I'm a us citizen i am living with my husband in Mexico for the past 5 years we have a daughter i want him to move to the us with me and my daughter but he was there illegally 9 years ago i want to start the process now so when he gets the appointment in Juarez the 10 year barrier already pass he doesn't have any criminal record or was never deported he got out in 2007 because he had family issues and never came back but before that he also got out in 2002 on a plane because his grandmother was really sick and he came back illegally 3 months later and stayed there until 2007 i learned that we would have to file an i 212 waiver because he was there 2 times illegally even though he was never deported or stopped by any immigration officer in that application he has to put the exact dates when he entered and when he got out but he only remembers the 2007 date not the 2002 because its been so long we are afraid that if he puts approximate dates they might think he is lying
The answer to this question is too complex, and trying to answer in this forum will just cause you more confusion. You should schedule a consultation with a lawyer to evaluate your case and the different options you have.
The information provided in this post should be construed for informational purposes only and is not legal advise or intended to establish an attorney/client relationship. Feel free to contact our office at 954-306-6921 for a consultation with an attorney.
Contact a US immigration attorney to review the specifics of his entire US immigration history to determine timing.
Your spouse seems to have triggered the 10 year bar and the permanent bar. I believe you should focus on those issues and I strongly recommend that you visit with a qualified and experienced immigration attorney to assist you.
Based on the facts as described, your spouse appears subject to the permanent bar under 212(a)(9)(C)(i) (in addition to the 10-year unlawful presence bar), for having been illegally present for an aggregate term of 1 year or longer and then re-entering illegally. He would have to wait 10 years from the date he last departed the US in order to file for the I-212 waiver, so he would be eligible to apply in 2017. Please do not try to handle the I-212 without the assistance of an experienced immigration attorney.
Please note, the above answer is for general informational purposes only and does not create an attorney-client relationship with this attorney or her law firm. We represent clients in all 50 states and abroad.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline