Able to file waiver or no?

[olivamie08 1]

Hello My VJ Friends! We are still at the NVC stage but interview time in Juarez is getting close. I wanted to give you all my hubbys EWI dates and see if you think he will be able to file a waiver or not. Just trying to be completely prepared cuz hubby is going to the interview alone and I dont want any surprises for him. My hubby came to the US EWI in Feb. 2005 when he was 17. He turned 18 in August 2005 and left the US 9 months later in May 2006. He attempted to come back Feb. 2007, was caught and received a voluntary departure. We lived in Tijuana till May 2007 and I left TJ because of some bad things that were going on and I was scared there. My hubby came back to the US EWI May of 2007 and went back to Mexico May 2010. I always appreciate everyone's input, good or bad. Oh also, he has no criminal records or anything else that would warrant a waiver.

[canadian_wife 1,827]

Well, a few aggrivating factors, he was illegally present in the US after the age of 18, left, then came back. Plus, he has more than a year of illegal presence in the US which is a 10 ban

now, whether he is granted the opportunity to get a waiver is up to the CO, however, certainly have one ready for the interview incase he is able to submit it after the denial.

Do not proceed without a lawyer, the waiver packet is lengthy and is WAY more than simply a letter

Laural Scott offers free chats on Wednesdays and is an expert, scottimmigration.net

Further, immigrate2us.net is an expert site on inadmissability

Good lukc

[Sergi9 110]

Hello My VJ Friends! We are still at the NVC stage but interview time in Juarez is getting close. I wanted to give you all my hubbys EWI dates and see if you think he will be able to file a waiver or not. Just trying to be completely prepared cuz hubby is going to the interview alone and I dont want any surprises for him. My hubby came to the US EWI in Feb. 2005 when he was 17. He turned 18 in August 2005 and left the US 9 months later in May 2006. He attempted to come back Feb. 2007, was caught and received a voluntary departure. We lived in Tijuana till May 2007 and I left TJ because of some bad things that were going on and I was scared there. My hubby came back to the US EWI May of 2007 and went back to Mexico May 2010. I always appreciate everyone's input, good or bad. Oh also, he has no criminal records or anything else that would warrant a waiver.

If he was unlawfully present for more than a year after April 1, 1997, departed for any reason, and then returned without inspection, then he is subject to INA 212a9Cil even if the incident at the border was not a deportation. Becuase of the multiple EWI's I am pretty sure he would be subject to 9C and would not be eligible to apply for a waiver for ten years from his most recent date of departure. That would be May 2020 according to your post.

[olivamie08 1]

Canadian Wife-

Thank you for your info. I want to go on one of the Laural Scott chats but I'm always in Mexico with my hubby. Maybe itll be a good idea for me to skip Mexico one time just to get some info.

Sergi-

Well the first time he was here part of the time he was 17 years old and for nine months in the US he was 18. So that's under a year. Then he got caught at the border, a couple months later came back but the last time he was here for over a year.

[Used to be broken 147]

Canadian Wife-

Thank you for your info. I want to go on one of the Laural Scott chats but I'm always in Mexico with my hubby. Maybe itll be a good idea for me to skip Mexico one time just to get some info.

Sergi-

Well the first time he was here part of the time he was 17 years old and for nine months in the US he was 18. So that's under a year. Then he got caught at the border, a couple months later came back but the last time he was here for over a year.

Well if you can formulate a question for Laurel based on the exact dates and times and submit it. If anyone knows the throwback vs deportation rules its her, most of her clients are southern border cases.

Good luck