I am a US citizen and just applied for the i-130 for my spouse but he had a prior ban of 10 years

Luna1233

Luna1233

New Member
Hello,
I am a little confused and have been told contradictory things. So, I am a Us citizen. My husband lives in Mexico. He had a deportation in 2018 before I met him. This year it will barley be 7 years; his ban is up 2028. I have been with him 5 years going back and forth to Mexico on my days off, holidays and etc. We finally got married and I did apply the application i-130. Ok were I get confused is I was told that at the interview they have to deny his application make him inadmissible to the US for having prior removal and then I would have to apply for i-601. I was told I could not apply for that form until they made him inadmissible at the first interview. Is this true? And I'm stuck there what happens after? I know you have to convince the interviewer that you are having hardship financial, medically and psychologically for them to oversee the 10-year ban. Would I then have to applied for another i-130? My husband was removed for being illegal and was present in the US for less than a year when removed. Is it even something that could be done?
 
Luna1233 said:
Ok were I get confused is I was told that at the interview they have to deny his application make him inadmissible to the US for having prior removal and then I would have to apply for i-601. I was told I could not apply for that form until they made him inadmissible at the first interview. Is this true?
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Yes. The simple flowchart in this link from uscis may help you understand the process and what needs to be filed when.

This link (and the links in it) has more detail.
www.uscis.gov

Application for Waiver of Grounds of Inadmissibility

If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility.
www.uscis.gov


It is often recommended that you use an attorney to help file the waiver when you reach that point to help maximize chances of successfully arguing the hardship case.
 
The deportation would have triggered a 10-year ban under INA 212(a)(9)(A)(ii)(I) if he wasn't granted voluntary departure. For an immigrant to overcome this ban within the 10 years, they have to file I-212, not I-601.

He might also have a 10-year ban under INA 212(a)(9)(B)(i)(II) for having accrued more than 1 year of unlawful presence and then leaving the US. An immigrant waiver for this ban is only possible if his US citizen or permanent resident spouse or parent would suffer "extreme hardship" if he can't be in the US. An immigrant waiver for this would be filed with I-601.

If he has both bans, then both I-212 and I-601 are needed.
 
@newacct thank you. He was in the US for a couple months did not complete the year that's on the official document with the EOIR. The I-212 I was told not to file until the initial interview as well, right that the interviwer would tell me what formas I needed to do just like the i-601?
 
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