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Posted

Hello,

Back in 2007 I did not leave on voluntary departure. I was ordered removed in 2007 and detained in 2012 when I was finally removed and have since been in El Salvador. Do I qualify to file the i-212 through my US Citizen spouse (along with the i-601)? Or since when does the 10 years ban start? once I left the US or once the removal order started in 2008 or 2012?

Posted

After you failed to depart under the terms of your voluntary departure order it automatically became an order of removal. You have a ten year bar from the time you departed the US, so are barred until 2022. I'm unsure as to whether this bar is waivable. You should consult an experienced immigration attorney. Also consider posting at http://immigrate2us.net since they have more experience of non-straightforward cases, which yours isn't.

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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

Filed: Timeline
Posted

Your spouse need to contact an atty. it goes back to reason you had to VD

in the 1st place, was it just for overstay & the fact you did not leave on VD.

2022 is when you can see some relief maybe...your wife will have to spend

part of the time in ES with you to hold the marreiage together while waiting

& she has to petition you B4 filing any waivers

 
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