Monday, March 19, 2012

A weekend full of USCIS!!!

Well, we decided to start checking out our options for Miguel's visa.

First of all, a little background.

Miguel first tried to enter the US in Feb 2005, he was caught by CBP a few hours after crossing the river 3 times!! Each time the officer took fingerprints, photo and told him he was just signing a permission to be sent back across the border. After the 3 times, he went back home. He tried again a year later in Feb 2006, this time, he crossed. We met in March 2007 and you know the rest.

So, he attempted to enter 3 times was caught by Border Patrol all 3 times, never advised about any bar, just signed a permission to be returned to Mexico. Entered again, stayed for 5 years, and returned to Mexico.

On Friday, I read about the CR1/ IR1 and after investigating it, it sounded like the best choice. So, I contacted a few attorneys and registered on Visa Journey I posted a question about our situation, they recommended me to I then posted on there, only to be told that, Miguel more than likely has the 10 year bar and not eligible for the waiver.

I am waiting on the attorney to respond but, am getting stressed. I have went from being told, you can get the visa within a year to no he will have to wait out the 10 years, and back and forth all weekend!!

At this moment, I do not know what is going on, I am planning on doing an FOAI request which, is a request for Miguel's records with Border Patrol but, don't know if I need to use our American address or our Mexican address. Plus, I don't know if there is a possibility that this request can hurt our case in any way.

Any advice from anybody who has been through this is greatly needed and appreciated! Thanks in advance!!!


  1. I hate to be a bummer but the 10 year ban is exactly what your husband would receive at this point. Three different entries w/o inspection, caught all three times, I would assume it's at least a 10 year ban if not a lifetime ban. That doesn't mean you can't try filing a waiver though. I would read about filing a waiver and a hardship letter on the website, there is a lot of good information there.

  2. Oh and for filing for a visa you must use your American address or it'll be denied.

  3. Hey stephanie, wish I had some advise to give, but we have not even started with that journey because Javi was caught more than a few times and I am assuming we have a ten year ban no questions, but I dont know if you have a facebook account, lok up this group waiting for a miracle. It includes all us girls who are going through this lovely process and I am sure you will get an answer today. They have so much advice and know so much about the system. Good Luck!/groups/waitingforamiracle/

  4. It doesn't sound like the 10 year ban to me... That is for someone who EWI, stays for a year or more, then leaves the US and THEN comes back EWI again. Unless those 3 "throwbacks" were actually deportations, I don't think he will have that kind of a ban because he did not accrue a year or more of illegal presence, leave, and then come back. Actually, the 10 year ban is really a lifetime ban, but there is a waiver available after at least 10 years of living outside the US. There IS a regular 10 year ban, but that one has a waiver available immediately for a spouse of a US Citizen. The 10 years actually refers to the wait before you can submit a waiver.

  5. Man, I wish I knew more right now to help out. I am one of the ones assuming mi viejo also will have a 10 year ban, have been readin on the forum you mentioned about how to aply for a waiver. Im also meeting with an attournet when I return back home this coming week to discuss his possiilities.

    Good luck, keep us posted!

  6. It doesnt sound like the life time ban waiverable after 10 year. unless what he sign at the border was an expidate removal. if all those 3 were "catch and release" immigration community call those "throw backs" then your hubby will be given the 10 year ban with a chance to submit a waiver. I'm a member of love that website has lots of good information. I would recommend you to speak to one of the attorneys recommended there. I hire Laura Fernandez, and she does give free consultations. and really what you have describe he is not subject to the lifetime ban waiverable after 10 years. probably you missunderstood. because anyone who was been in the US illigaly for over a year does get the 10 year ban with a chance of turning in a waiver.. the other one is when you enter iligally stay over a year leave and then come back that one is lifetime ban waiverable after 10 years out of the country.. so please do talk to an attorney. wishing you good luck.. this process is so stressing..