Co workers wife and kids stuck in Juarez.

[hose406 0]

My co worker has had two lawyers so far, and his wife is going on a year and half stuck in Mexico. First one got them the immigration appointment, and him and his wife went to Juarez for the appointment. He didn’t file her 601a waiver before she went. 
 

She got denied entry due to being here with an expired Daca for 180 days. She is stuck in Mexico for a year and a half so far with her two kids. Aged 3,4. Both with special needs( learning disabilities). I got the recommendation of a second lawyer , they went with her and so far have just been waiting. They are telling her she might have to just wait until her three year bar is up to re apply even though they filed the 601 a waiver on her behalf. 

I understand there is a long back log. And COVID made things worse. But there has to be someone that can actually get something done I’d hope. It’s crazy that they are married, did what a lawyer told them, and are just stuck in purgatory.

 

what happens after the three year bar? Then what happenes? What steps would she need to do? 

[Boiler 45,445]

Waivers are around the 2 years so should be done well before the 3 year bar is up.

 

Sounds like they have a good case for damages against the first lawyer.

[hose406 0]

But after the 3 year bar, what is the process? I’m looking online and it’s hard to find out what happens after that? Does she need to apply for something else while she is waiting? Thank you for your help. 

[Boiler 45,445]

Oncw the bar is served then she would go back into the normal system and be issued an immigrant visa.

[AngelaPol 1]

I want to share my experience with this situation.  My husband just completed his 10 year ban, got his IR1 visa interview in Juárez and was told that even though he completed his 10 years, he still needed an I-212 waiver approved before entering the country.  At the consulate, they told him that he passed the interview, medical exam and fingerprints and everything looked good except for needing the I-212.  So, just because you complete the ban, it doesn’t mean you don’t need the waiver filed.  

[Boiler 45,445]

Just now, AngelaPol said:

I want to share my experience with this situation.  My husband just completed his 10 year ban, got his IR1 visa interview in Juárez and was told that even though he completed his 10 years, he still needed an I-212 waiver approved before entering the country.  At the consulate, they told him that he passed the interview, medical exam and fingerprints and everything looked good except for needing the I-212.  So, just because you complete the ban, it doesn’t mean you don’t need the waiver filed.  

Deported?

[hose406 0]

No she was not deported. She had DACA and went down there at the advice of her first lawyer because he got her the appointment for her interview. He said she should be good to go, and they went down there and she has been there ever since.
 

 She has no criminal history, not even a speeding ticket. As a young mother of two special needs children, I’d hope she can get back here sooner than later before the kids are too far behind to catch up. 

[Family 3,988]

36 minutes ago, hose406 said:

No she was not deported. She had DACA and went down there at the advice of her first lawyer because he got her the appointment for her interview. He said she should be good to go, and they went down there and she has been there ever since.
 

 She has no criminal history, not even a speeding ticket. As a young mother of two special needs children, I’d hope she can get back here sooner than later before the kids are too far behind to catch up. 

Your friend ( young mother w 2 kids) can have her USC husband get on the phone with USCIS and request an expedite of the I-601 . He can describe the medical condition ( if urgent treatment is required) and try to get doctors diagnosis/treatment recommended letter along w some medical records. 
If expedite is denied, he can try appealing the denial. 
 

In case 3 years are up before the I-601 is approved, contact CDJ IV unit and request they reschedule appointment ( may take a few emails/calls). They will instruct new medicals ( insisting from same doctor) open DS-260 to be updated, ask for passport and then more waiting.

I would say it’s safer to wait til I-601 is approved before doing above , because they have been known to add / find “new” inadmissibilities at last moment..like working without authorization during lapsed DACA