Please Help - I-601 and I-212?

[JSeeps 0]

Hello all. This is my story. I am an American citizen (originally born in Trinidad) and I met the love of my life back in 2005 when I was just 17 years old. He is a Canadian citizen (also originally from Trinidad) and while he was visiting his family in Florida, we hit it off and we began dating. During 2005 and 2011, he would travel back and forth to see me, but mostly staying here in Florida as much as he could. So fast forward 6 years later. On October 12th 2011, while he was flying into Miami from Trinidad (he went to visit family), he was detained and banned under section 212(a) 7(A)(i)(I). He had overstayed by 1 year, 5 months, and 25 days. He was sent back to Trinidad and then he booked a flight to go back home to Canada. Between Oct 2011 and Sept 2013, I was very depressed (I still am, I cry everyday) and I just didn't know what to do to bring him back home. I focused on school, I graduated from college, and now I'm in the process of applying to Grad school. However, none of it matters if he can't be here to enjoy it with me. So in September 2013, I flew to Canada and we got married. I filed an I-130 in Sept, however I didn't receive a I-797C until February 11th, 2014. I'm not sure why it took 5 months to be received. Anyway, now I was just informed by my lawyer that he needs an I-601 and an I-212? I'm not sure if he needs both, can anyone guide me on that? Also, can I file the waivers here in the US with my lawyer or does he need to file the waivers in Canada? Any help or guidance would be greatly appreciated. I just really want him to come home so we can finally spend our lives together. This separation is so hard and my heart hurts every single day that goes by. If anyone can help me, I would really appreciate it. Thank you very much.

[aleful 1,905]

hi

it depends, was he deported? if he was removed or deported, then yes, he needs both waivers and you will file a hardship letter

read the guides. the ti601 is for illegal presence for more than 1 year, he had a 10 year ban, he should never have tried to return.

after leaving the country, he incurred in a 10 year ban.

the waivers and the hardship letter are needed after the interview. he will receive a letter stating if he qualifies or not for the waivers and the hardship letter

[JSeeps 0]

Hi. Yes he was deported in October 2011. He received a 5 year ban, not a 10 year ban. I guess he didn't realize he stayed so long in FL when we went on vacation to Trinidad. He was not banned before then. Also, can I file those waivers for him in FL?

[aleful 1,905]

hi

the 10 year ban is for illegal presence of more than 1 year in the US, he might have been banned for 5 years, that could mean that you cannot file before the 5 year ban is up

you should definitely consult with a reputable attorney, because he might be denied and have to wait the five first years out of the country, and then you could file for him

I'm not an attorney, so I'm not sure if you can file now and then he would be eligible to file for the waivers or if he has to wait 5 years before you can file for him

once he has had his interview and eligible for the waivers, there are PO boxes in the US where the forms should be sent with the hardship letter

you are getting ahead of yourself and that's why it is important to read all the guides to become knowledgeable about the process, since you have a long way to go

[RhettVoe 282]

He is inadmissible...from overstaying and from apparently being removed expeditiously...so it looks like he will need an I 212 and an I 601...that's the price of not obeying our laws.

how does somebody 'forget' that they haven't been home in a year and a half????

[JSeeps 0]

There's no need to be rude or to judge. I got my answer. Thank you very much

[belinda63 3,047]

You file the waivers which will show why you, the US citizen:

1. Will suffer extreme hardship if your spouse is not permitted to immigrate to the US.

AND

2. Why you cannot move to another country to be with your spouse.

[dwheels76 5,469]

There's no need to be rude or to judge. I got my answer. Thank you very much

Also go over to the http://immigrate2us.net website that's the site that's excellent for waiver filers and you can get some good tips. Wishing all the best.

[spookyturtle 9,466]

Hi. Yes he was deported in October 2011. He received a 5 year ban, not a 10 year ban. I guess he didn't realize he stayed so long in FL when we went on vacation to Trinidad. He was not banned before then. Also, can I file those waivers for him in FL?

Was he deported or was he refused entry?

[Jawaree 718]

Ignore the rude comment...its always like that with the individual,

but sometimes a refused entry can come up as a deportation during

the process due to what CBP put it as, many attys will recommend both

waivers in case this happens...U should consult with a good knowledgable

waiver atty, be prepared to prove your hardships without him here & Y U

cant go live with him in Canada a 1st world country....community ties,wanting

to have kids, continuing your education, psychological trauma,not able to

leave your job here. nor work in Canada (documented ) can be good points

in your atty brief..good luck sis