PLEASE HELP! DACA with prior deportation

[geowrian 22,337]

3 minutes ago, Rem79 said:

The information on this site suggests that he can apply for an AOS, if he first applies to obtain a lawful entry by using "advance parole" as a DACA recipient or he obtains a waiver, in which case an immigration attorney is necessary.  

 

https://citizenpath.com/after-i-130-is-approved-whats-next/

The moment he exits the US, the 9C bar kicks in. This differs from most DACA recipients. He is not eligible for a waiver until he has exited for at least 10 years.

Edited March 5, 2018 by geowrian

[Rem79 0]

2 minutes ago, cyberfx1024 said:

We are usually a lot more helpful than lawyers in a lot of cases. But this is also a public forum so expect the criticism that comes with that. You brought into this thread the personal aspect of it relationship wise so that is why people are commenting on that.

I get it, thanks!  I just feel like it's not helpful and it's unnecessary... 

[Boiler 45,731]

Just now, Rem79 said:

I get it, thanks!  I just feel like it's not helpful and it's unnecessary... 

It is free.

[Crazy Cat 41,982]

5 minutes ago, Rem79 said:

The information on this site suggests that he can apply for an AOS, if he first applies to obtain a lawful entry by using "advance parole" as a DACA recipient or he obtains a waiver, in which case an immigration attorney is necessary.  

 

https://citizenpath.com/after-i-130-is-approved-whats-next/

 

Immediate Relative Inside the United States

Generally, as an Immediate Relative who is inside the United States, you have the option of “adjusting status” to a permanent resident. (Although it is possible for Family Preference immigrants to adjust status, it is less common due to the wait times associated with the categories.)

Adjustment of Status

An individual that wants to change his or her non-immigrant status to immigrant or permanent resident status (green card holder) uses a process called Adjustment of status (AOS). Form I-485, Application to Register Permanent Residence or Adjust Status, is the primary form used in an adjustment of status (AOS) application. 

Although additional factors will be considered before approval an AOS application, the three fundamental requirements to adjust status require that you must:

• Be physically present in the United States.
• Have an approved alien petition. 
• Have a lawful entry to the United States.

Lawful entry means that the individual was admitted or paroled into the United States. For most people, this generally means that you entered the United States with valid documentation and made face to face contact with a U.S. immigration officer and that officer acknowledged your entry to the United States. If you entered with a valid visa, but that visa has since expired, you still had a lawful entry. DACA recipients that initially entered the U.S. without inspection with their parents can obtain a lawful entry by using advance parole. For other individuals that have an unlawful entry but otherwise meet the requirements to adjust status, a waiver may be available. For waiver cases, the guidance of an immigration attorney is highly recommended.

" At that same time, he signed something saying that he wouldn't return to the US.  He returned a few months later (early 1999) ".. That makes it a whole new ball game...

[Going through 5,671]

18 minutes ago, Rem79 said:

Was looking to see if there was anything that could be done to move from where he is (with the I-130 approval being the most recent hurdle jumped) to whatever is next.

As mentioned a few times in this thread----he gets divorced, goes to Mexico, waits out his ban, you petition him.  That's the only legal route right now.  He *has* to leave the US to "get over" the ban, so to speak....there's no way the ban is forgiven or anything like that without him leaving the country.

 

You may not like the answers you are getting----but no one here is leading you down the wrong path with their advice either....there's simply not many options open to you immigration-wise where he is concerned (other than remaining his mistress, and not his wife, should you both be satisfied with that).

 

 

Edited March 5, 2018 by Going through

[Boiler 45,731]

9 minutes ago, Rem79 said:

The information on this site suggests that he can apply for an AOS, if he first applies to obtain a lawful entry by using "advance parole" as a DACA recipient or he obtains a waiver, in which case an immigration attorney is necessary.  

 

https://citizenpath.com/after-i-130-is-approved-whats-next/

 

Immediate Relative Inside the United States

Generally, as an Immediate Relative who is inside the United States, you have the option of “adjusting status” to a permanent resident. (Although it is possible for Family Preference immigrants to adjust status, it is less common due to the wait times associated with the categories.)

Adjustment of Status

An individual that wants to change his or her non-immigrant status to immigrant or permanent resident status (green card holder) uses a process called Adjustment of status (AOS). Form I-485, Application to Register Permanent Residence or Adjust Status, is the primary form used in an adjustment of status (AOS) application. 

Although additional factors will be considered before approval an AOS application, the three fundamental requirements to adjust status require that you must:

• Be physically present in the United States.
• Have an approved alien petition. 
• Have a lawful entry to the United States.

Lawful entry means that the individual was admitted or paroled into the United States. For most people, this generally means that you entered the United States with valid documentation and made face to face contact with a U.S. immigration officer and that officer acknowledged your entry to the United States. If you entered with a valid visa, but that visa has since expired, you still had a lawful entry. DACA recipients that initially entered the U.S. without inspection with their parents can obtain a lawful entry by using advance parole. For other individuals that have an unlawful entry but otherwise meet the requirements to adjust status, a waiver may be available. For waiver cases, the guidance of an immigration attorney is highly recommended.

https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction

[mindthegap 2,590]

18 minutes ago, Rem79 said:

I was told by friends who have been through this process that this site was more helpful than their attorneys, who they ditched and finished it on their own... so, yes, I was optimistic that someone here may have some additional insight or information!

