US Citizen filing for parents having 5 year ban

A

annakm79

New Member
Hello Everyone,
I am US Citizen since July 2011. I would like to file immigration petition for my Parents. My Mother was inadmissible to the US per section 212a(7)(A)(i)(I) of the INA and her application was withdraw into the US in lieu of a formal expedited removal from the US under section 235(b)(1). This situation happened on May 24 2008, I am thinking that she got 5 years ban because of strong possibility that she was working in the US during her previous visit. When she was going back home on September 2007 she was stopped for inspection (just before her flight), they checked her pockets, etc. She had $3400 in her wallet. When she came on May 24 2008 Immigration Officer took her on the side and kept asking questions about coming into US not just for visit but to work and make money. After long hours of investigation my Mother gave up and agreed to sign the sworn statement (questions from the I867A, I867B), basically she agreed that she was few times cleaning people houses. So then Immigration Officer cancelled her visa and stamped her passport with the number 212a7AiI and said that she can come back if she wants to work here but with different type of visa. After long hours of investigation (they took her fingerprints; I guess they started her criminal record) she went back to Poland.
I would like to know if I file for her now, will there be any issues or will it be OK as the 5 year BAN is complete (hopefully that was just 5 year ban, not 10). Please help me with this situation, if I have to do any additional paperwork (waivers) or it will be better if I will hire lawyer for the filling or maybe I can do it on my own, and if I will do it by myself then do I need to attach any paperwork regarding investigation to I-130? And then question 16 on that form I-130 says; has your relative ever been under immigration proceedings? My answer will be YES and then they asking when; May 24 2008 and then they asking if this was removal, exclusion/deportation, rescission or judicial proceedings. What should I choose? My answer should be removal? Do I have to attach any documentation explaining this situation? For example any Record of Deportable/Inadmissible Alien?
Please advise. Please help.
 
Last edited by a moderator:
Gentleman, with any kind of ban I will advice you to seek the help of a competent immigration attorney instead of seeking help on an anonymous forum where we will never know all the facts of the case. You do not even know for certain how long her ban is. We are not fortune tellers here.

Get a competent immigration attorney, pay him/her some money, and let them do the heavy lifting required for such a non-routine case.

Good luck!

PS: Also wanted to point out to you that the bar is not just a 5 year bar, it is for a minimum of five years, it could be more depending on the entirety of the facts. Get an an attorney!

annakm79 said:
Hello Everyone,
I am US Citizen since July 2011. .................I would like to know if I file for her now, will there be any issues or will it be OK as the 5 year BAN is complete (hopefully that was just 5 year ban, not 10). Please help me with this situation, if I have to do any additional paperwork (waivers) or it will be better if I will hire lawyer for the filling or maybe I can do it on my own, and if I will do it by myself then do I need to attach any paperwork regarding investigation to I-130? And then question 16 on that form I-130 says; has your relative ever been under immigration proceedings? My answer will be YES and then they asking when; May 24 2008 and then they asking if this was removal, exclusion/deportation, rescission or judicial proceedings. What should I choose? My answer should be removal? Do I have to attach any documentation explaining this situation? For example any Record of Deportable/Inadmissible Alien?
Please advise. Please help.
Click to expand...
 
Last edited by a moderator:
ananga73 said:
PS: Also wanted to point out to you that the bar is not just a 5 year bar, it is for a minimum of five years, it could be more depending on the entirety of the facts. Get an an attorney!
Click to expand...

If it was expedited removal, it is five years - no more and no less.
 
us citizen filing for mother having 5 year ban

Thank you so much for your responses.
Several months ago I went to the lawyer, he fill it out Form G-639 Freedom of Information just to see what exactly happen during the investigation at the airport and why they didn't let her into the US. After 120 days lawyer called me and said that they received paperwork and looks like this is 5 year ban because they are "strong possibilities that subject was working here during here previous visit". Again lawyer said that for something like that you are not allowed to come back for 5 years which will end this coming may 2013. He also said that he will help me; everything will cost me around 3000 plus fees for immigration (which is around $800), unfortunately this is a lot of money to me.
I was just hoping that someone came across similar situation and could advise me if this is something I can do it on my own and avoiding paying huge (to me) amounts. This paperwork which I got from the attorney contains 1. Record of Deportable/ Inadmissible Alien I-213, 2. Record of Sworn Statement, 3.Withdrawal of Application for Admission (They checked box with: Application for Admssion Withdrawn), 4. Notice to Detain, Remove, or Present Alien (They checked box with: Notice to remove the alien from the US, and then subject is inadmissible to the US, but nowhere you can find for how long..., ect.
But I guess, like you said this is to complicated to be handle by someone who is not a lawyer.
Thanks again!
 
Last edited by a moderator:
Well I understand you about the attorney fee. If from what you've discovered from the FOIA, it was a five year ban, then she does not need a waiver. In that case, go ahead and file the I-130 which is the first step when the five year anniversary is over.

The worst thing they can do is to deny you, and that will cost less than the attorney fees. The steps are outlined here:

http://legalimmigrationstatus.blogspot.com/2010/02/steps-in-consular-processing.html

It is not complex. Make sure you keep all the documents from the FOIA so you can submit when they ask. Sometimes USCIS are lazy in obtaining information from another part of the same agency.

