Significant progress but new complications

[Boiler 46,322]

I participated in at least 2 of your prior threads, and said the same thing, so at least consistent!

 

No need to go over the I 212 that could have been filed 2 1/2 years ago, we are where we are.

 

So we know she currently needs a I 212 and looks like you have a year to go before the bar expires.

 

Solo I 212 timeline is variable due to its very nature.

 

If you need a I 601 then it makes sense to file them together, as I mentioned here and in your previous threads the I 601 determination is up to the CO which is why you need the interview. Timelines I have seen for I 601 or Combo varies between 6 months and a year, what the future brings I do not know.

 

 

[sidmando 15]

25 minutes ago, Boiler said:

I participated in at least 2 of your prior threads, and said the same thing, so at least consistent!

 

No need to go over the I 212 that could have been filed 2 1/2 years ago, we are where we are.

 

So we know she currently needs a I 212 and looks like you have a year to go before the bar expires.

 

Solo I 212 timeline is variable due to its very nature.

 

If you need a I 601 then it makes sense to file them together, as I mentioned here and in your previous threads the I 601 determination is up to the CO which is why you need the interview. Timelines I have seen for I 601 or Combo varies between 6 months and a year, what the future brings I do not know.

 

 

But presumably if we wait until the bar expires then we wouldn't need a waiver at all, right? So it seems to me that trying for a waiver MIGHT speed up the process by a few months IF it goes through quickly, but based on what the consular officer told me at yesterday's interview that seems unlikely. Would you agree that if we just postpone the interview until Sept. of next year we should be in good shape?

[Boiler 46,322]

Just now, sidmando said:

But presumably if we wait until the bar expires then we wouldn't need a waiver at all, right? So it seems to me that trying for a waiver MIGHT speed up the process by a few months IF it goes through quickly, but based on what the consular officer told me at yesterday's interview that seems unlikely. Would you agree that if we just postpone the interview until Sept. of next year we should be in good shape?

No

[sidmando 15]

1 hour ago, pushbrk said:

Opinions vary but that is not MY opinion.  I think delaying the interview is the best course of action.  The daughter can also apply for a re-entry permit before she goes back to Peru, to avoid any issues associated with being gone too long.  Do obtain any permission documents needed for the daughter to travel with you.  

How/when/where does one apply for a re-entry permit? How long does it take?

[pushbrk 13,207]

2 minutes ago, sidmando said:

How/when/where does one apply for a re-entry permit? How long does it take?

Pretty fast.  Google it.  It's not complicated.

 

[sidmando 15]

1 minute ago, Boiler said:

No

Can you explain your reasoning? pushbrk has been one of the most consistent participants on my threads, and his advice always seems to be good. He said above that postponing the interview until the bar expires is our best bet. Why do you think that's a bad idea?

[sidmando 15]

8 minutes ago, pushbrk said:

Pretty fast.  Google it.  It's not complicated.

 

I just looked it up. It says the applicant must be physically present in the US to apply and that it should be done no less than 60 days before traveling abroad. So that wouldn't work for us.

It seems to me that if we wait until near then end of the 6 months of validity of my stepdaughter's visa to bring her to the US it will be less than a year before we are all able to move to the states together. Would you agree that we would be unlikely to have problems bringing my stepdaughter back in if she has been out of the country less than a year? Especially since we can explain that the reason she was out of the country was because we were waiting on her mother's visa?

[pushbrk 13,207]

8 minutes ago, sidmando said:

I just looked it up. It says the applicant must be physically present in the US to apply and that it should be done no less than 60 days before traveling abroad. So that wouldn't work for us.

It seems to me that if we wait until near then end of the 6 months of validity of my stepdaughter's visa to bring her to the US it will be less than a year before we are all able to move to the states together. Would you agree that we would be unlikely to have problems bringing my stepdaughter back in if she has been out of the country less than a year? Especially since we can explain that the reason she was out of the country was because we were waiting on her mother's visa?

Yes, I think that plan will work fine without a re-entry permit.  Note that although you must apply for the permit no less than 60 days before....it's 60 days before the trip that you need the permit for.  Other short international trips are allowed during the 60 days.  Probably not needed based on the above plan though.  Being gone for more than six months and less than a year the SECOND time, is where we see most issues come up.  

