RE-Applying for my immigrant wife with 10 year ban

#1
Hello,
Back in 2014 I had petition for my wife. Went through the whole process: I-30, 485, 601A(Approved)......while in the interview she was given a 10 year ban. When and how would be the best way to re apply for her? Is there any ne law that can help us.
 

newacct

Well-Known Member
#4
Well, it's kind of important. If you want to know when the ban is over, you need to know what caused the ban and when. For example, it could be a 10-year 9B unlawful presence ban for accruing more than 1 year of unlawful presence and then leaving the US, but if she had an approved provisional unlawful presence waiver, then that ban should be waived, so unless she had another ban, she shouldn't have been denied. Was it a 10-year 9A ban for having been removed? Or maybe you are describing the lifetime 9C ban for which I-212 can only be filed after 10 years? Was it a 10-year ban for prostitution? I can't think of any other 10-year bans.
 

newacct

Well-Known Member
#6
Was she unlawfully present in the US for cumulatively more than 1 year on her previous stays in the US (after 1997 and before her last entry), and then she entered illegally on her last entry? If so, she has a lifetime 9C ban (not a 10-year ban) and she can only file I-212 after being outside the US for 10 years.
 
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