Best wishes bro.

annakm79 said:
Thank you so much for your responses.
.....
I was just hoping that someone came across similar situation and could advise me if this is something I can do it on my own and avoiding paying huge (to me) amounts. This paperwork which I got from the attorney contains 1. Record of Deportable/ Inadmissible Alien I-213, 2. Record of Sworn Statement, 3.Withdrawal of Application for Admission (They checked box with: Application for Admssion Withdrawn), 4. Notice to Detain, Remove, or Present Alien (They checked box with: Notice to remove the alien from the US, and then subject is inadmissible to the US, but nowhere you can find for how long..., ect.
But I guess, like you said this is to complicated to be handle by someone who is not a lawyer.
Thanks again!
Click to expand...
 
Last edited by a moderator:
annakm79 said:
Again lawyer said that for something like that you are not allowed to come back for 5 years which will end this coming may 2013.
Click to expand...

If the 5 years will expire in May 2013, you can initiate the process by filing the I-130 right now. If there is no other problem she'll get approved if the interview is after the 5 year ban has expired. The interview will almost surely be after May even if you file the I-130 immediately (and if the case progresses really fast there are ways to delay it).
 
Same situation

Hello I read your situation and is similar with mine. My mother a LPR wants to apply for my sister. She was band for 5 years with the same section INA 212 a7aii. I already talked with 2 lawyers but they have different opinion in what waiver she needs. One told me she doesn't qualified for I 601 and the other says she needs I 212 and i601 even when the 5 years passed. Help me!!!!!
 
vivianibaehr said:
Hello I read your situation and is similar with mine. My mother a LPR wants to apply for my sister. She was band for 5 years with the same section INA 212 a7aii. I already talked with 2 lawyers but they have different opinion in what waiver she needs. One told me she doesn't qualified for I 601 and the other says she needs I 212 and i601 even when the 5 years passed. Help me!!!!!
Click to expand...

She needs to be a US citizen to file for her sister.

The wait is 12+ years for the sibling category, so the 5 year ban would expire long before the immigrant visa interview.
 
The OP's mother is applying for the OP's sister - her daughter. If she's unmarried, it's around 8 years (outside of Mexico and Philippines).
 
Does she need any waiver after the 5 years is completed?

TheRealCanadian said:
The OP's mother is applying for the OP's sister - her daughter. If she's unmarried, it's around 8 years (outside of Mexico and Philippines).
Click to expand...

Do you think she need any waiver after the 5 years is completed? like I-601 form?
 
Jackolantern said:
She needs to be a US citizen to file for her sister.

The wait is 12+ years for the sibling category, so the 5 year ban would expire long before the immigrant visa interview.
Click to expand...

As far I been reading in the USCIS website LPR mother can apply for her ummarried daughter and it takes 8 years. My question is if she need a waiver after the 5 years is completed, like the form I-601.
 
Hello
Is there a way to request G-639 (freedom of information) without hiring a Lawyer? Can I family member request or the person who was deported needs to do it herself? The Lawyer I talked to is charging me $2500 to request more detail documents. My family member that got deported left the airport with a 10 pages of her notice of expedition removal order. Is there any more documents beside this. I think my lawyer wants easy money and maybe I can request myself or the person that got deported can request. Please help.
 
vivianibaehr said:
Hello
Is there a way to request G-639 (freedom of information) without hiring a Lawyer? Can I family member request or the person who was deported needs to do it herself? The Lawyer I talked to is charging me $2500 to request more detail documents. My family member that got deported left the airport with a 10 pages of her notice of expedition removal order. Is there any more documents beside this. I think my lawyer wants easy money and maybe I can request myself or the person that got deported can request. Please help.
Click to expand...

Well, maybe you really need a lawyer - if by now you weren't able to figure out whether you can submit the form by yourself (it's available online, instructions as well) :), then you better pay for help... just my 2c.
 
I thought this site was for people to help each other not make stupid comments. If you don't have any information to give, just don't. This site is for people with questions even though it can sound pointless for other. So please, if don't have anything helpfully to say, just don't.
 
vivianibaehr said:
I thought this site was for people to help each other not make stupid comments. If you don't have any information to give, just don't. This site is for people with questions even though it can sound pointless for other. So please, if don't have anything helpfully to say, just don't.
Click to expand...

It wasn't really my intention at first, but hey: stupid comments are expected for stupid questions. This form is one of the simplest forms I've seen, did you expect help or reading and comprehension skills classes? You are requesting information from them, just tell them what you need, and they'll send it to you. You are the only one who knows answers to those questions - otherwise, pay up, that's why we have immigration lawyers. Just answer the questions on the forms for God's sake and get your family member to sign the consent in # 3. So, if you don't know if you are citizen or resident, and if you don't know your name and phone number - then you tell me who is stupid now?
 
This forum don't need people like you. If you can't help just don't, or if you want to critize people's questions go find something else to do. Everyone is already struggling because a family member has been deported and I don't need comments like this.
 
OK, I get it - it's easier to ask questions here than to read the simple form, somebody else should tell you if need a lawyer to enter your name and address into the form... no problem, that's what this forum is all about :) Good luck anyway :)
 
To try and turn things in a more constructive direction, what problems did you encounter when filling out the G-639, vivianibaehr?
 
You must log in or register to reply here.
Top