 

I think Boiler is taking a belt and suspenders approach, but I too would be interested in his reasoning.

 

Edited September 3, 2022 by pushbrk

[Boiler 46,322]

Belt and Braces

 

The option you are suggesting is to wait a year, interview with no need for an I 212, then possibly get stuck with a Misrep and a I 601 waiver and another year.

 

Why risk it?

[Family 4,255]

9 hours ago, sidmando said:

The waiver would be needed to get my wife's visa issued before her entry ban expires. She will probably be given a visa interview within the next few months (that's how long it took for my stepdaughter), but my understanding is that she will be denied the visa if we go ahead with the interview while the entry ban is still in effect. Apparently there is a waiver process to get the entry ban overturned, but that process takes so long that it is not a viable option for us at this point. So my understanding is that what I will have to do is postpone my wife's interview until after the entry ban has expired. Is that correct?

It seems you have been trying to understand what will happen in your wife’s case for a while ( since filing the I-130 at least) and have possibly limited your research to DIY . 

I strongly suggest you consult and hire an attorney to help you navigate , if at this time it’s still not clear. 
 

FIRST: What did they WRITE down on her passport when she was detained at entry. Look closely at what section of the law was entered on whatever written record from the encounter at POE. use below link  easy read off random attorneys internet , to guide you, and you are welcome to post back what you find. 

SECOND: The “ 5 year ban” just means that she CANNOT APPLY for 5 years unless she files a I-212 The name itself gives a clue “ Application for Permission to Reapply for Admission “…

 

*****BUT if her record shows the  INA “ Fraud / misrep section below , THEN if she WAITS OUT the 5 year “ ban” and won’t need the I-212…she REMAINS inadmissible for the misrep/ fraud and will NEED an I-601.***************

 

THIRD: I do hope you have already obtained a CBP FOIA for a complete record of her file . It’s free , it’s online and an absolute necessity.

 

 

 

The expedited removal process can only be used in certain situations when CBP officers have determined that an individual is inadmissible for one, or a combination of, the following reasons: 

• Fraud or misrepresentation [INA Section 212(a)(6)(C)(i)];
• Falsely claiming U.S. citizenship [INA Section 212(a)(6)(C)(ii)];
• An intending immigrant who is not in possession of a valid unexpired immigrant visa or other suitable entry document [INA Section 212(a)(7)(A)(i)(I)]; 
• A nonimmigrant who is not in possession of a passport valid for a minimum of six (6) months from the date of the expiration of the initial period of stay [INA Section 212(a)(7)(A)(i)(II)(i)]; or
• A nonimmigrant who is not in possession of a valid nonimmigrant visa or border crossing card at the time of application for admission [INA Section 212(a)(7)(A)(i)(II)(ii)].

If the basis of the expedited removal falls under INA § 212(a)(6)(C), then a lifetime bar to entry also applies.  Individuals in this situation will require permission to reapply (I-212) plus the appropriate fraud waiver to enter the U.S. within five (5) years of the expedited removal order.

 

http://www.borderimmigrationlawyer.com/expedited-removal/

[Family 4,255]

Working while on tourist is charged under Fraud/Misrep .

[Family 4,255]

16 minutes ago, Boiler said:

Belt and Braces

 

The option you are suggesting is to wait a year, interview with no need for an I 212, then possibly get stuck with a Misrep and a I 601 waiver and another year.

 

Why risk it?

Also if OP posts the grounds for the ER , he would FINALLY KNOW for certain if I-601 is needed 

[Boiler 46,322]

Not for certain

[sidmando 15]

29 minutes ago, Family said:

Also if OP posts the grounds for the ER , he would FINALLY KNOW for certain if I-601 is needed 

Family, here are the relevant parts of the Notice and Order of Expedited Removal. Let me know if you see the information you're referring to. I don't see any mention of fraud or misrepresentation.

[Family 4,255]

So what you can see is the top of your page and box checked IS for the 3rd item on link sent you , THUS clearly not removed for fraud! 
Great ! 
 

Now for the awesomeness that @Boiler’

is, you still Can’t Know For Certain UNTIL she gets there! 
 

They may ( and have ) allowed approval without issue OR they MAY refuse under fraud misrep ..