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I am a us citizen married to an illegal immigrant from Mexico for 9 1/2 yrs. My husband was denied his visa and

Columbus, OH |

was told he could not file a hardship wavier due to being under a 10 yr. bar for being in the US for more than 1 yr. When we went to CDJ last year they would not even look at our wavier.Can we reapply and then file an appeal since we were not informed we could file an appeal? Is there anything we can do.Also on the paper that CDJ gave us there is conflicting info on it. Can anyone help us and tell me if we can reapply for wavier or if there is anything we can do.

Attorney Answers 3


More information is needed to determine whether he triggered a section of the law known as Section 212(a)(9)(C). This may create a mandatory ten year wait period before he has the right to file for a waiver of unlawful presence. Was he ever deported from the U.S.? Was he denied a waiver, but unlawfully came back to the U.S. in spite of that decision?

I strongly recommend an appointment or teleconference with an experienced immigration law firm like our office.

The above is general information and does not create an attorney client relationship.

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How long ago was the Visa denied? And Was the Visa Denied because he had unlawful entry or unlawful presence in the United States? Sometimes there is confusion. You may file an appeal but have a window of 30 days to do so. You may be better off starting new and filing again from the beginning but this time ensuring that all of the information is answered correctly. An Immigration Attorney may be able to direct you through the process of Consular Processing and be able to explain the Waivers required.

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Refile the I-130 petition but get a good lawyer before you do that. You need to find out exactly why his petition was denied.

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