Entry Ban Waiver

[sidmando 15]

I am in the process of applying for an IR-1/CR-1 visa for my Peruvian wife. The one complication is that she is currently subject to a 5 year entry ban (starting in Sept, 2018) after having been denied re-entry to the US on suspicion of working illegally. (She was in fact working illegally, and we have been honest and included that information in her work history. To be clear, she was not deported or subject to any immigration proceedings.) When I started this process I was told by an immigration lawyer that we could apply for a waiver of the ban in conjunction with the visa application and that there was a reasonable chance the waiver would be granted if all of the other requirements in the application were met.

I decided not to use a lawyer and have been doing the whole process myself, and I do not understand how the waiver process works. We are now at the stage where we have submitted all of our info to the NVC and are waiting to hear about scheduling the visa interview. So my question is whether anyone can tell me at what stage of the process I would need to apply for the waiver and how to go about doing so.

 

Thanks as always!

[Redro 4,611]

27 minutes ago, sidmando said:

I am in the process of applying for an IR-1/CR-1 visa for my Peruvian wife. The one complication is that she is currently subject to a 5 year entry ban (starting in Sept, 2018) after having been denied re-entry to the US on suspicion of working illegally. (She was in fact working illegally, and we have been honest and included that information in her work history. To be clear, she was not deported or subject to any immigration proceedings.) When I started this process I was told by an immigration lawyer that we could apply for a waiver of the ban in conjunction with the visa application and that there was a reasonable chance the waiver would be granted if all of the other requirements in the application were met.

I decided not to use a lawyer and have been doing the whole process myself, and I do not understand how the waiver process works. We are now at the stage where we have submitted all of our info to the NVC and are waiting to hear about scheduling the visa interview. So my question is whether anyone can tell me at what stage of the process I would need to apply for the waiver and how to go about doing so.

 

Thanks as always!

You'll be informed you're eligible to file a waiver at the interview.

Check out this forum for more info: https://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

 

 

Edited November 17, 2021 by Kor2USA

[sidmando 15]

35 minutes ago, Kor2USA said:

You'll be informed you're eligible to file a waiver at the interview.

Check out this forum for more info: https://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

 

 

Great, thanks for the info! One more question. Do you have any idea how much time the waiver adds to the process?

[Redro 4,611]

Just now, sidmando said:

Great, thanks for the info! One more question. Do you have any idea how much time the waiver adds to the process?

I have no idea... it might depend on country? You should have this post moved to the appropriate forum and more knowledgeable members can answer that question. 

[Crazy Cat 41,887]

52 minutes ago, sidmando said:

Great, thanks for the info! One more question. Do you have any idea how much time the waiver adds to the process?

Please place all question under this thread.  Please don't start additional similar threads.

[sidmando 15]

1 minute ago, Crazy Cat said:

Please place all question under this thread.  Please don't start additional similar threads.

I was trying to follow the advice given above to move this thread to the forum that deals specifically with waiver issues, but I couldn't figure out how to do that. Can you help me out with that?

[Crazy Cat 41,887]

7 minutes ago, sidmando said:

I was trying to follow the advice given above to move this thread to the forum that deals specifically with waiver issues, but I couldn't figure out how to do that. Can you help me out with that?

Sure.  I have moved this thread to the waivers forum......🙂

Edited November 17, 2021 by Crazy Cat

[sidmando 15]

Two more questions about the waiver process. 1) Can I initiate the waiver application prior to the interview (so the waiver doesn't cause further delays), or do I have to wait until the interview? 2) Any idea what the timeframe is for completing the waiver process?

[dwheels76 5,468]

31 minutes ago, sidmando said:

Two more questions about the waiver process. 1) Can I initiate the waiver application prior to the interview (so the waiver doesn't cause further delays), or do I have to wait until the interview? 2) Any idea what the timeframe is for completing the waiver process?

Waivers take about 1 year to get through USCIS. The thing is you don;t know if a waiver is needed. Most have to wait till interview to be denied and told they can file a waiver. I would truly consult with a lawyer. Waivers is not an easy task and must be written very specifically.

[sidmando 15]

56 minutes ago, dwheels76 said:

Waivers take about 1 year to get through USCIS. The thing is you don;t know if a waiver is needed. Most have to wait till interview to be denied and told they can file a waiver. I would truly consult with a lawyer. Waivers is not an easy task and must be written very specifically.

Thanks for the additional info. So, just to clarify, are you saying that there's a chance we won't need a waiver even though the 5-year ban isn't set to expire until Sept. of 2023?

[Boiler 45,525]

Lets  start at the beginning, you said she was not deported, was not in immigration proceedings but has a 5 year ban, how did that happen.

 

 

[sidmando 15]

Just now, Boiler said:

Lets  start at the beginning, you said she was not deported, was not in immigration proceedings but has a 5 year ban, how did that happen.

 

 

She was in the US on a tourist visa and was in fact working illegally (for a few months as a waitress). During that time she returned to Peru and attempted to re-enter the US and was denied re-entry due to suspicion of working illegally. She was sent back to Peru and given a 5 year ban. I have been completely up front about all of this in our application materials and included the illegal employment in her employment history.

[SalishSea 17,836]

8 minutes ago, sidmando said:

Thanks for the additional info. So, just to clarify, are you saying that there's a chance we won't need a waiver even though the 5-year ban isn't set to expire until Sept. of 2023?

No.  It means that you can’t preemptively request one.  It happens at the time of the interview.

[Boiler 45,525]

Just now, sidmando said:

She was in the US on a tourist visa and was in fact working illegally (for a few months as a waitress). During that time she returned to Peru and attempted to re-enter the US and was denied re-entry due to suspicion of working illegally. She was sent back to Peru and given a 5 year ban. I have been completely up front about all of this in our application materials and included the illegal employment in her employment history.

So she was deported.

 

Waiver for that is I 212 that can be filed at any time. Might me a misrepresentation charge as well, that would be up to the CO at the Interview to determine and would be filed afterwards.

[SalishSea 17,836]

It will add extra time to the overall process….