i601A and i212 question

[z_bayarea 0]

Hello , this is my first time on this forum, I am new here . I had questions that I thought I can get some advice . I have been with my husband who came to the US as a baby 6 months old 38 years ago with his family,  no visa no documentation . He grew up here in the same city for 38 years here in California. Him and I went to he same high school together . We later married after I had finished college . We have 3 beautiful children together . We are trying to start the journey in trying to get a visa/greencard. Well our story is not easy , when he was younger he had 2 encounters with the police ( being young )  all being just minor mister minor offenses on the second occasion he was deported after his status was recognized . He then came back again, and thats where we met after graduating from high school , and went on to get married and have my beautiful family, both paying taxes and having no encounter with the police for over 19 years now . We would like to go the appropriate route . I am determined to do this for my children . He is a HARD working father and a AMAZING husband. Any advice would be great. 

[AJ2019 58]

Under what visa or status did he come back under?

[Crazy Cat 41,985]

Am I correct in that he was deported, then he re-entered the US again  illegally?

 

Tagging for future reference  "Tales of the Green Card"

Edited July 9, 2020 by Lucky Cat

[z_bayarea 0]

4 minutes ago, Lucky Cat said:

Am I correct in that he was deported, then he re-entered the US again  illegally?

Yes 

5 minutes ago, AJ2019 said:

Under what visa or status did he come back under?

No visa 

[z_bayarea 0]

5 minutes ago, AJ2019 said:

Under what visa or status did he come back under?

None and it has been 19 years since that happened 

[NancyNguyen 1,657]

I believe it is EWI, which is inadmissible. He can't adjust his status here with waiver. 

 

You need to talk to an experienced immigration lawyer, this is not DIY.

[Crazy Cat 41,985]

1 hour ago, z_bayarea said:

Yes 

This is not a do-it-yourself-case......Find a good attorney.  He, likely, is permanently barred.

https://www.alllaw.com/articles/nolo/us-immigration/reentry-after-removal-deportation.html

 

Edited July 9, 2020 by Lucky Cat

[AJ2019 58]

https://immigrationlawnj.com/undocumented-married-to-us-citizens/

this may help

WHAT IS A I-601A PROVISIONAL WAIVER?

The I-601A Waiver allows border crossers (and other immigrants unable to seek green cards in the US) to apply to Immigration on the grounds of extreme hardship to their US Citizen/Lawful Resident Spouses or Parents.

The 601A seeks to make an illegal immigrant admissible to the US.

Under a change to the law that began on April 30, 1997, anyone found having more than 180 days of “unlawful presence” in the US was subject to a THREE YEAR BAR on readmission starting from the date of departure. Anyone who accrued one year of unlawful presence has a TEN YEAR BAR (frequently called Castigo de 10 Años in Spanish).

This problem meant that if an immigrant had been in the country illegally but had to go back home for any reason, they would not be able to come back to the US for 3 to 10 years – if at all.

This dilemma left immigrants either stranded in the United States for fear of the bar, or stranded in home countries.

HOW CAN A I-601A WAIVER HELP ME GET A GREEN CARD?

If a I-601A Waiver is granted, the undocumented person married to the US citizen goes back to his home country, has an interview at a US Embassy and quickly re-enters the US to return to his spouse and family, approved for a green card! (Certain other conditions apply)

An important rule: The border crosser or undocumented immigrant must leave the US to obtain an immigrant visa abroad when ineligible to apply for a green card in the US.

Before the I-601A waiver, an application to waive this bar could not be filed until after an applicant attended an immigrant visa interview abroad. The alien had to be separated from his family for years, during adjudication of the waiver. This waiver has been a life saver for many families we represent.

HOW LONG WILL IT TAKE TO PROCESS MY I-601A WAIVER

The total amount of time can be 8 months to a year, to process an I-601A waiver application. Generally USCIS and DOS try to coordinate to have it processed in time to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. DOS schedules the applicant for an immigrant visa interview after approval of the provisional unlawful presence waiver and the applicant’s submission of the required immigrant visa processing documents to DOS. While that might seem like a lot of time, it is a vast improvement over the 3-10 years an immigrant was previously separated from his or her family.

WHAT IS “EXTREME HARDSHIP?”

