Help me with this issue please-

[Lady Linda 0]

Can my husband still apply for a visa if he was detained in 2006 for trying to cross the border illegally?

In 2006 my husband was detained by immigration when he was trying to cross the border from mexico to the us( he was my boyfriend at that time). He told me that immigration agents took his picture and his finger prints, but he does not remember if he signed anything. At that time we were anxious to see each other and we did not think when he did this by using the "help" of a person who only took our money. This was the only time he had tried this and after what happened we decided not to try it again. Ever since that time, I have always been the one to travel to Mexico to see him.Now we are married and we want to start the visa process so he can move here with me. I am scared that this incident will affect our application, and they will deny us. I have heard from other people that sometimes they give an applicant 10 years as a punishment for doing this. I have also heard that we can pay a penalty fee. Is this true? What procedures or how should I start with the application process? If anyone has any information, please let me know? Anything that anyone knows will be really helpful.

Thank you

[♥Muslimqueen♥ 2]

Can my husband still apply for a visa if he was detained in 2006 for trying to cross the border illegally?

In 2006 my husband was detained by immigration when he was trying to cross the border from mexico to the us( he was my boyfriend at that time). He told me that immigration agents took his picture and his finger prints, but he does not remember if he signed anything. At that time we were anxious to see each other and we did not think when he did this by using the "help" of a person who only took our money. This was the only time he had tried this and after what happened we decided not to try it again. Ever since that time, I have always been the one to travel to Mexico to see him.Now we are married and we want to start the visa process so he can move here with me. I am scared that this incident will affect our application, and they will deny us. I have heard from other people that sometimes they give an applicant 10 years as a punishment for doing this. I have also heard that we can pay a penalty fee. Is this true? What procedures or how should I start with the application process? If anyone has any information, please let me know? Anything that anyone knows will be really helpful.

Thank you

For being in the us Illigaly i thought i was a 5 year ban. but i think as someone said in your other post, With a good lawer you may be fine. But dont be suprised if he dose he rejected at the interview and you have to file for a waiver, but i think it may all work out at the end.

[canadian_wife 1,822]

A 5 year ban is uncommon for illegal presence. If you are illegally present in the US for 108 - 365 days then it is a 3 year ban. If it is more then 365 days then it is a 10 year ban. However, it is not clear whether the OP's husband was in the US and for how long. Lady Linda, was your husband in the US illegally ever and if so, how long was it.

If he was never in the US, the question now becomes what was his 'removal' from the US? Was it an expedited removal? A deportation? A Catch and Release? This will affect your approval of the visa because the first 2 will require a I-212 to be filed at the time of the interview to overcome the removal. A catch and release typically will not need this - however you have a few choices. You can file an FOIA to figure out what his exact removal was. You can file an FBI fingerprint check to see what notes were made when his fingerprints were taken. Or you can simiply file the petition and wait and see.

If he's ever been in the US illegally he may face a 3 or 10 year ban which will need to be overcome with the I-601 hardship packet which must show how you cannot move to Mexico and why you will suffer extreme hardship if your husband does not come to the US.

immigrate2us.net is a great site for people facing your situation as they specialize in waivers. Laural Scott, scottimmigration.net, is a fantastic immigration attorney specializing in inadmissability. She offers free chats on Wednesdays so you may want to ask your question there for better answers

Good luck

[Leigh Ann 8]

Does he remember if he signed a voluntary departure or if he was actually deported? Did he actually make it into the US or was it right as he was crossing the border or before?

If you're in the US without documents for 180+ days, there's a 3 year ban. If it's 365+ days, it's a 10 year ban. Someone will be along to confirm this (hopefully), but I'm pretty sure that an attempted entry does not incur a ban, especially if it's not a deportation (and a voluntary departure instead).

ETA: canadianwife and I were posting at the same time, and she has better information.

Edited July 10, 2010 by Leigh Ann

[Brother Hesekiel 2,236]

Sure he can apply!

[xelance 31]

way to think it through...geez. Do things the right way and you will be rewarded, do things the wrong "quick" way and you will be punished. Good luck.

[bila-n-javi 1]

Your husband may or may not be elegible to file a waiver.

http://ciudadjuarez.usconsulate.gov/waivers.html

"In certain circumstances, individuals who have been found ineligible for an immigrant visa under the Immigration and Nationality Act (INA) may be eligible to apply for a waiver of the ineligibility. At the time of the immigrant visa interview, the consular officer will make a determination as to whether an applicant is waiver eligible. If the consular officer finds an applicant ineligible for a visa, but eligible to apply for a waiver, the officer will give the applicant instructions on how to apply for the waiver and will direct them to make a waiver appointment by contacting the call center"