QUESTION
Will an expedited removal cause an issue for our immigration applications?
Asked on Jul 18th, 2011 on Immigration - California
More details to this question:
I am on H1B visa and married to a Mexican citizen for past 2.5 years. We both have been living in Mexico for past 2.5 years (I am working as an Expat). 4 years ago my wife was in US on a Tourist visa and attended community school to learn English while staying with a family working as a nanny. She left the country in 6 months but while re-entering she mentioned her going to school to the agent upon which they processed an expedited removal and put a 5 year ban. She will complete her 5 years in Feb 2012. We are going to have a baby soon and would like to move to US next year after her 5 years are complete. I want to apply for a H4 visa for my wife and my baby. Will her expedited removal cause a problem with H4 application? Does she need to apply for I-212?
3 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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You will need to file the I-212 if the 5 year is NOT over. She may also be subject to 10 year bar and if so, she will need a non-immigrant waiver. which the US consulate has jurisdiction to authorize. Non-immigrant waivers are only available if the Consular Officer recommends it.
Answered on Jul 29th, 2011 at 5:05 AM
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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Given that more than 5 years have elapsed since her expedited removal, this should not be a bar or impediment for her obtaining her H-4 non-immigrant visa. No need for a Form I-212.
Answered on Jul 28th, 2011 at 2:02 PM
She should not have a problem if 5 years have passed when she applies for the visa. She needs an I-212 waiver if she applies earlier.
Answered on Jul 28th, 2011 at 12:11 PM