Will he recive the option to file a waiver?

[AndEdu 0]

Hello all..new to this forum...QUESTION ????? My fiance has enterd the U.S on three occasions illegally and has been deported all three time on a voluntary departure. When I asked him if he went to INS court or recived any paper work from the INS he said ( no ) that all the asked is if he had a green card or legal rights to be in the U.S. When he replied no they took finger prints and told a large group that was aiting in a large room.... if you want to go back to Mexico sign here for a voluntary dept. and off they all went. Same situation all 3 times... nothing different. Oh they did say you can try to apply for a visa to come back..... I dont get it...he has no idea if he has a ban of 3 or 10 yrs or if any???? I would think if he had been caught 3 times they would of put him in jail or held him for deportation and he would go through the INS court system and see a INS judge. We live in San Antonio Tx so the Mexico border is a hop,skip,jump away. Not a big deal to drive them all across. We now have a 1 yr old girl and now he wants to do things right for her..and of course me ( wife to be ) The only thing he has is 1 DWI 1 1/2 years ago that he did 1 yr probation and compleated it with no problem/paid all fines. I am now in the process in filing the fiance visa my self.....hopeing it will be approved and at that time of his interview he will be denied and then recive the option to do the waiver I-212/I-601 .... PLEASE GIVE SOME HOPE..... Will that be an option for him????? How will we ever know,if all or any of his voluntary dept counted againts him??? The INS never explained anything to them once thier in coustody. Any answers??? 1st time volu dept 6 yrs ago 2nd time 4yrs ago and the third time May/2007. He could not recall if they asked him how long he had been in the U.S. so I dont know the answer to that. HELP!!!!

[kitkat1 5]

Hello all..new to this forum...QUESTION ????? My fiance has enterd the U.S on three occasions illegally and has been deported all three time on a voluntary departure. When I asked him if he went to INS court or recived any paper work from the INS he said ( no ) that all the asked is if he had a green card or legal rights to be in the U.S. When he replied no they took finger prints and told a large group that was aiting in a large room.... if you want to go back to Mexico sign here for a voluntary dept. and off they all went. Same situation all 3 times... nothing different. Oh they did say you can try to apply for a visa to come back..... I dont get it...he has no idea if he has a ban of 3 or 10 yrs or if any???? I would think if he had been caught 3 times they would of put him in jail or held him for deportation and he would go through the INS court system and see a INS judge. We live in San Antonio Tx so the Mexico border is a hop,skip,jump away. Not a big deal to drive them all across. We now have a 1 yr old girl and now he wants to do things right for her..and of course me ( wife to be ) The only thing he has is 1 DWI 1 1/2 years ago that he did 1 yr probation and compleated it with no problem/paid all fines. I am now in the process in filing the fiance visa my self.....hopeing it will be approved and at that time of his interview he will be denied and then recive the option to do the waiver I-212/I-601 .... PLEASE GIVE SOME HOPE..... Will that be an option for him????? How will we ever know,if all or any of his voluntary dept counted againts him??? The INS never explained anything to them once thier in coustody. Any answers??? 1st time volu dept 6 yrs ago 2nd time 4yrs ago and the third time May/2007. He could not recall if they asked him how long he had been in the U.S. so I dont know the answer to that. HELP!!!!

When someone has illegal presence in the US, the ban depends on the amount of time they were illegal in the country. Between 180-364 days = 3 year ban. More than one year, 10 year ban. Doesn't matter if they told him clearly - it's the law. In these cases, a 601 waiver is available if the USC can prove extreme hardship if the fiance/spouse's visa is denied. Voluntary departure does not require a 212 waiver.

Sorry to be the bearer of bad news but your problem is that he re-entered after he was illegally present. In these cases, no waiver is available for 10 years. While your I-129F will be approved, once he gets to the interview in Ciudad Juarez they will tell him he is not eligible for a waiver and to come back and reapply in 2017. Considering that he was given voluntary departure three times, and that you are required by law to tell the truth on all forms, lying is not an option.

http://www.americanlaw.com/exclud9A.html

Aliens Unlawfully Present After Previous Immigration Violations

INA §212(a)(9)© provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States and if, prior to the alien's embarkation, the Attorney General has consented to the alien's reapplying for admission.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible