What can I expect if I tried to file again for my husband to come back? 6 Answers as of October 06, 2011
My husband was arrested twice in 2007(came back after the first arrest) and both times he was given over to ICE and both times he signed the voluntary departure. I filled for my husband's i130 in2008. It was denied at interview. He was told there was nothing we could do until 2017! I tried living in Juarez but it's just too dangerous. I have a 3 year old who misses her daddy. So I wanted to try again. I filed again January 2011, now I'm just waiting for the interview. My husband has been in Mexico for four years now. Will this help the case? Will he need a waiver? What should I expect?Free Case Evaluation by a Local Lawyer!
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Reza Athari & Associates, PLLC | Reza Athari
Your husband has triggered the permanent bar. He will have to stay outside the U.S. for 10 complete years and then apply. He may require a waiver as well.
Answer Applies to: Nevada
Replied: 10/6/2011
Law Offices of Grinberg and Segal | Alexander Segal
I would need additional information to determine what can be done. I need to know what specific bar they have applied to him as based upon the facts you have provided, he may be subject to a 10 or 20 year bar. The 10 year bar can be waived if he can demonstrate extreme hardship to you. He will need a hardship waiver, which is documented with supporting evidence. He will also need an application for readmission after removal. This really is a matter you should consider retaining counsel to assist you with.
Answer Applies to: New York
Replied: 10/5/2011
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If he took voluntary departure then he should not be barred for the 10 years. Yes he will need a waiver to overcome past unlawful presence etc.
Answer Applies to: Florida
Replied: 10/4/2011
Feldman Feldman & Associates, PC | Lynne Feldman
He will not be able to immigrate until he is in Mexico for ten years as he has triggered the permanent bar when he returned to the U.S. Only chance and not a guarantee is to have him come sooner would be for him to qualify for a non-immigrant visa of some type and then apply for a 212(d)(3) waiver.
Answer Applies to: California
Replied: 10/4/2011
Hilf & Hilf PLC | Sufen Hilf
Your husband is barred permanently due to his two illegal entries and he is not eligible for waivers until he lives in Mexico for 10 years.
Answer Applies to: Michigan
Replied: 10/4/2011
Cardenas Law Firm | Abraham Cardenas
You need to find an immigration attorney that knows how to do the waiver that you must file with the consulate. You case is very difficult and I do not recommend that you even try to do anything without an attorney.
Answer Applies to: Florida
Replied: 10/4/2011
