Going to do visa again after being denied (merged x3)

[shebonn40 0]

I met my husband in 2004.  He had been deported 2 times before we met.  In 2013, he got deported back his country.  We got married about a month before he left.  I started our visa journey sending off paperwork.  I went to immigration interview and was able to show proof of our relationship.  I sent off visa paperwork.  They said he had to spend 10 years in his country.  He has been in Honduras for almost 10 years.  I have been here over 17 times each time spending 3 to 4 weeks at a time.  Also, I have been supporting him for these years.  What are his chances of coming back?  I did all the paperwork the first time by myself.  Should I hire an attorney?

[speedster 26]

After the 10 year bar you'll be able to obtain the visa for your spouse. After the 10 years as long as you file the correct paperwork to bring him to the USA, I wouldn't see why he would have any problems.

[Family 3,988]

17 minutes ago, shebonn40 said:

They said he had to spend 10 years in his country

Did he already attend his IV Consular interview and was he given a Refusal Letter with inadmissibility ( look for section of law letter/numbers) that stated he was barred for only 10 years? 
 

You can blank any personal info and upload here for any feedback. 
 

Being deported “twice “ usually comes with longer bar..

https://www.ilrc.org/sites/default/files/resources/i-212_advisory-final.pdf

 

It will help you prepare to have his EOIR FOIA records 

https://www.justice.gov/eoir/freedom-information-act-foia

 

Also note that since you will have been married 10 years by the time he comes , you should update embassy with I-864 W ( exemption) and he can come in fully vested under your SS credits. 
 

 

[Boiler 45,428]

9C so life time ban waiverable after 10 years.

 

There may of course be other issues.

 

Did you use a Lawyer?

[Ontarkie 14,205]

~~Moved to IR1/CR1 P&P, form K1 P&P - The op is already married.~~

[davidvs 337]

Two deportations before you met in 2004, and then another in 2013?

 

So a total of 3 deportations?

[shebonn40 0]

We attended an consulate interview in 2014 in his country and he was denied entry back into US.  I consulted a lawyer in 2015 and sent a 212 and visa paperwork.  I tried to get him back with medical and extreme hardship if I had to live in his country.  I work in the medical field and don’t speak the language.  They sent a denial letter back and a 10 year ban.

 

 

 

[Boiler 45,428]

So they approved the I 212?

[Family 3,988]

25 minutes ago, shebonn40 said:

 

We attended an consulate interview in 2014 in his country and he was denied entry back into US.  I consulted a lawyer in 2015 and sent a 212 and visa paperwork.  I tried to get him back with medical and extreme hardship if I had to live in his country.  I work in the medical field and don’t speak the language.  They sent a denial letter back and a 10 year ban

 

Ok, sounds like you had legal help after the 2014 interview and the Letter was from Consulate w only the 10 year bar. 
 

Also gathering from you that lawyer filed I-212 and I-601 ( hardship to you) and am guessing here but they denied the I-212 ( he was NOT eligible per statute /words to that effect) and deemed the I-601 moot ( thus they did not evaluate your hardship (?). 
 

Best you can do is wait for the 10 year mark, contact embassy and request reschedule of interview ..may take a few tries and getting your Congressman’s help . 
 

Use the Consulates Letter w findings from the 2014 interview and the I-212/I-601 denials as talking points ( ref case #s , decision dates and 10 year findings) to insist he is no longer inadmissible. 
 

If you can manage emailing Consulate back and forth, getting them to respond and reschedule an interview for him after 10 years are up , you are in good shape.

 

Have back-up plan to hire attorney if you get stuck and if  Congressman’s office inquiry gets you no where…
 

 

[jan22 3,048]

It is likely not as simple as some here believe.  With two (or three?) deportations, he is ineligible under INA 212(a)(9)(C) -- which is a permanent, lifetime ban.   There is a waiver available for the ban, but it cannot be applied for until the person has been outside the US for ten years.  That's the 10-year ban you found out about in 2014-2015. 

 

Unlike the ten year ban that applies to those who overstay in the US for a year or more under INA (212)(a)(9)(B) -- which after 10 years the ban expires and the person is no longer ineligible -- the 9C ineligibility is permanent; it does not go away after 10 years outside the US.  It will always require an approved waiver.  That waiver, however, cannot even be applied for until after 10 years outside the US has passed.  That is why it was denied in 2015 and you were advised about the ten year ban -- which was a ban on applying for the waiver. 

 

 

Edited October 22, 2022 by jan22

[shebonn40 0]

My husband has been in his country for almost 10 years.  He got a 10 year ban.  I have an approved 130.  What papers do I need to file?  I have been supporting him for the whole time.  Plus I have been to his country over 16 times.  We have been together for 20 years and married for 11 years.  What will help me get him over for good?

[Rocio0010 5,579]

Visit the guide for a spouse visa that is linked here

Edited February 15, 2023 by Rocio0010

[Timona 4,207]

I need support too

[Crazy Cat 41,761]

IR1 / CR1 Spouse Visa Step-by-Step Guide on Filing an I-130 for a US Spouse Visa - US Immigration & Visa Guides - VisaJourney

[Ontarkie 14,205]

~~Related threads merged as the previous information is needed to give the best possible answers.~~