Please HELP!! How do i know if I'm banned?

[Jose1989 1]

Hello everyone I would really appreciate it if you could all assess me on my husbands current situation how may I know if my husbands has been given a banned period. All we know is he received  voluntary departures twice. and what chances of him getting approved for a visa are there? And if it helps he has a felony for carrying a concealed weapon 11 years ago which was given probation for 2 years and he violated however was reinstated after turning himself in and spending 3 months in county jail. PLEASE HELP ME ! What are our chances we are about to send all necessary documentation next week to NVC.   

[Hypnos 6,576]

He will find out his relevant bars at his visa interview after the denial.

[Jose1989 1]

Thank you Hypnos for your rapid response however is there a possibility I can may know before the interview. this is what the voluntary departure and verification of departure paper states in bold captions.

NOTICE: The Immigration Judge's Alternate Order of Removal will take effect if the alien does not depart within the time specified. Failure to depart on or before the specified date may result in the withdrawal of voluntary departure and action being taken to effect your removal. A warrant for your arrest will be issued if this office has not received verification of your departure by the specified date. Failure to depart on or before the specified date may also subject you to a possible civil penalty of not less than $1,000 and not more than $5,000, and render you ineligible for a period of 10 years for any further authorization for voluntary departure or for relief under sections 240A, 245, 248, and 249 of the Immigration and Nationality Act.

 

Additionally, if an Immigration Bond has been posted on the alien, the DHS will initiate the appropriate action in accordance with the terms of the executed bond and any attached rider or riders specified.

[bakphx1 789]

I don't know the mechanics of how to do it, but others have mentioned doing a FOIA request to find out what CBP has in their systems about them and getting the info successfully. 

[geowrian 22,337]

1) Did he abide by the terms of the voluntary departures?

2) Did he enter without inspection? If so, how many times and for how long (potential 9C bar)?

3) The felony (plus violated probation) may or may not be considered a CIMT. I'm leaning towards yes. This may require an I-601 waiver for the ban.

Edited April 1, 2018 by geowrian

[Boiler 45,572]

Wonder if he is 9C?

 

How long has he been gone.

[Jose1989 1]

Thank you every body for you alls response!! He however did abide by the terms due to him being under custody and being escorted by officials on both voluntary departures. His first entering was brought in into the US as a child and due to his criminal offenses previously mentioned he was turn in to immigration for immigration procedures. After departing US in 2010 on a voluntary departure he decided to try to come illegally to the US at that point he was apprehended before entering the US by border patrol he remain in custody for about 2 months or so and given a second voluntary departure and assess by the judge to start a immigration process soon after his departure. And yes both enterings were without inspection. So do you all think this plus his criminal record have a bad affect on his decision in his interview? What are his chances of getting approved?

[Jose1989 1]

BTW his been gone for 7 years now since his second voluntary departure and 8 years from his 1st.

[Boiler 45,572]

Sounds like 9C so another 3 years before you are eligible for a waiver. Are you Border living?

[Jose1989 1]

Yes we are. its better than living far apart from each other but it is very frustrating to be crossing with long wait times to cross but it is well worth it. But it does still suck very much!

[geowrian 22,337]

Agreed...sounds like a 9C bar. This is waivable only after being outside the US for at least 10 consecutive years. Until then it's an unwaivable inadmissibility.

 

So for now there's nothing to do really.

Once the 10 years are up, he can proceed and get refused the visa due to the inadmissibility (9C + potential CIMT). Then the petitioner can file a waiver. This is not DIY....seek the skills of a good immigration attorney that deals with waiver cases.

Edited April 1, 2018 by geowrian

[Boiler 45,572]

Have you consulted with a Lawyer, obviously a complicated case.

[Hypnos 6,576]

Agree on the 9C, with high probability of more on top with an aggravated felony. 

 

Definitely not DIY. 

[Jose1989 1]

 Thanks for the advise! No I have not consulted a lawyer money is a very large issue but I guess I will have to see what I can do.

[pushbrk 12,910]

Chances are, you will decide not to fight the bar if it is 10 years and up 3 years from now.  At least a consultation with a qualified immigration attorney who has dealt with deportations, is well worth your time and money.  Then, follow their advice.