This waiver is given on grounds of extreme hardship. Factors to be considered include, but are not limited to:

• Family ties in the United States of the US Citizen/Lawful Resident Spouse or Parent
• Health of the US Citizen/Lawful Resident Spouse or Parent
• Length of residence in the United States of the US Citizen/Lawful Resident Spouse or Parent
• Conditions in the county to which the Immigrant would be returned
• Married Couple’s financial status – business/economic circumstances
• Applicant’s immigration history

 

 

[SalishSea 17,970]

18 minutes ago, AJ2019 said:

https://immigrationlawnj.com/undocumented-married-to-us-citizens/

this may help

WHAT IS A I-601A PROVISIONAL WAIVER?

The I-601A Waiver allows border crossers (and other immigrants unable to seek green cards in the US) to apply to Immigration on the grounds of extreme hardship to their US Citizen/Lawful Resident Spouses or Parents.

The 601A seeks to make an illegal immigrant admissible to the US.

Under a change to the law that began on April 30, 1997, anyone found having more than 180 days of “unlawful presence” in the US was subject to a THREE YEAR BAR on readmission starting from the date of departure. Anyone who accrued one year of unlawful presence has a TEN YEAR BAR (frequently called Castigo de 10 Años in Spanish).

This problem meant that if an immigrant had been in the country illegally but had to go back home for any reason, they would not be able to come back to the US for 3 to 10 years – if at all.

This dilemma left immigrants either stranded in the United States for fear of the bar, or stranded in home countries.

HOW CAN A I-601A WAIVER HELP ME GET A GREEN CARD?

If a I-601A Waiver is granted, the undocumented person married to the US citizen goes back to his home country, has an interview at a US Embassy and quickly re-enters the US to return to his spouse and family, approved for a green card! (Certain other conditions apply)

An important rule: The border crosser or undocumented immigrant must leave the US to obtain an immigrant visa abroad when ineligible to apply for a green card in the US.

Before the I-601A waiver, an application to waive this bar could not be filed until after an applicant attended an immigrant visa interview abroad. The alien had to be separated from his family for years, during adjudication of the waiver. This waiver has been a life saver for many families we represent.

HOW LONG WILL IT TAKE TO PROCESS MY I-601A WAIVER

The total amount of time can be 8 months to a year, to process an I-601A waiver application. Generally USCIS and DOS try to coordinate to have it processed in time to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. DOS schedules the applicant for an immigrant visa interview after approval of the provisional unlawful presence waiver and the applicant’s submission of the required immigrant visa processing documents to DOS. While that might seem like a lot of time, it is a vast improvement over the 3-10 years an immigrant was previously separated from his or her family.

WHAT IS “EXTREME HARDSHIP?”

This waiver is given on grounds of extreme hardship. Factors to be considered include, but are not limited to:

• Family ties in the United States of the US Citizen/Lawful Resident Spouse or Parent
• Health of the US Citizen/Lawful Resident Spouse or Parent
• Length of residence in the United States of the US Citizen/Lawful Resident Spouse or Parent
• Conditions in the county to which the Immigrant would be returned
• Married Couple’s financial status – business/economic circumstances
• Applicant’s immigration history

 

 

He would have to leave the US, be petitioned  by his USC spouse, and ask for that waiver during his IV interview after being found inadmissible.

[Pinkrlion 2,724]

Illegally Returning to the U.S. After Removal Is a Felony

Under federal law (8 U.S.C. § 1325), anyone who enters the Unites States illegally is committing a misdemeanor and can be sentenced to a fine or to six months in prison.

The law accompanying § 1325 is 8 U.S.C. § 1326, which makes the offense of reentering, or attempting to reenter the United States after being removed or deported, a felony offense in many instances. You will likely be permanently barred from the United States if you illegally reenter after a prior removal.

[Allaboutwaiting 2,503]

If he was deported and then reentered without inspection, he is permanently ineligible, but if he leaves the US, he can request waiver after 10 years.

[aaron2020 11,651]

This is not Do-It-Yourself.  You need to consult with a qualified immigration lawyer.  Your husband may have a permanent bar for illegally reentering the US after he was deported.  

[belinda63 3,039]

Since he made a second illegal entry he is barred for life from entering the US as soon as he leaves. He can apply for a waiver after 10 years of being outside the US. Have you considered relocating your family to his country?

[Crazy Cat 41,985]

3 hours ago, z_bayarea said:

None and it has been 19 years since that happened

His bar begins when he leaves the US......time inside the US since his last illegal entry does not count toward a 10 year bar.  You might consider relocating the family to his country.

Edited July 9, 2020 by Lucky Cat

[HRQX 4,145]

10 hours ago, Jorgedig said:

and ask for that waiver during his IV interview after being found inadmissible.

Note that there is a difference between I-601A and I-601: https://san-diego-abogado.com/en/what-is-the-difference-between-waivers-i-601a-and-i-601/