Multiple EWIs

[olivamie08 1]

My husband was caught crossing the border EWI in 2007 and had a court ordered deportation. He entered again EWI four months later without being caught and was here till 2010. He left because he had a family emergency. Then in 2010 he tried to cross over two different times EWI unsuccessfully but never went to court. He was just sent back over the same day the first time and the second time was held for two days then sent back over without appearing before a judge for deportation. We know he will be denied a visa when he goes to his interview. The question I have is, will he be given the chance to file a waiver or will he be denied without a chance to file a waiver?

Edited April 9, 2011 by olivamie08

[Azzudiin 26]

You will get denied as he most likely has at least a 10 year ban from the deportation. YOu can file and it may get approved by USCIS but will get denied at consulate, then you will have to apply for the waiver at that point.

In cases like yours it is highly recommended to hire attorney because of the many issues you will have to deal with.

And yes he will get to file waiver, but getting that approved is the hard part.

Edited April 9, 2011 by Azzudiin

[NigeriaorBust 4,087]

The attempts at entering after deportation probably earned him a banned without waiver tag. Prepare for the worse hope for the best. You might want to wander over to immigrate2us.net . They probably have others with the same background.

[olivamie08 1]

Just found out that my husband was not deported but did go before a judge and did voluntary departure! I actually thought it was a deportation but I just found his paperwork from the court. I talked to a Level II Officer at USCIS and asked about this and was told that since it wasn't a deportation that it does count as a time entering illegally but its more like a slap on the wrist (exact words). So since he has crossed several times but never been deported, would he be able to filed a waiver?

[Done--Really 331]

Go to this site--they are the experts on this sort of situation.

http://immigrate2us.net/forum/forum.php

And sign up for a Wednesday chat session with Laurel Scott, and extraordinary immigration lawyer...you can find her link on the site.

[SalvySoccerChick 0]

Im in a similar situation where my fiancee has one EWI and then left voluntarily. Does this mean that it will not be as hard as I thought for the visa to be processed and approved?

[olivamie08 1]

Salvy, How long was your fiance in the US? Also, just want to confirm that he has only crossed once and never been caught crossing.

[SalvySoccerChick 0]

Salvy, How long was your fiance in the US? Also, just want to confirm that he has only crossed once and never been caught crossing.

Hi! If Im doing my math correctly.. I'm pretty sure it was over a year (I know I read somewhere that there's a 3 year- 10 year ban but is that just for deportations?).

He only crossed once and was not caught during the process. Then when he had family problems, he took out his passport and just flew back home.

Is this going to make it significantly harder to get a visa for him? Will it even be possible?

[Done--Really 331]

SAlvy--

Go to this site--they are the experts on this sort of situation--you will get answers quickly--just do it.

http://immigrate2us....forum/forum.php

And sign up for a Wednesday chat session with Laurel Scott, and extraordinary immigration lawyer...you can

[canadian_wife 1,808]

Salvy and Olivia, your SO's both have 10 year bans for being in the US illegally for over 1 year

Olvia, yours is more complicated due to the attempted re-entering

both of you should go on over to immigrate2us.net and both of you should hire a lawyer to get through the I-601 waiver process as both will be denied during the interview and (I believe) the waivers can be submitted right there when the visa is denied at the interview.

Scottimmigration.net - sign up for her free chats on Wednesdays and ask her what your situations are

Good luck

[olivamie08 1]

Ive already gotten my waiver letter and evidence all together, Ive just been reading some of the laws and Im afraid that he wont be given the chance to do the waiver. I would love to go on the Wednesday chat but I leave to see my husband every Tuesday in Mexico and I do not get internet service where he is at.

Savy- I would definitely do the chat because every case is different and they would be able to give you an exact answer! Good luck to you and I hope everything goes smoothly!