QUESTION
What can I expect if I tried to file again for my husband to come back?
Asked on Sep 30th, 2011 on Immigration - Michigan
More details to this question:
My husband was arrested twice in 2007(came back after the first arrest) and both times he was given over to ICE and both times he signed the voluntary departure. I filled for my husband's i130 in2008. It was denied at interview. He was told there was nothing we could do until 2017! I tried living in Juarez but it's just too dangerous. I have a 3 year old who misses her daddy. So I wanted to try again. I filed again January 2011, now I'm just waiting for the interview. My husband has been in Mexico for four years now. Will this help the case? Will he need a waiver? What should I expect?
4 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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He definitely needs a waiver.
Answered on Jun 19th, 2013 at 1:20 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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Your husband has triggered the permanent bar. He will have to stay outside the U.S. for 10 complete years and then apply. He may require a waiver as well.
Answered on Oct 06th, 2011 at 9:41 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
He will not be able to immigrate until he is in Mexico for ten years as he has triggered the permanent bar when he returned to the U.S. Only chance and not a guarantee is to have him come sooner would be for him to qualify for a non-immigrant visa of some type and then apply for a 212(d)(3) waiver.
Answered on Oct 04th, 2011 at 11:22 PM
3 Awards
Your husband is barred permanently due to his two illegal entries and he is not eligible for waivers until he lives in Mexico for 10 years.
Answered on Oct 04th, 2011 at 11:22 PM