waiver i212 with b1

[JohnDonne 0]

My girl was deported involuntarily after living in the usa for six or seven years. Four of those she had an expired visa. Otherwise she stayed out of trouble and learned English etc. Is it possible for her to get a waiver i212 with a visitor visa b1? Or does she only get one i212 waiver chance, even if we try a k1 129f etc later? Hope I articulated comprehensibly.

[Sergi9 110]

My girl was deported involuntarily after living in the usa for six or seven years. Four of those she had an expired visa. Otherwise she stayed out of trouble and learned English etc. Is it possible for her to get a waiver i212 with a visitor visa b1? Or does she only get one i212 waiver chance, even if we try a k1 129f etc later? Hope I articulated comprehensibly.

She has a 10 year bar for the overstay so she cannot come into the country until that ten years is up. If you apply for a K1 she will be allowed to file an I601 and the I212. Think seriously about where you want to live the next 6 years if you get married. It will take two to three times the normal processing time for the K1 with the waiver.

Good luck

[Harsh_77 718]

yep her case could be diffcult one she had not left the country by her choice and got a 10 yr ban, but it seems she did go thru the whole deportation procedure and was deported back to her home country.

She has not been in any other kinda problem or she is learning english does not help her cause.

[JohnDonne 0]

She was offered a bond or a voluntary which she did not take. As far as I know she is under a five year ban not ten.

[Boiler 46,025]

She was offered a bond or a voluntary which she did not take. As far as I know she is under a five year ban not ten.

That was silly, she has 2 bans:

5 years for the deportation.

10 years for the illegal presence.

Forget about the Visitor Visa, the chances are so small that it is not worth the effort. I 212 does not apply to Visitor Visa's.

[katiemanny 64]

The best way to bring her to the US, is to marry her in her home country and file a spouse visa, plus two waivers one to overcome the deportation ban and the other for the overstay ban, it wont be cheap because you will need a well qualified Immigration Attorney to help you through the waivers process. She will never be able to obtain a non-immigrant visa as long as she lives, she is too great of a risk to be eligible for a visitor visa. No one will trust her anymore at the US Consulate for a b1 visa after she clearly broke the law within the US.

Edited April 13, 2011 by katiemanny

[Harsh_77 718]

If you choose to marry her and bring her over legally, be ready to shell out some money for attorney, as Boiler mentioned she could have 2 bans against her for deportation and illegal presence.

You will need a good immigration lawyer to help you with waviers.