Interview in July

[lilianasmama1 0]

My husband has been issued an appt for July, one of his friends just came back from Honduras and informed us that due to my husband being in the US previously undocumented he will be denied a Visa. Does anybody know what questions are asked at the interview and what the chances are that he will be denied a Visa or what steps we can take to help bring him home sooner?

My husbands story..... He came to the US illegally in 2002 he was caught by border patrol where he voluntarily departed to Mexico. He promptly returened to the US and didnt have any problems until 2009 when he was picked up by immigration doing random checks. The judge we saw in Louisiana instructed us to file for an i 130 and use voluntary departure saying that it would lift the 10 year ban on my husband. We did so and he left in October 2009. OUr case was processed rather quickly through the NVC and his appointment is scheduled for July 14th. Please pray that our husband and father is returned to us.

[Penguin_ie 5,993]

Yes, the visa will be denied at interview. Depending on the details of the case, you might be able to file a hardship waiver (ie you will need to show that it is a substantial hardship for you to not have him with you or to move abroad to be with him).

[lilianasmama1 0]

I dont understand the automatic denial? Can you explain with a little more detail please?

[sachinky 465]

Because your husband entered the U.S. illegally, he is subject to a 10 year ban as a result of his previous ENTRY WITHOUT INSPECTION. He will be denied at the interview since he is not eligible to immigrate. You will need to prove substantial hardship in order for him to get the ban overturned.

Do you have a lawyer? Because of his illegal immigration history, I'd recommend you getting a good one, ASAP.

Edited June 5, 2010 by sachinky

[lilianasmama1 0]

Because your husband entered the U.S. illegally, he is subjected to a 10 year ban as a result of his previous EWI. He will be denied at the interview. You will need to prove substantial hardship in order for him to get the ban overturned.

Do you have a lawyer? Because of his illegal immigration history, I'd recommend you getting a good one, ASAP.

No I dont have a lawyer or even a chance of getting one we are struggling alot without my husband here. Ok well when we went to court the judge told us that there would be no ten year ban because my husband was going home voluntarily? is that true and does anybody know where I can see if he does have a ten year ban on him?

[sachinky 465]

From what I understand, irrespective of his VD, his EWI in the first place will fetch him the 10 year ban unless you can overturn it with a strong, substantial hardship waiver package. Honestly, your husband's past doesn't put him in a good light and I'm not sure how kindly they will look upon him. Caught at the border, trying to sneak in, deported, returns soon after, EWI, 7 year illegal stay, caught by immigration authorities and deported under voluntary departure. Not exactly 'voluntary,' huh? I could be wrong though and others more knowledgeable about hardship waivers/EWI will soon chime in or point you in the right direction.

See if you can at least get a free consult with an attorney. Or try one of the Catholic Charities in your area.

Edited June 5, 2010 by sachinky

[lilianasmama1 0]

From what I understand, irrespective of his VD, his EWI in the first place will fetch him the 10 year ban unless you can overturn it with a strong, substantial hardship waiver package. Honestly, your husband's past doesn't put him in a good light and I'm not sure how kindly they will look upon him. Caught at the border, trying to sneak in, deported, returns soon after, EWI, 7 year illegal stay, caught by immigration authorities and deported under voluntary departure. Not exactly 'voluntary,' huh? I could be wrong though and others more knowledgeable about hardship waivers/EWI will soon chime in or point you in the right direction.

See if you can at least get a free consult with an attorney. Or try one of the Catholic Charities in your area.

Thank you for the advice...

[pkliberty78 1]

hey I found some information online that you might find useful:

"If you do not qualify as a permanent resident, then cancellation of removal as a non-permanent resident may still be available to you even if you are a permanent resident. In order to qualify, an alien must have resided in the U.S. continuously for ten (10) years in any capacity even though the person may have entered the U.S. illegally. You must establish good moral character which includes a strong work history in the U.S. during those years. You must also demonstrate that your removal would result in exceptional and extremely unusual hardship to your qualifying relatives residing in the U.S. While these hardship requirements are very substantial, aliens who have U.S.C. spouses, children, grand children, and parents residing in the U.S. may be eligible for this form of relief. "

The url: http://www.sfatty.com/html/relief.html

[Leigh Ann 8]

No I dont have a lawyer or even a chance of getting one we are struggling alot without my husband here.

There are often times free clinics that do some immigration work (though not a ton), depending on your area. A lot are restricted to asylum claims, but there may be some that will help with regular immigration situations, in addition to Catholic Charities.