Opinions on possible I601 case

[canadian_wife 1,822]

It sounds like from what you posted that he should not be subjected to the ban due to him leaving the US before his 18th birthday. What was written on that paper however may come into play. You are filing out the 212 for him was he deported?

Good luck.

[emt103c 10]

You need to contact an attorney and get more information on what papers she was given when released by officials. It sounds like to me that she was given a notice to appear in court. Since she did not go, it is likely she has the five year bar from applying for not attending court proceedings. Additionally, she was probably deported in absentia when she did not attend. If this is the case, she will not be eligible to apply for the 601 until she has been outside the US for 5 years. This is not universally enforced, but I think Brazil is enforcing it. Please check out immigrate2us.net to find others who have gone through Brazil recently.

[winchester70 0]

Is interesting that you are the first to bring up the five year barr.I had conversed with Heather poole over this and she felt she is not the five yeaar but the 10year.I am filing the freedom of information act to request files and what the judge ruled in her absence.The best place to start.She cam back to brazil on sept 18 2007.Worse case scenario is they would not let us file the waiver until then which would be her 5 years outside the USA.I guess my question is who applies the 5 year bann the judge in her absence or the consulate?

[canadian_wife 1,822]

I'm concerned that she might be considered a deportation absconder if she was ordered removed in absentia and did not leave.

The consulate enforces the 5/10 year bar but it is applied to the time she departed America

Good luck.