Questions about unlawful presence and 10 years bar

[8bithearts 104]

6 minutes ago, MertUS said:

So I can’t apply for waiver? I have to wait 10 years ?

 

I am sure you can apply, that doesn't mean it will be accepted... there are many more knowledgeable members on here with those processes so I will defer to them. 

First things first though, if you are planning to marry your current girlfriend I would think you need to finalise the divorce with your wife before applying for anything.  Get yourself into a position where you are free to marry and I would imagine you would need to speak with a lawyer.

[JeanneAdil 6,509]

10 minutes ago, MertUS said:

So I can’t apply for waiver? I have to wait 10 years ?

What is 212(a)(9)(A) of the INA?

Section 212(a)(9)(A) is a section of the Immigration and Nationality Act (INA) applicable to certain aliens seeking admission to the United States following their exclusion, removal, or deportation from the United States. The purpose of the I-212 request is to allow an alien previously removed, to be re-admitted to the United States before the alien’s corresponding period of inadmissibility (bar) has passed. Such aliens must seek re-admission to the United States from abroad. If the alien remained outside of the United States during the entire period of inadmissibility required by the bar, filing of the I-212 is no longer necessary.

 

I am sure you are rich and can afford the attorney for this as you said "already paid $10,000 for one" and this would be without the help of your wife "as you stated"  and without being able to work in the US as you did not apply for the AOS 

 

this will not be cheap,  fast or easy

[MertUS 2]

15 minutes ago, JeanneAdil said:

What is 212(a)(9)(A) of the INA?

Section 212(a)(9)(A) is a section of the Immigration and Nationality Act (INA) applicable to certain aliens seeking admission to the United States following their exclusion, removal, or deportation from the United States. The purpose of the I-212 request is to allow an alien previously removed, to be re-admitted to the United States before the alien’s corresponding period of inadmissibility (bar) has passed. Such aliens must seek re-admission to the United States from abroad. If the alien remained outside of the United States during the entire period of inadmissibility required by the bar, filing of the I-212 is no longer necessary.

 

I am sure you are rich and can afford the attorney for this as you said "already paid $10,000 for one" and this would be without the help of your wife "as you stated"  and without being able to work in the US as you did not apply for the AOS 

 

this will not be cheap,  fast or easy

Thank you for help. What is the difference between 212 and 601 ?

[JeanneAdil 6,509]

12 minutes ago, Henry357 said:

There is a program where all data of non citizens who arrested are transferred to ICE, IVe will run this data against DHS database, such as overstay databases.  Most cities did this 10 years ago, however, now most cities in the northeast and west coast are so called “sanctuary cities” now - there is a map of what cities do this document bellow: 

 

https://www.ilrc.org/sites/default/files/resources/toolkit_final.compressed.pdf
 

All Texas cities do this, Austin tried to stop it and it turn into a big political fight. Governor Parry was even charged. 

He still does not answer if there was an original TNA for him and he was given documents to know all this

he still doesn't know about the waiver and he needs to look up the 10 year ban and get acquainted with immigration rules and laws 

they will even check to see if he registered for selective service after the marriage or got a SS # 

all of that is so important for a future life in the US

and i encourage the OP to find out about any TNA and get copy of the discharge for the complaint from his wife (the court papers)

you don't just fall in love and get a visa to live/  you have to work for all of this even when it is easy visa,  there is a not of work 

[JeanneAdil 6,509]

3 minutes ago, MertUS said:

Thank you for help. What is the difference between 212 and 601 ?

You may request both the waiver and consent to reapply for admission to the United States after you have attended your visa interview at a U.S. consulate and after a consular officer has found you inadmissible.  You must file Form I-212 together with Form I-601, Application for Waiver of Grounds of Inadmissibility.

[MertUS 2]

3 minutes ago, JeanneAdil said:

He still does not answer if there was an original TNA for him and he was given documents to know all this

he still doesn't know about the waiver and he needs to look up the 10 year ban and get acquainted with immigration rules and laws 

they will even check to see if he registered for selective service after the marriage or got a SS # 

all of that is so important for a future life in the US

and i encourage the OP to find out about any TNA and get copy of the discharge for the complaint from his wife (the court papers)

you don't just fall in love and get a visa to live/  you have to work for all of this even when it is easy visa,  there is a not of work 

What is TNA ? I never registered any service and never get SSN

[JeanneAdil 6,509]

1 minute ago, MertUS said:

What is TNA ? I never registered any service and never get SSN

sorry meant NTA  (A Notice to Appear (an “NTA”), is the charging document that signals the initiation of removal proceedings against you. If you receive an NTA, it means that you must appear in Immigration Court on the date specified or at a date to be determined in the future.

[MertUS 2]

1 minute ago, JeanneAdil said:

sorry meant NTA  (A Notice to Appear (an “NTA”), is the charging document that signals the initiation of removal proceedings against you. If you receive an NTA, it means that you must appear in Immigration Court on the date specified or at a date to be determined in the future.

No there was no NTA all my court proceedings start after i detained.

[Crazy Cat 41,881]

1 hour ago, MertUS said:

I don’t want to appeal and wait in jail for six months more.

What would you appeal?  You were unlawfully in the US.....and subject to removal.

[Ash.1101 1,756]

40 minutes ago, Lucky Cat said:

What would you appeal?  You were unlawfully in the US.....and subject to removal.

Agree'd with this.

