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El Mayimbe

Is it possible to have 10year ban removed

By El Mayimbe in Waivers (I-601 and I-212) and Administrative Processes (221g)

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El Mayimbe Apprentice

El Mayimbe   6

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
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Posted

My sister in law is a LPR. Her fiance was deported 2 years ago and has a 10 year ban from US. If she marries him can this ban be removed or pardoned? His home country is Portugal. Thanks for responses.

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Cathi Veteran

Cathi   5,753

Posted
Filed: Citizen (apr) Country: Jordan
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Posted (edited)

what is the ban for? Just because they marry a ban will not be forgiven. Depending on what the ban is for she would petition an i130 for cr1 and he will be denied at the interview and she can file a hardship waiver. But without not knowing the background of the case there is no way to answer you question

EDIT

I just noticed she is an LPR and not a citizen. I am not sure if an LPR can file a hardship waiver. I will let one of the more experienced members chime in.

Edited by mimolicious


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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
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Moved from Bringing Family Members of Permanent Residents to America forum to Waivers forum.

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BeataO Apprentice

BeataO   2

Posted
Filed: F-2A Visa Country: Poland
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Posted

Yes LPR can file a hardship waiver, but I suggest to get a very expirence attorney, don't do this on your own, it's a very complex and time consuming matter. Just like mimolicious wrote, first I-130 needs to be file after they marry, and after visa is denied at the interview they can file the hardship waiver. But, Please remember that not everyone can be pardoned with a waiver, they need to find out before they do anything what is the ban for and if a waiver is available for him.

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

It would depend on the exact provision they were barred under.

If simple overstay - yes; if something like a 9C bar - no.

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El Mayimbe Apprentice

El Mayimbe   6

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
  • Author
Posted

It would depend on the exact provision they were barred under.

If simple overstay - yes; if something like a 9C bar - no.

Thanks for all the responses.

All I know is he overstayed more than a year and was picked up on a traffic violation and was deported.

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Ontarkie Grand Master

Ontarkie   14,226

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Filed: Citizen (apr) Country: Canada
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Posted

~~One post removed for hijacking thread, please do not post in other members threads it can cause confusion with replies~~

Spoiler

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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Depend on what he's banned for...Large scale drug trafficking, murder etc (just info)

NO........however a LPR can file waiver even a fiancée,if its overstay or misrep its

possible but you need a waiver atty to sort this out definately

LPR's can't use the i 129F form no K visas so they can't get the denial at interview to file the wavier as an LPR

This will not be over quickly. You will not enjoy this.

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