Expedited removal/ unauthorized employment

[kapsulik 0]

I had an expedited removal section 235(b) (1) under 212 (a) 7 (A) (i) (I) in April 2012. I was engaged in unauthorized employment. I am barred from entering the US for 5 years. Now I am married with USC since June 2012. We got our I-130 approved and now sent our docs to NVC. What are my chances to remove 5-year ban at the interview and reunite with my husband?

[MedRoni 161]

It most likely depends on the details of your unauthorized employment... when, why, how, for how long, etc.

Can you elaborate?

[canadian_wife 1,826]

An I212 will be needed for the expedited removal and an I601 for the ban, you need a lawyer

the 'chances' will depend on your case

good luck

[Brother Hesekiel 2,236]

I had an expedited removal section 235(b) (1) under 212 (a) 7 (A) (i) (I) in April 2012. I was engaged in unauthorized employment. I am barred from entering the US for 5 years. Now I am married with USC since June 2012. We got our I-130 approved and now sent our docs to NVC. What are my chances to remove 5-year ban at the interview and reunite with my husband?

You'll need two waivers, the I-212 and the I-601. The reasons that would work for one waiver is the same that would work for the other one. Your husband will have to prove the following two things:

1) that your inability be with him in the United States would pose an incredible and untoward hardship for him

2) that he cannot live with you in your country.

If you are a quadriplegic in a wheel chair and your husband has been the sole care taker and provider for you for the past few years, you have a great chance to pull this off, otherwise, not so much. While it's relatively easy to get those waivers approved if you are a Mexican applying at Ciudad Juarez, it's extremely difficult otherwise. You absolutely need a competent waiver attorney, and be prepared to spend anywhere between $8K to $25K for just the chance to be successful.

If your husband married you knowing that you are not allowed to set foot on US soil again 'til 2017, it's hard to argue hardship. If you didn't tell your husband that you have been a bad girl, it's proof that your marriage is not bona fide but was entered into in order to provide you with immigration benefits to the United States. Prepare for a long uphill battle on this on or just do a 5-year gig in Russia instead and save a ton of money.

Edited March 13, 2013 by Brother Hesekiel

[kapsulik 0]

It most likely depends on the details of your unauthorized employment... when, why, how, for how long, etc.

Can you elaborate?

I came to the US in July 2011 under B1/B2. My friends whom I knew since 2006 have invited me to visit them. I have visited them several times before. While I was there they asked me to help them. They needed someone to replace their colleague. They said they would apply for H1B for me in November. Till that time I helped them around the office without pay. First time I got paid two and a half months after. I quit and left home in December 2011. I decided to come back in April 2012. I have already been dating my future husband then. So, I was deported from US because of engagement in unauthorized employment and barred for 5 years. In June 2012 we got married and now our I-130 approved, docs sent to NVC and soon I should have the interview. I am worrying about questions which they're going to ask me and chances that they will remove my ban.

[NigeriaorBust 4,087]

They will not remove your ban just because you married a USC. You can wait out the ban, or your husband can file 2 waivers and try to get the ban removed. The waivers are not something people take on by themselve successfully. You will need a lawyer and the cost will be between 5 and 10 thousand probably.

Edited March 13, 2013 by NigeriaorBust

[Michell 3]

How do you know you have a 5 year ban for unlawful employment? Similar situation happend to my husband but he was not deported. His tourist visa was revoked at the Tijuana border and denied entry to the U.S. because they found reason to believe he was working in the U.S. He said they did not tell him if he had a ban or not. However, they handed him a document stating inadmissible to the U.S. pursuant to section 212(a)(7)(A)(i)(I). Same code as yours. I'm just wondering if we will have to file a 601-waiver as well due to this. He has not had his interview yet. I've just paid the fee bills and we are still in the process.

Best wishes to you with your visa journey!

[Ana & Cesar 5]

They will not remove your ban just because you married a USC. You can wait out the ban, or your husband can file 2 waivers and try to get the ban removed. The waivers are not something people take on by themselve successfully. You will need a lawyer and the cost will be between 5 and 10 thousand probably.

Hi, me & my husband were married in May 2012. He was on a 5yr ban with the same code as the above here, but was already over in Feb. of 2013. The reason for his ban was unauthorized stay for 2.5mos or overstaying on his previous visit in the US. We waited until the 5yr ban is over before I filed the petition. His petition just got approved recently and we are now waiting for an interview in Manila where he is right now. Do you think they will still require us to file a waiver? Pls. advise.. thanks...

[Jawaree 718]

He'll need both waivers after interview when the CO give him a denial on visa

and 221G for waiver, its not a matter of just filling in forms U need a waiver atty

to help with the process....some accept payment plans & waivers now take 6.5-9 mths

As long as you have no criminal past anywhere in the world its doable with your

atty filing waivers, just be prepared to show Y she cant come live with you and Y U

have to be with her here in the US. There is no rule someone must be ill or dying,

its helps, but look at the thread at immigrate2 US, mamy have oversome with an atty

and good hardships everyday...good luck dude