You weren't detained and removed unlawfully or by accident. You were detained and removed because you were in the country illegally.  How you became illegal (coming across a border, letting your lawful status run out, etc) doesn't matter. Illegal is illegal.

Edited July 4, 2020 by Ash.

[Loren Y 2,755]

Cracking a beer for you on the 4th! Wish you the best of luck in your journey. While not impossible, it will be difficult. But you wont know until you try, no harm in trying.

Edited July 5, 2020 by TBoneTX
inappropriate image

[Allaboutwaiting 2,503]

1 hour ago, Lucky Cat said:

What would you appeal?  You were unlawfully in the US.....and subject to removal.

 

50 minutes ago, Ash. said:

Agree'd with this.

You weren't detained and removed unlawfully or by accident. You were detained and removed because you were in the country illegally.  How you became illegal (coming across a border, letting your lawful status run out, etc) doesn't matter. Illegal is illegal.

He had the right to a hearing before an immigration judge. He didn't want to wait and decided to request for voluntary departure instead. 

[geowrian 22,337]

8 hours ago, Lucky Cat said:

Federal law ALWAYS trumps state law.  Immigration is a federal matter...not a state matter.

Generally yes. But the issue here isn't a matter of state law vs federal law. It's about the enforcement activities permissible, especially with regard to how they apply during a state process.

For example, a state making marijuana legal doesn't mean the feds can't enforce a federal offense of it. They can and do. They are in violation of federal law and would be processed in the federal court system.

 

At the same time, federal LEOs do not have free reign either.

Some states have passed laws and/or the federal courts have ruled that general immigration warrants cannot be enforced during transport from/to court, or in the courthouse. Exceptions do apply (i.e. national security based cases, severe criminal offense warrants, etc.).

 

I follow a "local" (about 2 hours away) attorney that discusses various legal issues, reads the briefs and findings, orders, etc. He recently covered this topic with a federal court ruling here: https://www.youtube.com/watch?v=Dyg6VUPSTsk&t=929s

Edit: and watch an actual occurrence of this at his local courthouse: https://www.youtube.com/watch?v=X-a-Opr_qw0&t=448s

tldr: The 10th amendment (+ APA) applies here, combined with the general interest of both conducting court (courthouse arrests tend to be extremely disruptful and can be prejudicial for current or future individuals appearing that day) and they do not want people to fear coming to court. If people fear coming to court, they probably won't show, won't testify, etc.

The end result was within that NY (I don't think it's a nationwide ruling), ICE officials are generally prohibited from conducting enforcement activities that are likely to disrupt court process, including arrests at the courthouse or on the way to or from it.

 

9 hours ago, JeanneAdil said:

Not being familiar with bars

Doesn't he have to wait out the 10 years before he can even do a waiver?

or do a waiver to come within the 10 years?

The waiver is required within the 10 years. It is to waive the 10 year bar.

After the 10 years have passed, there is no longer anything to waive (so no waiver is needed).

 

(Note: certain cases with a previous entry without inspection (EWI) are actually a permanent bar with a 10 year period outside the US before being eligible for a waiver. That's not the case here, though).

 

4 hours ago, MertUS said:

You are so biased and judgmental.you are not reading what I say. She has kids she can’t move here. 

Curiously, what would you do if you had kids as well?

I'm not saying that the petitioner having children can't be part of the basis for a hardship waiver. I'm just saying that if you did have children as well, would you just not be together or would you find a way to make it work in one country or the other?

If you would do the latter, "can't" doesn't apply. It's a hardship, not an impossibility.

 

3 hours ago, MertUS said:

So I can’t apply for waiver? I have to wait 10 years ?

For a K-1 or immigrant visa, you would need to apply for the visa first. Once determined otherwise eligible for the visa, you would be refused due to the 10 year ban. At that point you would be notified that a waiver is available. Then the waiver can be filed. Pre-COVID, the timeline for the waiver decision was close to a year.

You cannot file the waiver beforehand.

You do not need to wait 10 years. After 10 years, there is no ban to waive.

 

31 minutes ago, Allaboutwaiting said:

He had the right to a hearing before an immigration judge. He didn't want to wait and decided to request for voluntary departure instead. 

Voluntary departure (VD) was the likely the best result of contesting it, unless they could find a way to get cancellation of removal (CoR) +  TPS somehow.

But since they came on a K-1 visa, that seems quite unlikely as even having a new spouse (if they married their new SO) would not make them eligible for any legal method to stay. VD was very, very likely the best result to come of court anyway (and slightly worse if they were to be ordered removed).

Edited July 5, 2020 by geowrian

[Allaboutwaiting 2,503]

4 minutes ago, geowrian said:

Voluntary departure (VD) was the likely the best result of contesting it, unless they could find a way to get cancellation of removal (CoR) +  TPS somehow.

But since they came on a K-1 visa, that seems quite unlikely as even having a new spouse (if they married their new SO) would not make them eligible for any legal method to stay. VD was very, very likely the best result to come of court anyway (and slightly worse if they were to be ordered removed).

I agree that in the OP's circumstances, voluntary departure was the best choice. 

But it is important to stress that even when being detained after failing to file for adjustment, immigrants retain the right to a due process before an immigration judge.

[geowrian 22,337]

19 minutes ago, Allaboutwaiting said:

I agree that in the OP's circumstances, voluntary departure was the best choice. 

But it is important to stress that even when being detained after failing to file for adjustment, immigrants retain the right to a due process before an immigration judge.

Yes (generally...e.g. VWP entrants waive their right to a hearing)