I-212 I-601 forms, please advise.

[Stacey smithem 0]

Okay heres my story.

I went to the U.S. on Sept 2015 (from my home country the UK)with my son (who is now 15) to visit my fiance on a visa waiver. We got married on november 2015.  I applied I-485 and I-130.  Was refused due to lack of evidence, a year later my son and I were approved the I-797 petition of alien relative I-130.

In November 2019 I was arrested for domestic violence, the charges were dropped, I was bailed out but ICE detained me and I spent 2 months in jail while they got the paperwork to send me and my son back. 

I got deported on 17th of January 2020. As I overstayed on the visa waiver and wavered all my rights to a trial by using the visa waiver.

ICE gave me and my son papers just before we boarded the plane me and my son were given papers for a 10 year bar from returning to the U.S. 

I have messaged several lawyers asking for information on what papers I need to file to lift the 10 year bar, but have got a few different answers, some have said I need an I-601, and others saying an I-601 and I-212,  and of course quotes of around $7,500 to get the bar lifted.

I would very much appreciate any information on the papers needed, experience people here have had regarding the 10 year bar.

I have no criminal history in the U.S. or the UK.

Me and my husband are distraught at being apart and miss each other very much.  

[Boiler 45,740]

Lets start with the obvious solution, could he move?

 

Son

So assuming he was deported then yes he would need an 1 212, no overstay ban because he was under 18 and has not accrued illegal presence.

 

You

Well deportation as above plus a 10 year ban for overstaying so both I 212 and I 601. The tricky but is how the DV  will be viewed.

 

Has your Husband done anything, seems you have an approved I 130. The fees quoted do not sound unreasonable given the situation.

 

[Crazy Cat 41,985]

1 hour ago, Stacey smithem said:

Okay heres my story.

I went to the U.S. on Sept 2015 (from my home country the UK)with my son (who is now 15) to visit my fiance on a visa waiver. We got married on november 2015.  I applied I-485 and I-130.  Was refused due to lack of evidence, a year later my son and I were approved the I-797 petition of alien relative I-130.

In November 2019 I was arrested for domestic violence, the charges were dropped, I was bailed out but ICE detained me and I spent 2 months in jail while they got the paperwork to send me and my son back. 

I got deported on 17th of January 2020. As I overstayed on the visa waiver and wavered all my rights to a trial by using the visa waiver.

ICE gave me and my son papers just before we boarded the plane me and my son were given papers for a 10 year bar from returning to the U.S. 

I have messaged several lawyers asking for information on what papers I need to file to lift the 10 year bar, but have got a few different answers, some have said I need an I-601, and others saying an I-601 and I-212,  and of course quotes of around $7,500 to get the bar lifted.

I would very much appreciate any information on the papers needed, experience people here have had regarding the 10 year bar.

I have no criminal history in the U.S. or the UK.

Me and my husband are distraught at being apart and miss each other very much.  

I am curious about something (or I misunderstood).  When was your I-485 denied? 

 

 

"Tales of the Green Card"

[Stacey smithem 0]

We own a house there, where I am now is very expensive to buy a house. 

He has family there, children, mum, dad, cousins.

Has my husband done anything?

I don't understand ?

Yes we have the approved I-130

I have researched a lot and was wondering if it would be a good idea to do this myself.

My I-485 was denied about 3 yrs ago.

Edited February 10, 2020 by Stacey smithem
Extra info

[Boiler 45,740]

Well they can be done by yourself, other people have, I just wondered if that was realistic taking into account your history so far?

 

Has your husband kept the I 130 alive, redirected it for consular processing?

[Stacey smithem 0]

Kept it alive? I thought that you had to reapply again once it had been refused.  

[Boiler 45,740]

You said your adjustment was refused, well they most likely issued a RFE which you did not follow up with.

[Stacey smithem 0]

Yes I do remember them sending a RFE which I sent more information but must have not been enough for them. I thought that I had researched enough and sent in the relivent papers.

[Boiler 45,740]

Well adjusting status is relatively easy, waivers are much harder which is why I am wondering if it would not be better for your Husband to use a Lawyer.

[Stacey smithem 0]

So I'm assuming my I-485 has been timed out.

I thought that I would still have to apply to remove the ban showing extreme hardship regardless of the status of the I-485?

 

[Crazy Cat 41,985]

1 minute ago, Stacey smithem said:

So I'm assuming my I-485 has been timed out.

I thought that I would still have to apply to remove the ban showing extreme hardship regardless of the status of the I-485?

 

Your I-485 is history.....now, your only options are to get approved waivers and attain an IR-1 spousal visa.

[Stacey smithem 0]

Okay Thank you both so much.

I will start to gather the correct forms, information and forms needed.

[Crazy Cat 41,985]

1 minute ago, Stacey smithem said:

Okay Thank you both so much.

I will start to gather the correct forms, information and forms needed.

I think @Boiler is correct.  You might want an experienced attorney...good luck.

[Boiler 45,740]

http://www.scottimmigration.net/content/i601memo

 

This is a reader to get you started.

[Stacey smithem 0]

Thank you!

I have another question, I have the I-797 notice of action papers:

Case type I130 - petition for alien relative.

Type notice: Approval notice

Section: husband or wife of us citizen, 201b (b) INA

 

Type notice: Approval notice

Section: unmarried child (under age 21) of us citizen, 201(b) INA

Are they invalid? 

I have looked at IR1 and it says to file an I-130.