my wife was deported twice to mexico she as a deport record

[bryan&nicole 0]

at thew interview when they ask about that somtimes if they the explamation is resoabl they will go ahead and approve the visa or is it alway always deined????????? when should i fill a 601 if i hAVE TWO? THEY MAILED VISA DOCOMENT LAST WEEK SO OUR INTERVIEW COULD BE SOON?

[Dylan'sWife 2]

Everything I have read suggests that her visa will be denied at the consulate because of the deportation. Once it has been denied, you may file for a waiver.

[emt103c 10]

It is more complicated because of being deported twice, this means she must have Entered Without Inspection (EWI.)

We would need a COMPLETE timeline to know if she is even allowed to file a waiver at all. How many times did she enter? How many were without inspection. How long was she in the U.S. after the first entry before being deported? How long was she in the U.S. between deportations?

There is a law about multiple EWI with overstays between. . .

She will definitely not be given a visa without a waiver.

Edited April 21, 2008 by emt103c

[diadromous mermaid 36]

And with the whole immediate family in Mexico, and only the husband here, how would one prove hardship?

[Gaby&Talbert 1]

And with the whole immediate family in Mexico, and only the husband here, how would one prove hardship?

The hardship only applies to the USC. The 2 deportations may mean she is not eligable for the waiver

[emt103c 10]

And with the whole immediate family in Mexico, and only the husband here, how would one prove hardship?

You can prove that it would be difficult for him (and the USC children-- and in turn him) to continue living in Mexico.

Things like level of schooling, being able to see his parents, their grandparents. . .USC responsibilities in US. . .medical problems of USC or USC parents (if proving USC is ONLY person able to help out parents.)

USC continuing education, debts in U.S., etc. It is very specific and personal. Can be done. Not always easy, but do-able.

Not sure they are eligible to file a waiver though. . . need to see that timeline.

[diadromous mermaid 36]

And with the whole immediate family in Mexico, and only the husband here, how would one prove hardship?

The hardship only applies to the USC. The 2 deportations may mean she is not eligable for the waiver

Exactly. What hardship would it be for the US citizen? He has clearly spent time in Mexico, per his signature.

[emt103c 10]

Exactly. What hardship would it be for the US citizen? He has clearly spent time in Mexico, per his signature.

He doesn't have to prove that he cannot spend time in Mexico, he must prove that it would be an extreme hardship for him to live there. From the timeline, he is visiting his now wife in Mexico. It appears that he does not live there. It appears he might be a naturalized citizen, which means probably that he speaks Spanish, which means that language barrier cannot be used as a hardship, however, the hardships to naturalized citizens must be taken as seriously as any other citizen, and would be highly personal to him. Like I said, not easy, but do-able.

Still not sure she is even eligible for a waiver in the first place.

[diadromous mermaid 36]

Exactly. What hardship would it be for the US citizen? He has clearly spent time in Mexico, per his signature.

He doesn't have to prove that he cannot spend time in Mexico, he must prove that it would be an extreme hardship for him to live there. From the timeline, he is visiting his now wife in Mexico. It appears that he does not live there. It appears he might be a naturalized citizen, which means probably that he speaks Spanish, which means that language barrier cannot be used as a hardship, however, the hardships to naturalized citizens must be taken as seriously as any other citizen, and would be highly personal to him. Like I said, not easy, but do-able.

Still not sure she is even eligible for a waiver in the first place.

So, what were the circumstances of her prior removals? Did she successfully enter without inspection only to be found later, and removed, twice?

Reading this, it appears that a second deportation does bring about a 20 year bar to admission. What were your wife's dates of entry? How long did she remain, if at all, between deportations?

From Siskind...

- PREVIOUS DEPORTATION OR UNLAWFUL PRESENCE

A person who was placed in deportation proceedings upon their entry to the US and was ordered deported is inadmissible for a minimum of five years. After a second such deportation, the period of inadmissibility is 20 years. Those who have ever been convicted of an aggravated felony are permanently inadmissible to the US. If the person subject to the deportation order left the US without allowing the deportation to occur, they are inadmissible for 10 years. Again, if it is a second deportation, the period of inadmissibility is 20 years, and if the person has been convicted of an aggravated felony, they are permanently inadmissible.

Along with the above ground of inadmissibility, the 1996 Illegal Immigration Reform and Immigrant Responsibility Act created the concept of “unlawful presence” and made it a ground of inadmissibility. People who have been unlawfully present in the US for more than 180 days but less than one year are subject to a three year bar on admission, while those who have been unlawfully present for more than a year are inadmissible for ten years. Also, those who have been unlawfully present for more than one year, were deported, and then seek to reenter the US without authorization are permanently inadmissible.

While the 3/10 year bar, as it is commonly known, seems straightforward, issues involved in determining exactly what constitutes unlawful presence make it more complicated. The relevant statute (Section 212(a)(9)(B)(ii) of the Immigration and Nationality Act) defines unlawful presence as presence “in the United States after the expiration of the period of stay authorized by the Attorney General or [presence] in the United States without being admitted or paroled. The INS has not issued regulations to further define the concept, providing only memoranda on the issue, essentially saying that a person begins accruing unlawful presence when they remain in the US past the expiration date of their I-94. Unlawful presence can also be accrued if, in deportation proceedings, the immigration judge determines that there has been a status violation. Those entrants who do not have a date on their I-94, but are instead admitted for the duration of status (primarily students) do not accrue unlawful presence until the INS rules that they have violated their status.

