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This may already have been brought up somewhere in the 17 pages but if not I thought I'd mention it.
The fact that your husband crossed the border illegally again as an adult actually doesn't matter. He would have been barred anyway because he has lived in the US illegally after his 18th birthday. A child who is brought here as a minor is not held accountable for having broken immigration law by coming here and staying here. But once that child turns 18 it becomes his responsibility and he is held accountable. You are not subject to a bar if you overstay for less than six months so an illegal immigrant who has been brought here as a child should leave before he is 18 years and 6 months to avoid the bar. If he is here for more than 6 months but less than 1 year after his 18th birthday the bar is only for 3 years. Once he is here for more than one year though the bar is for 10 years regardless of whether he crossed the border illegally of his own volition or not.
I think it's outrageous that your lawyer told you that your husband would qualify for a waiver because odds are that he won't. Those waivers are very hard to get and simply having an American spouse and child is sadly not enough. Lawyers know this but they keep giving families false hopes so they can make a buck. Never trust what a lawyer tells you. Always do your own research, especially when it comes to immigration lawyers.
Am not sure where you got your info, but only partially is right. Having been through not only the immigration process but also the 10 year ban, it took many of frustrating reading and hours to understand this. We had no lawyer, I was the lawyer. Having a lawyer gets no one pull in this process. They simply fill out forms is what they do. And sadly many lawyers don't even know all the laws, cause in immigration they are always changing. As for why this 10 year ban exists and is enforced for people like th OP is simply cause her husband entered U.S. illegally twice. If one has had illegal presence in U.S. then for whatever reason whether deported or VD went back to Mexico then re-entered a second time to U.S. it is a automatic 10 year ban. It doesn't matter ones record or what they did or didn't do in U.S. this is according to USCIS the worst thing, besides extreme behavior(drug traffick, smuggling, murder) one can do to them. They think it is a huge slap in the face to them
and is why they stick like stone to the 10 year ban. No one can get out of it not even with a congressmen help.
It also doesn't matter if it was more than 2 times in my husbands case it was, they still count twice. So basically in their eyes you are asked to leave you don't come back again or you suffer the consequences. It really is a lifetime ban they will tell you to never come back, but the only way out is being married to U.S. citizen and being eligible for a waiver after 10 years. These are rare, most cases the intending resident has been in U.S. the one time or simply has just never been caught.
I would like to edit some of my original posts, that's all. No one else's, just mine. I think I put far too much personal information in them at a time when I was emotionally unstable, and I regret that it is now on the Internet for anyone to see. At the time all I could think about was that life as I knew it was over, and I was grieving and not thinking properly.
Also, I was the original poster, not carole or whatever her name is. And I didn't want to be attacked by anti-illegal immigration posters in this thread, not because I think illegal immigration is just fine and dandy (which I don't), but because I wasn't creating a thread to debate immigration but rather to find practical help in moving to another country.
So...is there any way for the moderator to help me out here? I'd like to delete either the entire thread or at least edit my original post to have less personal detail online for the world to read.
Let me add that I found some of the responses here to be extremely helpful, and I applied some of the suggestions given when I did move to Mexico. Thank you, Steve Bagu and others.
I can def understand the emotional toll it takes. I have been done with the immigration process for almost 2 years now, but the wounds are still fresh. I don't think I have ever experienced anything quite like that. I haven't read all of your thread but I don't know why you would want to end it. You may help some others going through the process. When one starts the process they are always lost and don't know what to do, I
myself made numerous mistakes and was lucky to come upon a forum geared toward this at the right time.
Am not sure what stage you all are in or what is going on but I do wish you best and one thing I learned was what was most important was family , and staying together. The other part is just not in our control and is not worth all the unwanted emotions that come with it.
I recently moved to puebla to be with my family here in puebla because my wife couldn't get a visa to come to the states so I am making a go of it here and it would be nice to talk to other Americans here to find out short cuts of jobs, living, and immigration. To be aware of bad areas here would be some good knowlege, a little run down of me is I served in the military for 14 years and was allowed to retire early so I met a Mexican woman and married her, I went back to the states to see if she could follow but because of 9-11 it has proved to be a very difficult task, so I came back and plan on being here for a long time, I am currently looking for work and my wife found me a job teaching English where she works, but I have done anything with immigration yet does anyone have any pointers?
I recently moved to puebla to be with my family here in puebla because my wife couldn't get a visa to come to the states so I am making a go of it here and it would be nice to talk to other Americans here to find out short cuts of jobs, living, and immigration. To be aware of bad areas here would be some good knowlege, a little run down of me is I served in the military for 14 years and was allowed to retire early so I met a Mexican woman and married her, I went back to the states to see if she could follow but because of 9-11 it has proved to be a very difficult task, so I came back and plan on being here for a long time, I am currently looking for work and my wife found me a job teaching English where she works, but I have done anything with immigration yet does anyone have any pointers?
Why was she denied? Makes a big difference in how you proceed.
I realize that you have posted this awhile ago and it is possible you are already living in Mexico with your family. One option to consider, that you may have considered already, is the appeals process. I really think it would be worth your while to appeal the process. I have heard some very positive stories from couples who were initially denied and then appealed. Good luck to you and your family. I will keep you in my prayers.
It would be nice to hear a update from the OP since so much time has passes. Is why I said in a earlier post that she should not end the case. Actually it doesn't end and she can pick up from where she left off. She first posted in 2008 and her hubby had a lifetime ban. If they are still married then he will be eligible for a waiver taking the ban off after 10 years and it has been 7 years (if 2008 is when he was banned). Now immigration laws have changed dramatically since 2008 but I think the lifetime ban is still the same. Is quite amazing how much time passes though, we also started the process in 2008.
Wow all this i see here make me sad. Im american citizen and my wife is mexican the mother took brought her when she was 14 she didn't knew what she was doing or where going. She bein in usa 30 years and working married now with me 5 years she got her appointment in juarez and was denied no explanation and no permission to defend herself. Its been a year already since we apply for the second time for the waiver non answer yet. Its not fair!!!!! Its my ****ing wife people MY WIFE why USA have to take it away from me just like that. Now the people in the embasy that were married Mexican to mexican approved i saw them getting out with the papers of approval but for some reasson all that were married with usa citizen denied a straight way to gett money doing everything again and who they say are the delinquents ahhh ****img goverment bring my ****ing wife homeee
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living in puebla Mexico
