Juarez Mexico interview July,20th Chances of denial?

[Delgado15 0]

This is my first time (Trying to start a new topic) so i hope ive done this the correct way Ok So i am a US citizen I moved to mexico two years ago with my Mexican husband We now have a son together who has a double citizenship My husband entered and lived in the United states illegally for 10 years He never got in any kind of trouble at all with the law and He left voluntarily (Back to mexico)

So my question is (FROM your experience what are the chances my husband will be denied his green card at his interview?) My lawyer has told me and my husband he will be denied Because his illegal entrance and stay in the U.S and that we will need to file a waiver after denial..... So im looking for any little bit of hope?? Do any of you know anyone who has been in a same situation as us and was still approved??

[KayDeeCee 4,893]

He would have a 10 year bar for being illegal for over a year. The CO will deny because that means he is inadmissible. The CO will let you know if he is eligible for a waiver.

https://travel.state.gov/content/visas/en/general/ineligibilities.html#visa

Visa Ineligibilities

...

(A) ALIENS PRESENT WITHOUT admission or parole.-

(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

https://travel.state.gov/content/visas/en/general/ineligibilities.html#waivers

If you are ineligible for a visa based on one or more of the laws listed in Section 212(a) of the Immigration and Nationality Act, you may be able to apply for a waiver. The visa category that you are applying for will determine whether a waiver of ineligibility is available. The consular officer interviewing you will tell you if you may apply for a waiver and will provide detailed instructions for how to apply.

Read all the info through links and instructions here > https://www.uscis.gov/i-601

~ Moved from K-1 Process to Waivers and Administrative Processes - topic not about K-1 process, but rather needing waiver for spousal visa ~

[Jawaree 717]

Your atty is correct....when waiver is filed you must show hardships, & why you cannot

continue to live in Mexico...example crime, wanting a better educational/medical system

for the child, if theres language barriers & you are unable to work put it in the waiver,proofs

are needed for all the atty arguments in the waiver

[Boiler 45,499]

chance of denial - 100%

[Delgado15 0]

Thank you all I just felt I needed to hear it from others to really believe

[Zurdo 14]

You should get a second opinion. The 601 and 601a waiver is for people who have come to the US WOI. I'm not sure if it's because he left that he got the automatic 10-year bar. But I would get a second opinion from a good attorney. And if that was the case you should still file. It will really suck if in 10 years say to yourself if we would've file you would have your green card now. 

[Jawaree 717]

He will eventually get one depending on what bars he has, its just that you'll have to continue

living there with him since the process takes time  (if you choose to) after CO denies visa you will find out

when the waiver can be sent in...That would be an  I601 & 212 waivers. Those outside the USA

are not able to apply for I 601A