Married USA citizen. Previous deported and ban

H

Heartali

New Member
Hello,

Tourist to USA in 1999 (age 7) and overstayed
caught in 2012 (age 19) and banned for 10 years
moved to Canada in 2012 as student
become Canadian resident in 2015
married USA citizen in 2018 and living in Canada
USA ban finishes in 2022

1. what do I do to apply for USA green card in 2022?
2. Is there any chance I can move to USA with spouse after ban in 2022? Will I have any problems due to prior ban?
3. what paperwork do I need to file?
4. how long will it takes before I can move to USA permanently?

thanks. Any help is appreciated
 
You don’t need any paperwork relating to the ban if the ban period is over. Has your spouse filed I130 for you yet? (An i130 will get you an immigrant visa, and you get a green card once you use it to immigrate to the US.) He or she can file while the ban period is still working out - it is only at the point of visa issuance that the ban period needs to be completed.
 
No my spouse hasn’t filed the I130 yet Since there is still 10 months left on ban

should we file it now? We though to wait for ban to be over?

how Long does I130 take to approve? What would be the next step?

Thanks for the advice
 
Heartali said:
No my spouse hasn’t filed the I130 yet Since there is still 10 months left on ban

should we file it now? We though to wait for ban to be over?

how Long does I130 take to approve? What would be the next step?

Thanks for the advice
Click to expand...
It will probably take close to a year and quite possibly longer than that for the i130 to be processed/approved by uscis judging by current processing times, then it will spend a few months at NVC getting processed and documentarily qualified, and then you will have some months’ wait after that to get an interview slot at Montreal. Montreal was already backed up before Covid and is even more backlogged now. I would be almost certain there is no way you’d get an interview slot within the next ten months if he/she filed today.
 
Very interesting.

we were waiting since we thought we would get in trouble for applying during my ban since there is still 10 months left but based on your advice we will apply now

do you think I will face any backlash for the prior ban? Is there any chances for rejection?
what do we do after I get there on i130?

thank you so much
 
Heartali said:
Very interesting.

we were waiting since we thought we would get in trouble for applying during my ban since there is still 10 months left but based on your advice we will apply now

do you think I will face any backlash for the prior ban? Is there any chances for rejection?
what do we do after I get there on i130?

thank you so much
Click to expand...
It’s an immigrant visa and you were banned for overstay so there should be no implication from the ban. I cannot say if there is a chance of rejection due to anything else (criminal record, sponsor does not earn enough, etc)

what do you mean, “what do we do after I get there on i130?” At the end of the process you will be issued an immigrant visa, and once you enter the US on that you immediately become a lawful permanent resident/green card holder.
 
I meant was would there need to be any other filing after I get to the USA

im thinking the i130 would get me the visa to enter USA and then I would have to file for green card once there But based on what you said, it seems like the process only requires a I130 approval which gets me a visa to go to USA and then that same process will get me a green card
 
I-130 approval is only the first step. Then it goes to NVC and the consulate for the Consular Processing, which itself takes a while. Only at the end of that do you get the immigrant visa.
 
Heartali said:
No my spouse hasn’t filed the I130 yet Since there is still 10 months left on ban

should we file it now? We though to wait for ban to be over?

how Long does I130 take to approve? What would be the next step?

Thanks for the advice
Click to expand...
You should not wait for the ban to file the form the ban apply just for the duration to enter to USA, to save time file the form now by the time you will be approved the ban will be over
 
Heartali said:
I meant was would there need to be any other filing after I get to the USA

im thinking the i130 would get me the visa to enter USA and then I would have to file for green card once there But based on what you said, it seems like the process only requires a I130 approval which gets me a visa to go to USA and then that same process will get me a green card
Click to expand...
newacct said:
I-130 approval is only the first step. Then it goes to NVC and the consulate for the Consular Processing, which itself takes a while. Only at the end of that do you get the immigrant visa.
Click to expand...
The process was explained in post 4 and the final step clarified in post 6.
 
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