An applicant who was formally admitted or paroled into the US and timely files an application to extend or change their status is given a 120 day grace period following the date on the I-94 during which no unlawful presence will accrue.

There are some exceptions to the 3/10 year-bar. So long as a person is under 18, they will not accrue unlawful presence. People with a bona fide pending asylum application do not accrue unlawful presence, nor do beneficiaries of the family unity program. Other groups that do not accrue unlawful presence include people with pending application for adjustment of status, people in temporary protected status, and people under a grant of deferred enforced departure.

It is possible to obtain a waiver of the 3/10-year bar. To do so, the applicant must demonstrate that if the waiver is not granted, their US citizen or lawful permanent resident spouse or parents would suffer extreme hardship. While this standard is nowhere defined, cases make it clear that the hardship required will not be found in many cases.

[bryan&nicole 0]

I am a all American guy born and raised in Indiana just to get post back on track I was expecting to have my wife and family here in a month or so this post comes as a quite a shock I have posted about this question before was told just tell the truth and every thing would be ok more than likely

in the early 90's my wife was returning to California with her husband right before she left her mom got very sick she stayed behind for a few days her 4 month old daughter went with her father, so a few days latter at the border Mexican passport in hand stamped and all ready the American immigration officer took her passport looked at her a few times then tore it in two through it on the ground told her she want 23 and no way she as kids [my wife is very tiny after her third child last year she now at 30 still where's sz 12 jeans that's four sizes smaller than 0} he said she must have stolen this passport and that she was probably from south America or something she started crying said she needed to get to her daughter he laughed called back up and threw her in jail after being in jail for 6 days they gave her papers to sign she would not sign them the name on there was different than hers she had all her papers birth doc etc. but they would not listen after four more days in jail she signed what ever they wanted just to get out she received a 5 year ban once out she ran down the road under the fence and back to her home and daughter in California she lived there five years then her mom fell ill again she went back to Mexico now with two kids her mom passed a way two years latter by this time her husband add abandon her and out of desperation a year latter she wanted to return to the us to make better money however Mexico would no issue her a new passport because they did not believe that the united states had tore up the old one and you can guess what she thinks about American immigration system so she snuck across but only made it a few feet before she was picked up then she received a 20 year ban

also can i file this 601 now or will i have to go through the expense of going to mexico for the interview file there and retun with out my wife?

Edited April 21, 2008 by bryan&nicole

[emt103c 10]

Mexico is running a pilot program wherein they can tell her at the interview if she is eligible to file the I-601. She will get an appointment to file it within the week usually, and they will adjudicate it on the spot. (you are lucky, this is the ONLY country where this pilot program is going on.) She could then hypothetically return to the U.S. the next day.

If I were you, I would organize completely the timeline--not just early 90's but particular years. The I would do a consultation with Laurel Scott--or another good immigration attorney specifically with experience in Mexico waivers. Ms. Scott is very experienced, honest, and has a high success rate, as well as a low consultation fee. (visacentral.net)

From what I'm reading, she was given an removal? deportation? (5 year ban) in the early 90's while trying to enter and being arrested?, then reentered EWI (the year really matters here because if it was ALL before 1997, then things are different) overstayed for five years, exited and then reentered and THEN was deported. This would be INA 212a 9c (EWI more than a year overstay then EWI again) If this was ALL before 1997, then there is a possiblility things are different. . .

You need to consult with a qualified attorney who can look at ALL of the documentation and help you with your case. I recommend Ms. Scott, just be sure you get someone experienced.

[Boiler 44,874]

If this was ALL before 1997, then there is a possiblility things are different. . .

OP said she is 30 now, so post 97.

[Gaby&Talbert 1]

you need to go to http://immigrate2us.net/forum/ and read about 601 waivers and the hardship letters.

You do have to go to Juarez and interview. I would not lie to USCIS but be edjucated in the INA laws so you know what to expect. If I were you I would at least have a consultation with Laura Scott who you should be able to find information on the other website before you do anything else. You may want to know what risks are involved once she leaves the US.

[emt103c 10]

you need to go to http://immigrate2us.net/forum/ and read about 601 waivers and the hardship letters.

You do have to go to Juarez and interview. I would not lie to USCIS but be edjucated in the INA laws so you know what to expect. If I were you I would at least have a consultation with Laura Scott who you should be able to find information on the other website before you do anything else. You may want to know what risks are involved once she leaves the US.

I think he said she's already been deported again. . ."Laurel Scott"

[bryan&nicole 0]

you need to go to http://immigrate2us.net/forum/ and read about 601 waivers and the hardship letters.

You do have to go to Juarez and interview. I would not lie to USCIS but be edjucated in the INA laws so you know what to expect. If I were you I would at least have a consultation with Laura Scott who you should be able to find information on the other website before you do anything else. You may want to know what risks are involved once she leaves the US.

leaves the us??? she lives in mexico???