Entry Ban Waiver

[sidmando 15]

1 minute ago, Boiler said:

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.

OK. I was previously led to believe that denial of re-entry isn't the same as deportation. In any case, are you saying that we can go ahead and get the ball rolling on the waiver application before the interview?

The main issue is that my wife is pregnant, my parents (in the US) are in their 80s and this will be their first grandchild, so we're hoping there's some way of accelerating the process so we don't have to wait until her 5-year ban expires (in Sept of 2023).

[Boiler 45,525]

There is no such thing as re entry, she applied for entry, she could have been allowed to withdraw her application or deported. 

 

Your best for a fast process is to employ a lawyer familiar with waivers, tends to be a specialism. Obviously people do apply themselves, but you seem to be out of your depth and have time constraints.

[Crazy Cat 41,887]

14 minutes ago, sidmando said:

OK. I was previously led to believe that denial of re-entry isn't the same as deportation.

It sounds like an expedited removal...which carries an automatic 5 year ban.....which means she was technically admitted, then quickly deported.   I agree with @Boiler.  An experienced attorney would be the the best course of action.  

Edited November 17, 2021 by Crazy Cat

[sidmando 15]

17 minutes ago, Crazy Cat said:

It sounds like an expedited removal...which carries an automatic 5 year ban.....which means she was technically admitted, then quickly deported.   I agree with @Boiler.  An experienced attorney would be the the best course of action.  

Got it. Thanks for all the good advice. Any suggestions about how to locate an attorney who specializes in this stuff?

[Boiler 45,525]

http://www.scottimmigration.net/content/about-us

 

By no means the only one but a good starter.

[Coco8 1,042]

Given that CR1 are taking almost two years, she might have completed the 5 years by then. 

 

She has to answer forms truthfully. So if she is asked about working illegally, she has to say yes. It's pardoned for those marrying US citizens. But if she gives false information, then you get into serious problems. 

 

Try talking to a lawyer, but start preparing all of the paperwork. You can submit the application because it's going to be months at USCIS and there is nothing you can do to speed that up. 

[Boiler 45,525]

They filed 5 ish months ago 

 

There is no ban directly for illegal work the potential issue from the limited info we have is if they hit her with Misrep, saying she was coming to visit when she was coming to work

[SalishSea 17,836]

8 hours ago, sidmando said:

OK. I was previously led to believe that denial of re-entry isn't the same as deportation. In any case, are you saying that we can go ahead and get the ball rolling on the waiver application before the interview?

The main issue is that my wife is pregnant, my parents (in the US) are in their 80s and this will be their first grandchild, so we're hoping there's some way of accelerating the process so we don't have to wait until her 5-year ban expires (in Sept of 2023).

They won't expedite because of pregnancy.  Unfortunately, there is no way you will be done with this process anytime soon.

[PGA 240]

On 11/17/2021 at 4:12 PM, Coco8 said:

Given that CR1 are taking almost two years, she might have completed the 5 years by then. 

 

This....and, based on your timeline, it looks like you submitted petition to USCIS and are still waiting for approval? If that's true then you still have NVC to submit to, their approval and then the dreaded embassy wait (correct me if 'm mistaken). If you can start submitting a waiver now go ahead but if you can't, there is a pretty good chance that she'll complete the ban by the time of interview. 

[sidmando 15]

6 hours ago, PGA said:

This....and, based on your timeline, it looks like you submitted petition to USCIS and are still waiting for approval? If that's true then you still have NVC to submit to, their approval and then the dreaded embassy wait (correct me if 'm mistaken). If you can start submitting a waiver now go ahead but if you can't, there is a pretty good chance that she'll complete the ban by the time of interview. 

We have already submitted all of the info to NVC. I have no idea how long the wait time is for interviews, but I can't imagine it will take almost 2 years (which is how long the entry ban applies).

I have reviewed the paperwork of the expedited removal, and it does state the reason was for working illegally. So I believe we will have to try for a waiver. The question is whether we can start that process now or whether we need to wait until she is declared inadmissable.

[Boiler 45,525]

212 you could file now or if a 601 is needed that comes later

[PGA 240]

16 hours ago, sidmando said:

We have already submitted all of the info to NVC. I have no idea how long the wait time is for interviews, but I can't imagine it will take almost 2 years (which is how long the entry ban applies).

I have reviewed the paperwork of the expedited removal, and it does state the reason was for working illegally. So I believe we will have to try for a waiver. The question is whether we can start that process now or whether we need to wait until she is declared inadmissable.

Have you been DQ'd from NVC? (might help to update your timeline page so people can have a better picture). Like I said, if you can file a waiver preemptively, do it. Also, if your wife is pregnant, you may want to start collecting documents for the CRBA process if you and child meet the qualifications.  

That said, I'll let you know about the 2 years....

[sidmando 15]

2 minutes ago, PGA said:

Have you been DQ'd from NVC? (might help to update your timeline page so people can have a better picture). Like I said, if you can file a waiver preemptively, do it. Also, if your wife is pregnant, you may want to start collecting documents for the CRBA process if you and child meet the qualifications.  

That said, I'll let you know about the 2 years....

By DQ'd, I assume you mean disqualified. No, we have not been disqualified. We completed all of the NVC submissions about 1-2 months ago and haven't heard anything further.

 

My understanding is that, in the absence of a waiver, she will automatically be deemed inadmissible at the interview as a result of the 5 year ban. It also seems to be the case that we can start on the 212 now, rather than waiting until she gets denied at the interview. That's good news, because that should shave several months off the entire process if we start now.

 

What is the CRBA process? Sorry, I'm a total novice at all of this. I had hoped I could do everything without hiring a lawyer, and all of my knowledge (or lack thereof) is based on what I have learned on this website. I do think I will probably end up hiring a lawyer to help with the waiver though.

[Crazy Cat 41,887]

6 minutes ago, sidmando said:

By DQ'd, I assume you mean disqualified. No, we have not been disqualified. We completed all of the NVC submissions about 1-2 months ago and haven't heard anything further.

He/she meant exactly the opposite.  "DQ" means document qualified.     That is your next step.

8 minutes ago, sidmando said:

I do think I will probably end up hiring a lawyer to help with the waiver though

That is a very wise decision.

[PGA 240]

9 minutes ago, sidmando said:

By DQ'd, I assume you mean disqualified. No, we have not been disqualified. We completed all of the NVC submissions about 1-2 months ago and haven't heard anything further.

 

My understanding is that, in the absence of a waiver, she will automatically be deemed inadmissible at the interview as a result of the 5 year ban. It also seems to be the case that we can start on the 212 now, rather than waiting until she gets denied at the interview. That's good news, because that should shave several months off the entire process if we start now.

 

What is the CRBA process? Sorry, I'm a total novice at all of this. I had hoped I could do everything without hiring a lawyer, and all of my knowledge (or lack thereof) is based on what I have learned on this website. I do think I will probably end up hiring a lawyer to help with the waiver though.

DQ is Documentarily Qualified and, if everything is accepted you'll get a message in CEAC stating that. Once you have received that message, your case will stay at NVC until it is requested by the embassy for appointment scheduling, at which point NVC will schedule the appointment and forward case to the embassy. 

 

The CRBA is Consular Report of Birth Abroad (https://pe.usembassy.gov/u-s-citizen-services/child-family-matters/birth/). If you meet the qualifications and can transmit US citizenship to the child you will need to do this to obtain a social security number and US passport for the child.