(i), she will need a waiver (I 601) approved before she can get an immigrant visa....no one is going to call her up and tell her to get her behind down to the embassy....she has to attend a visa interview, which she can only do if she (or the embassy) is in possession of an approved I 130...period....the five year bar was a bar to admission, not an ineligibility...mispresentation and fraud (basically, lying and/or showing phony documents) is a PERMANENT ineligibility...this ineligibility terminates when she turns 90...until then, she will need a waiver....

[Allan555]

Thanks for your reply Someone12. I guess I need further assistance from a lawyer.

[aneri]

allan, it would help to untangle the situation if you can provide under what was she charged with: exact INA articles (maybe in the passport or papers)

[Allan555]

ANERI, WE REQUESTED FOR A FOIA AND I WILL SEARCH FOR THAT INFO. THANK YOU.

[Allan555]

foia is now available

[Allan555]

Ok...according to the FOIA, my wife was charged with under INA 212 a 6c(i), ok if I consider the fact that she still needs to file a waiver, would i still need to prove extreme hardship? Whatever it maybe, can anyone reffer a lawyer that may be as bright as the sun in helping us with our case? I thought it becomes simple once the barr lapeses.

[mohan]

enve thou, bar is lepse you still need a waiver filed. explaining that bar is lapsed and your wife become admissable.