Whats going on?

[Sweethope 2]

He entered the U.S. illegally. On a visa to Saint Martin. they said he rentered but he only entered once. HMF181818 DO you think Filing a solo I212 would be a good idea even though i have two years remaining under the bar. My spouses parents arent citizens. Hes brothers and sister are though.

[Sweethope 2]

Uscis did responsed to my email. They are saying I can get legal advise from lawyers who work pro bono. They gave me a list of attorneys. Im not sure exactly how that works. If someone can explain that would be great. Does this mean i would have to change lawyers? i have to boys I would rather spend 8 thousands clothing and feeding my childern then to give it to a lawyer. no offense they do work hard but thats money i could be spending on my childern.

[Boiler 45,402]

What is his Parent status?

He is what is called 9C which explains a lot, basically he has a lifetime bar waiverable after 10 years.

You will need a I 601, not that it differs that much from an I 212. So you have 2 choices, do the research and put together the waiver yourslef, you have time, or save up for a Lawyer.

[HFM181818 750]

If he entered illegally, left, then returned that could easily have triggered a 9C, and if that is true, you cannot even file a waiver until the ten years are up. For that, there is no exception.

[Harmonia 211]

Uscis did responsed to my email. They are saying I can get legal advise from lawyers who work pro bono. They gave me a list of attorneys. Im not sure exactly how that works. If someone can explain that would be great. Does this mean i would have to change lawyers? i have to boys I would rather spend 8 thousands clothing and feeding my childern then to give it to a lawyer. no offense they do work hard but thats money i could be spending on my childern.

Its worth a call to the legal aid organizations USCIS provided. You would call to see (1) if you qualify for services (based on income) and (2) if they take your kind of case. If so, you would switch lawyers, but the legal aid lawyer would be free. However, be aware that most legal aids prioritize immigration cases where there's domestic violence or the applicant is a victim of crime, or maybe DACA. Its pretty unlikely you'd find someone who would take your case. USCIS gives the same sheet to everyone.

http://www.justice.gov/eoir/list-pro-bono-legal-service-providers-map

BUT

If your husband entered twice without inspection ("illegally"/without a visa), then you can't waive his ban until 10 years has passed. You stated that he didn't, but USCIS says he did. Ok, so in their eyes, his lifetime ban can be waived (with an approved waiver) after 10 years outside the US. This makes more sense. You weren't denied due to lack of hardship or AP. What happened is he can't even apply for a waiver until 10 years have passed.

You should join immigrate2us.net where there's a lot more, better info on 9C bans, which is what it sounds like he has. What did the denial sheet say at his visa appointment at the consulate? What ban is checked?

Edited January 12, 2016 by Harmonia

[Boiler 45,402]

There is no legal aid, might get some help from somewhere like Catholic Charities.

[Sweethope 2]

Thats the thing. I didnt even know it was an interview. the consulate said we might need a wavier and to check the ceac website. He didnt give us any papers no sheets thats it. The status of his parents? One passed away from cancer last year and the other is very ill may God get her well soon. They are both citizens of jordan. i will consider the options you all have provided. Its a lot to think about. If i provide a wavier would it likely get denied?

He didnt not reenter he only entered once Our previous lawyer said we have to prove that he truely entered once.

[Boiler 45,402]

Why d they think he is 9C, why do they think he entered twice.

His Mother is a LPR? What is her immigration status?

[Harmonia 211]

There is no legal aid, might get some help from somewhere like Catholic Charities.

Huh? In my city, our legal aid has more immigration attorneys than Catholic Charities (who have 1) and primarily does direct service, not legal advocacy. It depends on the area, the agency, their particular staff capacity, and the facts of the case. So always worth a call.

[Harmonia 211]

Thats the thing. I didnt even know it was an interview. the consulate said we might need a wavier and to check the ceac website. He didnt give us any papers no sheets thats it. The status of his parents? One passed away from cancer last year and the other is very ill may God get her well soon. They are both citizens of jordan. i will consider the options you all have provided. Its a lot to think about. If i provide a wavier would it likely get denied?

He didnt not reenter he only entered once Our previous lawyer said we have to prove that he truely entered once.

Did he, or did he not, have a visa interview at the Consulate? There should be no confusion. He would get paperwork about "what to bring for your interview", do a physical exam and get documents to bring to the Consulate for the interview, etc. He would then interview for the visa and be approved or denied.

