I-130 Counsular Processing and 10 year bar

T

txboyscout

New Member
I need advise on what I should do in this situation

I have recently gotten an approved I-130 based on a USC Father and now waiting for the interview to be scheduled in Montreal, Canada.

I was granted voluntary departure by a Judge in 2005 and have been out of the country for almost six years now. Since I have over 10 years of unlawful presence in the US, I have been advised that a 10 year bar would possibly apply to me...

I know that if a bar applies to me, I can appeal it. However the chances of a waiver being granted are slim as I understand it.

My questions are:

1) If a bar appies to me and my waiver is unsucessfull what happens then? Does that I-130 die and I have to start from scratch again?

2) Would it be possible (and advisable) to delay my interview for a few years to when I am closer to the 10 year mark? This way the bar does not apply...

I would appreciate any comments, advise and suggestions.....
 
If cost is not an issue, you can try for the waiver. If it is denied. A new I-130 would probably be needed in the future as the DOS would cancel it after a while. Check the Visa Bulletin for your category and try to get dad to time it just right.
 
Thanks for the response

I have decided to go through the appeal route if the bar is applied to me. I am in the process of selecting a lawyer to help me dradt my waiver application and was hoping you would have some lawyer suggestions. Do you think I should take the waiver with me when I go for the counsular interview?
 
Hi, I am currently out of the u.s on an advance parole which has expired since 2/28/2011. On the advance parole it says i am inadmissible under section 212(a)(9)(B)(i).
I was admitted to attend college on a F-1 visa and my I-94 was for duration of stay(D/S). My I-20 was valid up till 12/31/2003 but unfortunately i did not renew the I-20. I continued going to school until i applied for graduation for may 2005 but did not receive my degree. In July of 2005, i got married to my current wife. My I-130 and I-485 were approved on 5/1/2006. My question is am i barred under the 3 or 10 year bar?
My adjustment application is still pending.
Pls, i need some assistance. Thank you
 
If your I-485 was approved in 2006, how is it that you have Advance Parole now? Do you mean you have a reentry permit?
 
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I reapplied for advance parole in 2010. My adjustment application has not been finalized. It is still pending.
 
Your adjustment of status will be denied because you stayed beyond the expiration of Advance Parole.

As far as the 3-year vs. 10-year bar is concerned ... 212(a)(9)(B)(i)(I) is the 3 year bar, and 212(a)(9)(B)(i)(II) is the 10-year bar. You said the AP says you are inadmissible under 212(a)(9)(B)(i), but without knowing if it's the I or II we can't determine if you got the 3 or 10-year bar.
 
Please, can someone who is knowlegable about unlawful presence answer my question. It would be appreciated.
 
To answer your question we need to know when you filed the I-485, and departed the US. If it was more than 180 days after the I-20 expired, I'd expect it's the 10-year bar.
 
My I-485 was approved on 5/1/2006. I-94 is for duration of stay. What i understand is even if your I-20 expires you are out of status and not accruing unlawful presence. So, can someone who is knowlegeable about unlawful presence please assistant. You can only accrue unlawful presence while on D/S if an immigration judge or uscis determine while you file an application.
 
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