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Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted

My husband and I are in the process of filling out his visa application. He has been deported 3 times. His last deportation being August 2013. I know we will have to file waivers in order to get him back. Do you go to the interview and get denied and then fill out the waivers? I don't want to spend all the money if he is not even eligible for a waiver. My lawyer said that he has a great chance of coming back if they say we can fill waivers.

Posted (edited)

Correct. He will be denied at the interview, and then can file the waivers.

He will need at least an I-212, and maybe more. Bear in mind that if he has a 9C bar, which means he was deported and then re-entered again EWI (or overstayed for at least a year, left, then EWI) then he has a lifetime bar from the US for which he cannot file for a waiver until he has spent at least ten years outside the US.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

  • 3 weeks later...
Posted

We have a similar situation with one deportation six years ago. We were approved at our interview but then denied three weeks later saying we needed to apply for a waiver. So we filed an I-212 waiver and were approved in three months. But the approval is now somewhere in a dark hole between the States and Embassy in Honduras. I would suggest you get your Senator involved. Ours has helped immensely, keeping pressure on USCIS. Is it worth trying? I would say yes.

 
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