You have received some accurate (and free) advice.

 

Asking the same question multiple times won't give you a different answer.

 

 

[geowrian 22,337]

I'll just add that if there was a simple method for him to get AP, leave, and re-enter to file for AOS, then the lawyer would have suggested it. He makes more money that way (presumably) versus telling somebody to wait out the DACA decision or go home for 10 years...where he makes no future business, at least for a long time.

Edited March 5, 2018 by geowrian

[Rem79 0]

Just now, mindthegap said:

You have received some accurate (and free) advice.

 

Asking the same question multiple times won't give you a different answer.

 

 

Wasn't really trying to... just trying to explore all avenues and exhaust all options.  That's all!

[Going through 5,671]

2 minutes ago, Rem79 said:

Wasn't really trying to... just trying to explore all avenues and exhaust all options.  That's all!

Only other option than the legal immigration route we've outlined for you in this thread is that nothing changes and he remains here illegally and you remain his girlfriend (unless he gets divorced one day).

 

In addition, however, him marrying you won't make him automatically legal either since he would have had to enter with inspection first all those years ago to be able to adjust status based on your marriage (should the two of you ever marry, depending on if he ever divorced his wife).

 

 

[josue818 20]

Here is some info you should consider: 

 

First, I would FOIA USCIS, CBP,  and EOIR, once you get all your responses I would check to make sure it was a removal and not voluntary departure as the consequences of each are different. From what you wrote I would not definitely say he was deported as he was asked not to come back but yet told this is your one pass. 

 

Second, someone suggested Advanced Parole through DACA, obtaining Advanced Parole through DACA is NO LONGER possible, so if an attorney or another person tells you it is, IT IS NOT. 

 

Third, some people said that the marriage is not bonafide because he married her for the baby and not for love. That is still a bonafide marriage. Immigration law does not allow people to marry for an immigration benefit, but it could care less if you marry someone for money or a baby for that matter. 

 

Good Luck, but make sure that you guys think this through and talk to an experience attorney. People suggesting he should leave are right that he can request a waiver in 10 years, but they are almost impossible to obtain. That is why §212(a)(9)(C) is called the permanent bar. Please always be informed and search for competent legal advice. 

[Boiler 45,731]

19 minutes ago, josue818 said:

Here is some info you should consider: 

 

First, I would FOIA USCIS, CBP,  and EOIR, once you get all your responses I would check to make sure it was a removal and not voluntary departure as the consequences of each are different. From what you wrote I would not definitely say he was deported as he was asked not to come back but yet told this is your one pass. 

 

Second, someone suggested Advanced Parole through DACA, obtaining Advanced Parole through DACA is NO LONGER possible, so if an attorney or another person tells you it is, IT IS NOT. 

 

Third, some people said that the marriage is not bonafide because he married her for the baby and not for love. That is still a bonafide marriage. Immigration law does not allow people to marry for an immigration benefit, but it could care less if you marry someone for money or a baby for that matter. 

 

Good Luck, but make sure that you guys think this through and talk to an experience attorney. People suggesting he should leave are right that he can request a waiver in 10 years, but they are almost impossible to obtain. That is why §212(a)(9)(C) is called the permanent bar. Please always be informed and search for competent legal advice. 

Deported or voluntarily left would not matter

 

AP DACA update  link has been posted.

 

Waiver after the 10 years is from my obobservations is pretty easy to obtain, well I have yet to see someone not get one.

 

It is a permanent bar which is why it is called that, without a waiver that is.

 

 

Edited March 5, 2018 by Boiler

[mrandmrsBRS 116]

1 hour ago, Rem79 said:

I was told by friends who have been through this process that this site was more helpful than their attorneys, who they ditched and finished it on their own... so, yes, I was optimistic that someone here may have some additional insight or information!

That is true. Most cases are not that “complicated” though...

[geowrian 22,337]

14 minutes ago, josue818 said:

Third, some people said that the marriage is not bonafide because he married her for the baby and not for love. That is still a bonafide marriage. Immigration law does not allow people to marry for an immigration benefit, but it could care less if you marry someone for money or a baby for that matter. 

True that marrying for a baby is not an issue with immigration. Although I would point out that having a current girlfriend while applying for a benefit based on that marriage can have some significant issues, especially if she finds out. He can't complete the process without his wife even if he entered into the marriage for an acceptable reason.

 

6 minutes ago, josue818 said:

That is why §212(a)(9)(C) is called the permanent bar.

It's called the permanent bar because it is permanent unless waived (it does not expire on its own). An unwaivable permanent bar (like false claim to US citizenship) would be exactly that.

The likelihood to obtain the waiver is based upon the individual's case to present, but typically is obtainable by the vast majority of applicants.

[josue818 20]

10 minutes ago, Boiler said:

Deported or voluntarily left would not matter

 

AP DACA update  link has been posted.

 

Waiver after the 10 years is from my obobservations is pretty easy to obtain, well I have yet to see someone not get one.

 

It is a permanent bar which is why it is called that, without a waiver that is.

 

 

From what I hear in the legal community, it is not as easy as one may think to obtain a waiver to the permanent bar and I also did acknowledge that it is called the permanent bar, but as yall said there is a waiver.