When they denied him, they gave him nothing?

Maybe you do not understand. You need to find out why they aren't giving him the visa before you consider any type of waiver. There are different bans. You need to find out the type of ban and that will determine how to proceed.

If he has a 9C ban, there is no waiver granted (and thus its pointless to apply) until he's been out of the US for 10 years. If "they are saying he reentered", then he has a 9C ban.

[Boiler 45,402]

Huh? In my city, our legal aid has more immigration attorneys than Catholic Charities (who have 1) and primarily does direct service, not legal advocacy. It depends on the area, the agency, their particular staff capacity, and the facts of the case. So always worth a call.

Link would be good, lots of people going through this process would I am sure like a free Lawyer, no need for VJ if there were such services.

[dwheels76 5,468]

Over the span of more than 20 years as a CO, I interacted with dozens of immigration attorneys....and none impressed me with their ethics. I know waivers are not usually billed by the hour....just a flat price (with the possibility for more, of course)....thus the client has no idea of how much actual time was spent on his or her waiver; all they hear is how complex the process is....which is laughable.

Yes, I did report this attorney to the State bar (and a few others while a CO)....a simpler solution to the predatory nature of immigration attorneys would be to merely eliminate the need for them, starting by eliminating waivers...period. A decision by Congress to do this would not cost the American taxpayers a penny! Not one cent. Now that's a good deal.

Why people seek out an attorney to help them complete, say, an I-130, remains a mystery to me. That form could be completed by a precocious 12 year old. Yet these noble practitioners charge in excess of $2500 for what amounts to about 17 minutes of actual work. Same for an I-129F (or any 129, for that matter).

Immigration attorneys work hard to try to find loopholes to keep visa cheats and border jumpers in my country, who then go on to take jobs away from Americans or engage in a life of crime. They help mask fraudulent marriages and lobby to take away all regulations from the H1b and L1 visas, so they won't have to worry about USCIS discovering their sleaze preparing petitions for bogus workers.

Wait....I have an idea....have Congress legislate an H5 visa, good only for foreign attorneys to come to the US and practice immigration law! They cannot charge more than $50 per hour, but so what? Immigration attorneys are happy to prepare applications for their clients who will claim to be earning the going rate, but in reality are paid about 1/3 to 1/2 of what an American worker commands. Let's flood the immigration attorney arena with foreign attorneys, then see how interested American immigration attorneys are still keenly interested in creating questionable documentation on behalf of a client who may well take that attorney's job.....I hope Congress legislates this new visa into action tomorrow.

I so agree. I love this. Let's get it done. Even though Congress would be like HUH!!

[Harmonia 211]

Link would be good, lots of people going through this process would I am sure like a free Lawyer, no need for VJ if there were such services.

I gave the link earlier...the USCIS document that (presumably) is what the OP referenced. Legal aid absolutely covers immigration, but as I stated the priority (set by each organization) is typically DACA and services for victims of crime or domestic violence. And you have to be low income. I suspect many at VJ would not qualify.

http://www.justice.gov/eoir/list-pro-bono-legal-service-providers-map

[Sweethope 2]

Did he, or did he not, have a visa interview at the Consulate? There should be no confusion. He would get paperwork about "what to bring for your interview", do a physical exam and get documents to bring to the Consulate for the interview, etc. He would then interview for the visa and be approved or denied.

When they denied him, they gave him nothing?

Maybe you do not understand. You need to find out why they aren't giving him the visa before you consider any type of waiver. There are different bans. You need to find out the type of ban and that will determine how to proceed.

If he has a 9C ban, there is no waiver granted (and thus its pointless to apply) until he's been out of the US for 10 years. If "they are saying he reentered", then he has a 9C ban.

No thats why im confused our case was closed. We went refile a new i130. We brought the old approved i130 with us. We told the consulate we had the old approved i130 from 2006. He asked to see it. he told us to hold on and left. he came back 5 mintues later saying he reopened the case and to track the CEac website. he said You might need a wavier. he didnt specify which wavier and when to file. thats it. we didnt know that was an interview we didnt give them any documents. is was quick and i went home and found out i was put under AP.

[Sweethope 2]

Why d they think he is 9C, why do they think he entered twice.

His Mother is a LPR? What is her immigration status?

Im sorry what LPR. she filed for a visa application last summer but was denied at the interview they told her to have one of her childern apply for a visa for her.