I-130 for parent

[Miguel1199 0]

Hello my mother was deported and had a 10 year ban for past mistakes. I went ahead and submitted form I-130 on 05/21/2020 got IOE # 05/22/2020 and it is at Nebraska service center would she also need to request a waiver or since her 10 year ban up its a normal process? Thank you 

[geowrian 22,338]

If the 10 year ban is expired and there are no other issues, then no waiver is needed.

[Miguel1199 0]

4 minutes ago, geowrian said:

If the 10 year ban is expired and there are no other issues, then no waiver is needed.

Okay great!

so we did the right thing by submitting the I-130 on 05/21/2020 and got the receipt number notice on 05/22/2020

[Miguel1199 0]

9 minutes ago, geowrian said:

If the 10 year ban is expired and there are no other issues, then no waiver is needed.

Also sorry what other issues could there be? Thank you 

 

[geowrian 22,338]

4 minutes ago, Miguel1199 said:

Also sorry what other issues could there be? Thank you

Any other possible inadmissibility - criminal, medical, public charge, security, misrepresentation, etc.

I'm not suggesting there is any reason to believe those others to apply, but they are possible. I don't know her life details to tell.

[Miguel1199 0]

6 minutes ago, geowrian said:

Any other possible inadmissibility - criminal, medical, public charge, security, misrepresentation, etc.

I'm not suggesting there is any reason to believe those others to apply, but they are possible. I don't know her life details to tell.

No she had her Gc since 1987-2007 

she made a mistake and it was revoked and she was given a 10 year ban.. we also got her FOIA file first Thats how we knew she was issued a deportation order with the ban im hoping everything goes smoothly and I have good income so that shouldn’t be a issue 

[Cyberfx1024 7,980]

22 minutes ago, Miguel1199 said:

No she had her Gc since 1987-2007 

she made a mistake and it was revoked and she was given a 10 year ban.. we also got her FOIA file first Thats how we knew she was issued a deportation order with the ban im hoping everything goes smoothly and I have good income so that shouldn’t be a issue 

What was the mistake if you don't mind me asking? What @geowrian is referring to is if she was convicted of a serious crime then it could be more complex

[NancyNguyen 1,658]

It is unusual a green card is revoked with 10 years ban, there must be something else.

[Lucky2Lucky 2,526]

A mistake can be going through a red light or killing someone. Depending on her “mistake” there may be more consequences...

[belinda63 3,046]

They don't just "revoke" your green card without a good reason. Care to share?

[SusieQQQ 11,587]

Yeah, some clarification would help. Was it a criminal mistake that led to revocation and the ban, or something “milder” like having been found to have abandoned residence and then overstayed after a removal order? 

[geowrian 22,338]

As others above noted, there are 2 issues at play here:

 

1) The deportation. This carries a bar which appears to have expired. So this is not an issue for an immigrant visa now.

 

2) The cause for having a previous green card / permanent residency revoked. This may or may not be a reason for being inadmissible for a new visa. This did not just disappear when the deportation happened or bar expired.

For instance, if it was due to an aggravated felony, that criminal offense is likely to still be a reason for being barred from any visa.

If it was due to having abandoned status, this would not be an issue for a new visa.

[Miguel1199 0]

Long story short .. when she was driving across the border a person that was with in the vehicle I guess didn’t have proper documentation that she wasn’t aware of  so they charged her for smuggling  she was let go in United stats and had a court hearing but she never went due too a family member passing away and she crossed back and never was able to come back. We didn’t know much until we requested her FOIA file and it has checked that she was issued a order of deportation and a 10 year ban with no way to benefit from any immigration benefit until it’s up. 

17 hours ago, geowrian said:

As others above noted, there are 2 issues at play here:

 

1) The deportation. This carries a bar which appears to have expired. So this is not an issue for an immigrant visa now.

 

2) The cause for having a previous green card / permanent residency revoked. This may or may not be a reason for being inadmissible for a new visa. This did not just disappear when the deportation happened or bar expired.

For instance, if it was due to an aggravated felony, that criminal offense is likely to still be a reason for being barred from any visa.

If it was due to having abandoned status, this would not be an issue for a new visa.

 

[SusieQQQ 11,587]

Oh dear. Was there a finding of guilt on the smuggling charge?

Edited May 28, 2020 by SusieQQQ

[geowrian 22,338]

22 minutes ago, Miguel1199 said:

Long story short .. when she was driving across the border a person that was with in the vehicle I guess didn’t have proper documentation that she wasn’t aware of  so they charged her for smuggling  she was let go in United stats and had a court hearing but she never went due too a family member passing away and she crossed back and never was able to come back. We didn’t know much until we requested her FOIA file and it has checked that she was issued a order of deportation and a 10 year ban with no way to benefit from any immigration benefit until it’s up. 

 

Gotcha.

I'm going to assume this was not a close family member (spouse/parent/son/daughter) that she was accused of smuggling because she would know if they were legal or not.

This is a permanent, unwaivable bar for any immigrant visa, per INA 212(a)(6)(E).

Note that this is different than just a transportation or harboring an illegal alien (which is an aggravated felony in itself, but does not fall under alien smuggling). That would generally cover transportation within the US, but not across the border. It might not be a bad idea to seek an experienced immigration attorney's opinion on if her act can be covered only under transportation and not actual alien smuggling. Because if it does fall under alien smuggling and it was not one of those relatives mentioned, there is no immigrant visa waiver available.

 

FAM: https://fam.state.gov/fam/09FAM/09FAM030209.html#M302_9_7

 

Some good info: https://www.ilrc.org/sites/default/files/resources/alien_smuggling_practice_advisory-20170718.pdf

In particular, see pages 3 and 4.

Edited May 28, 2020 by geowrian