My husband waiver got denied and he is inadmisible to get a visa until after july 2020 , my cuestion is ¿ can we star the whole new proces befor that day or we need to wait after july 2020 ? Because last time we got all the paper work and fees done in like 2 years.
Thankyou for u time.
Sure! you can file as many waiver applications you want. The real questions is, is that wise? First, find out why it was denied. Consult with an immigration attorney if there is way to address the officer's concerns. Has the situation changed for better or worse? Overall, you need to start calling an attorney near you to help your husband's case.
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You can but whether you should is a better quesiton, which has to do with the realistic assessment of your chances vis a vis facts. Please talk to an immigration attorney.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Your husband can certainly file another waiver. However, you need to determine the cause of the denial of the waiver and address that issue or issues when the waiver is re-submitted. You also should seek the assistance of legal counsel.
Hiring a reputable and experienced immigration lawyer to analyze the reason for the denial is what you should immediately do. Otherwise, simply re-filing the waiver without adequately addressing the ground(s) of the denial will serve no useful purpose and you'll likely suffer yet another denial.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Interesting question. I think that you might be referring to the permanent bar. Did the waiver get denied in 2010? Has he been outside the US already for 4 years? Without a lot of information is difficult to answer but many times, when you go to the US Consulate and you get that dreaded document stating that you cannot reapply until 10 years have passed, you are being found inadmissible under the permanent bar. Which despite being called "permanent" it's not, and after 10 years of remaining outside the US, your husband can request the government to lift the bar and allow him to immigrate. It's hard to know if this is your situation without looking at the file. Visit an attorney and get the right answers. That way, you will know once and for all whether you need to file another waiver right away , or whether he is in fact subject to the awful permanent bar. Good luck!
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