5 year ban - file for waiver before i129f?

[Ivy. 113]

...So we drove to the US embassy and after standing in line for the better part of an hour, made it to a bullet proof window where I had to ask for someone inside that spoke English? This probably should have been my first warning, a US embassy with few staff members who spoke English. However, I asked the question, and was told that that permits to cross were given at the bridge, and I would have to ask there.

(...) [F]inally at the crossing, I handed him all our documents, and explained that we were here looking for information about a permit to go shopping for the day in El Paso, and that we were told to inquire at the bridge by the US embassy.

If you're well-off, dress well, and driving an Audi, then you should probably spring for a lawyer instead of taking immigration advice from a hotel manager in Juarez.

The hotel manager did not give legal advice, just simply that shopping in El Paso was more advised to shopping in Juarez due to my ethnic race. The advice to go to the bridge was given to me by the US embassy, but I know now that they probably meant that a "permit" is predicated upon already having a valid entry visa, and a "shopping permit" simply does not exist.

I think this is the most important part of your story. As you can see, even the members here misunderstood you, so that point should be made clear.

I do not know when a waiver should be filed, but if I may, I would advise you to shorten the story (it is too long, the breakfast, movie and waiting, etc. is not relevant). You can simply say you did not feel too safe in the city (which is reasonable) and were wondering if you could take her shopping to El Paso. To seek advice, you went to the US Embassy where you were told to ask at the border.

How you felt, what you went through and how much gas you spent driving back and forth is not important unless you're suing them for this. I doubt you could, as they have a lot of freedom in deciding what to do with people trying to enter the US, but maybe it is?

Anyways, stick to the point, explain the misunderstanding in the waiver and make sure you stress out where the bad advice came from.

Good luck to you both!

[LIFE'SJOURNEY 970]

Okay something about this isn't making sense, if the gf never had any violations aginst US immigration why was a 5 year ban put aginst her. She could have withdrawn her request to enter the US, and there would not have been any ban put against her. Sorry but something isn't making sense here.

I did read his prior post.

Edited February 2, 2013 by LIFE'SJOURNEY

[Bill and Tanya 18]

I think this is the most important part of your story. As you can see, even the members here misunderstood you, so that point should be made clear.

I do not know when a waiver should be filed, but if I may, I would advise you to shorten the story (it is too long, the breakfast, movie and waiting, etc. is not relevant). You can simply say you did not feel too safe in the city (which is reasonable) and were wondering if you could take her shopping to El Paso. To seek advice, you went to the US Embassy where you were told to ask at the border.

How you felt, what you went through and how much gas you spent driving back and forth is not important unless you're suing them for this. I doubt you could, as they have a lot of freedom in deciding what to do with people trying to enter the US, but maybe it is?

Anyways, stick to the point, explain the misunderstanding in the waiver and make sure you stress out where the bad advice came from.

Good luck to you both!

Yes, I apologized for such a long post, but judging from the first thread I started, people here seem to want more and more details, so rather than spread the entire story over 5 pages of posts, answering every seemingly important request for information, I detailed the story in entirety for those that want them. The question for those who do not like to read was placed down below the tl;dr mark. I agree with you in that these are important details, but in order to find that needle in the haystack, you first must have a haystack. Welcome to my haystack!

[baron555 934]

I agree that something is very fishy about getting a 5 year ban for an attempt to enter. She never really did so either she really doesn't have a ban or there More up the story.

Edited February 2, 2013 by baron555

[Bill and Tanya 18]

Okay something about this isn't making sense, if the gf never had any violations aginst US immigration why was a 5 year ban put aginst her. She could have withdrawn her request to enter the US, and there would not have been any ban put against her. Sorry but something isn't making sense here.

I did read his prior post.

As I outlined in my story, not once were we told that a "shopping permit" did not exist, and everyone continued with what appeared to be normal procedures. Had one person told us this, we would happily have turned around and gone back to the hotel.

[Xanax 349]

You can't file the waiver with the petition. Wait until she is denied, and have it ready to file the instant she is denied (she can hand it to them). Since in the end it was all a misunderstanding, she might not be denied at all.

I agree with Harpa on this It seems like the smart way to go!

[AmyWrites 593]

1. Get a lawyer. A GOOD one. Find recommendations on immigrate2us.net

2. Find out, if possible, why she has a 5 year ban... these aren't just given to people like that. She, sorry to say, must have some previous history with US immigration she hasn't told you about.

3. Never ever take advice from hotel managers on this again.

[LIFE'SJOURNEY 970]

Correct no one gets a 5 year ban for an attempt to enter. There is more to her immigration problems than what you have chosen to share. She could have withdrawn her request to enter and walked away without any penalties being applied to her.

Edited February 2, 2013 by LIFE'SJOURNEY

[LIFE'SJOURNEY 970]

As I outlined in my story, not once were we told that a "shopping permit" did not exist, and everyone continued with what appeared to be normal procedures. Had one person told us this, we would happily have turned around and gone back to the hotel.

Please understand your GF has not told you everything or else you are not sharing everything with us.

[baron555 934]

As I outlined in my story, not once were we told that a "shopping permit" did not exist, and everyone continued with what appeared to be normal procedures. Had one person told us this, we would happily have turned around and gone back to the hotel.

You also never offered to them that she had no visa.

What would Forest Gump say?

Please understand your GF has not told you everything or else you are not sharing everything with us.

Yep something is no aligning up.

[LIFE'SJOURNEY 970]

Yep many pieces missing, so I shall wait. :whistle: :whistle:

That's why she was calm, cool and collect when they had detained her.

Edited February 2, 2013 by LIFE'SJOURNEY

[belinda63 3,038]

I still think from the story that the US officials thought she was in Mexico illegally and attempting to enter the US illegally. It is not uncommon for persons to obtain a visa to Mexico, since it is much easier than obtaining a US visa, then entering the US illegally or for them to go to Mexico illegally and then attempt to cross into the US. There may also have been a bit of a communication gap, such as them perhaps asking something like "you have a visa? (meaning for Mexico) and her saying "No" (meaning for the US).

Nevertheless, you can't file the waiver until the visa is denied. This doesn't mean you can't have the package ready to send as soon as the consular officer says denied but you are eligible to file the I-601 waiver.

[Brother Hesekiel 2,236]

Here is why she got barred: Russian chick with American fiance meets in Mexican border town and attempts to enter the United States with her fiance to . . . "go shopping" in El Paso. Right. Need I be more specific? The moment they had entered the U.S., they could have gotten married and filed for AoS, so obviously some not-so-stupid CBP officer felt that this was a failed attempt to pull a truck load of wool over his head and acted accordingly, fair or not. If you run with a water pistol into a movie theater, don't be surprised if some people don't think that's funny.

Anybody who knows my posts knows that I don't talk around the subject spilling niceties around like wildflowers. The whole plan was crazy from the get-go, no doubt about it. Even crazier is that Ciudad Juarez processes more I-212 and I-601 waivers than any other consulate on planet Earth . . . combined (!), so doing this for a Mexican in Mexico is considerably easier than pulling this off in Russia. I agree with Harpa: that's not do-it-yourself territory. It will cost money, a lot of money.

[LIFE'SJOURNEY 970]

She may have be denied entry, but he stated she received a ban, so just asking for a visa does not give you a 5 yer ban.

Again, everyone is skirting the facts, a ban is no issued unless a law has been violated. Asking for a one day pass is not breaking any immigration laws.

She could have withdrawl her request to enter the US, and turned around and walk right back to the Mexico side of the POE, without a ban being issued. She came up in their computer and hey issued this ban based on what they saw there.

Op I am saying this again, either you don't have all of the facts or she was using someone else ID if your GF has never been in the US before.

Edited February 2, 2013 by LIFE'SJOURNEY

[Bill and Tanya 18]

I wanted to give this thread an update... Thanks to the assistance from several very wonderful members here on VJ, I submitted request to have the order of removal vacated. Today I received word that the order has been vacated. Thanks to everyone who helped with this, and gave such constructive advice.

Now on to the K1 process!