Super confused

[Suffering 0]

Hi,

I am SUPER Confused! After reading these posts! Okay here is the situation.....

Husband EWI back in 88, he was a minor. He was apprehended and given some papers to sign. Was sent to a place by INS since he was a minor. He was only allowed to stay there for 10 days. He left. Apparently since this is the place that INS took him to this is the address that he had on file. Of course he didn't change his address after 10 days. He was sent a letter to thar address for a court date. Of course he never got that letter. He was ordered removed in absentia. In 94, he was apprehended and deported back home! He had a 1 year ban. Well he came back a month later again EWI. He has been in the US every since. We applied for relief under 245I (LIFE). He was given a SSN and EAD for 6 years. He was apprehended at the port by ICE looking for someone else!! He was told that he was ineligible for anytype of relief and was deported a second time. (He did not sign anything this time). He was given a 20 year ban! Am I right to say that he is ineligible for a 212 waiver? Why a 20 year ban, never heard of this! Why given benefits for 6 years if not eligible? Why was he not detained at the 485 interview back in 2002 and still given benefits after? All help is greatly appreciated!

[kitkat1 5]

1) EWI 1988 as a minor. Apprehended (why?) yet allowed to leave the INS facility after 10 days and allowed to stay in the country? My assumption is he was officially deported and that's why he had a court date.

2) In 1994 (after 6 years of illegal presence) he was deported. That means he had a 10 year ban. (see below). Since there was mention of a 20 years ban, this was a SECOND deportation order (or had an aggravated felony conviction) (see below)

3) He re-entered illegaly a third time after he accumulated more than 365 days of illegal presence and after he was deported. This is a lifetime ban with a possiblity of a waiver in 10 years. (see below)

3) A person who had been ordered removed from the U.S., was never eligible to apply for adjustment of status under 245i.They took your money and began to process him, gave him a SSN and EAD and when they figured that out, they deported him again. A lot of lucky people were not detained or deported at their AOS interview -- possibly because they hadn't yet run all the background checks.

Bottom line, he has a lifetime ban. You wouldn't even have the opportunity to file a waiver for 10 years since the date he departed, and even then, with 3 deporations on his record, it will definitely not be easy, plus you need a 601 for the illegal presence. You might want to think about relocating to a third country and wait until the 10 years have passed to even file any paperwork. DEFINITELY consult an attorney who is experienced in deporations and illegal presence waivers going through Honduras. The location can make a lot of difference.

http://www.hooyou.com/245i/whonot.html

What 245i does NOT protect:

If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

In addition, 245(i) does not waive the three year/ ten year bar. Under the current law, an alien who has been out of status in the U.S. for more than 180 days would be barred from reentering the U.S. for at least 3 years; an alien who has been out of status in the U.S. for more than 360 days would be barred from reentering the U.S. for 10 years. Eligible aliens for Section 245(i) are still subject to the three year/ ten year bars.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Aliens Previously Removed or Unlawfully Present in the United States:

(i) Any alien who has been ordered removed under section 235(b(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

Aliens unlawfully present:

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or

(II) has been ordered removed under section 235(b(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.

[Suffering 0]

Hi, I am now officially confused. He has only been deported twice. And he has nor aggravated felony, all of his records were pulled alomg with a FOIA request and there are no felonies at all! He was apprehended as a minor and when he turned 18 (around that time) is when he was sent the notice for court.

1) EWI 1988 as a minor. Apprehended (why?) yet allowed to leave the INS facility after 10 days and allowed to stay in the country? My assumption is he was officially deported and that's why he had a court date.

2) In 1994 (after 6 years of illegal presence) he was deported. That means he had a 10 year ban. (see below). Since there was mention of a 20 years ban, this was a SECOND deportation order (or had an aggravated felony conviction) (see below)

3) He re-entered illegaly a third time after he accumulated more than 365 days of illegal presence and after he was deported. This is a lifetime ban with a possiblity of a waiver in 10 years. (see below)

3) A person who had been ordered removed from the U.S., was never eligible to apply for adjustment of status under 245i.They took your money and began to process him, gave him a SSN and EAD and when they figured that out, they deported him again. A lot of lucky people were not detained or deported at their AOS interview -- possibly because they hadn't yet run all the background checks.

Bottom line, he has a lifetime ban. You wouldn't even have the opportunity to file a waiver for 10 years since the date he departed, and even then, with 3 deporations on his record, it will definitely not be easy, plus you need a 601 for the illegal presence. You might want to think about relocating to a third country and wait until the 10 years have passed to even file any paperwork. DEFINITELY consult an attorney who is experienced in deporations and illegal presence waivers going through Honduras. The location can make a lot of difference.

http://www.hooyou.com/245i/whonot.html

What 245i does NOT protect:

If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

In addition, 245(i) does not waive the three year/ ten year bar. Under the current law, an alien who has been out of status in the U.S. for more than 180 days would be barred from reentering the U.S. for at least 3 years; an alien who has been out of status in the U.S. for more than 360 days would be barred from reentering the U.S. for 10 years. Eligible aliens for Section 245(i) are still subject to the three year/ ten year bars.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Aliens Previously Removed or Unlawfully Present in the United States:

(i) Any alien who has been ordered removed under section 235(b(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

Aliens unlawfully present:

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or

(II) has been ordered removed under section 235(b(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.

[kitkat1 5]

I mentioned three deporations because the first one as a minor sure sounds like deportation. Regardless, he re-entered the country after prior illegal presence of 365+ days. This is an automatic lifetime ban. Re-entry after a second removal is a 20 year ban (which will probably make him ineligible in 10 years to try to overcome the 212a9c ban for the re-entry after prior illegal presence).

No matter how you look at it, he doesn't really have a shot at living legally in the US anytime in the next 20 years. You should really have a consult with a lawyer so you understand this.

p.s. only deported twice is a rather big deal (you can see the consequence in the law). It will NOT be easy to overcome.

INA §212(a)(9)C provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States and if, prior to the alien's embarkation, the Attorney General has consented to the alien's reapplying for admission.

Since he had been ordered removed twice, he received a separate 20 year ban:

Any alien who has been ordered removed under section 235(b(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.