2013 Latest Immigration Laws

[delia99]

What are the latest immigration laws in relation to a person awaiting for the 10 year waiting period due to deportation?

My spouse was denied residency in December 2012 due to a deportation he had in 2003. He has been in mexico for a couple of years now, will he have to continue waiting?

[AFFA]

Re: 2013 Latest Immigration Laws

I wish to inform you that your spouse can become permanent residence after Immigration and Nationality Act conditions are complied. In this regard if there is a 10 year ban then your husband can come to USA after 10 years. Your husband can obtain waiver by showing hardship to US Citizen. Your husband can become permanent residence after 10 year ban has been completed or waiver has been obtained. If deportation was in 2003 then 10 years will generally be till 2013 after which your husband can come to USA.

AFF

[delia99]

Re: 2013 Latest Immigration Laws

Thanks for the quick reply, I appreciate it.
Is there a specific form he needs to apply with or just the I-130 again?

[delia99]

Re: 2013 Latest Immigration Laws

I am a US citizen and he has no criminal record. This is what complicates the issue, he was deported in 2003 but returned the same year, we married after that and I then applied for him. We interviewed in 2005 and his Visa was granted but never issued. At the interview he was told he should wait in Mexico but was not removed or deported again. He remained in the US until 2010 and has been there ever since. I contacted immigration to get a status on his case and to let them know he was in Mexico. His Consul interview was in December 2012 where he was denied and informed he would qualify until Dec 2020.

My question is: are any of the latest immigration laws being worked affect a case such as his? It is unfair, that a person with a clean criminal record would be punished with a 10 yr wait and a family separated that long. No family can survive such separation. Sorry for the long story.

[sandyclaus]

Re: 2013 Latest Immigration Laws

I am a US citizen and he has no criminal record. This is what complicates the issue, he was deported in 2003 but returned the same year, we married after that and I then applied for him. We interviewed in 2005 and his Visa was granted but never issued. At the interview he was told he should wait in Mexico but was not removed or deported again. He remained in the US until 2010 and has been there ever since. I contacted immigration to get a status on his case and to let them know he was in Mexico. His Consul interview was in December 2012 where he was denied and informed he would qualify until Dec 2020.

My question is: are any of the latest immigration laws being worked affect a case such as his? It is unfair, that a person with a clean criminal record would be punished with a 10 yr wait and a family separated that long. No family can survive such separation. Sorry for the long story.

No, there are no changes in immigration laws that would change the 10-year ban.

Most likely, the reason that he was denied in December and given a 2020 date for lifting of the ban is because, despite having been deported in 2003 and given a 10-year ban, your husband illegally re-entered the country. He remained until 2010, at which time the ban would essentially re-start.

While you think it's unfair that a person would be punished with a 10-year wait, the law is the law. Your husband knew that and broke the law by returning here in defiance of the ban. Families are separated all the time. No one told him to illegally immigrate here in the first place, and there was no reason you could not have gone to Mexico to be with him while he waited out his ban re-entry period. He is being punished for breaking the law, just like anyone else would be.

[Disagreeable]

Re: 2013 Latest Immigration Laws

It is not unfair that he must serve out his 10 year ban. You married him knowing he was illegal. You are free to move to Mexico and live with your husband if you truly love him.

[sandyclaus]

Re: 2013 Latest Immigration Laws

It is not unfair that he must serve out his 10 year ban. You married him knowing he was illegal. You are free to move to Mexico and live with your husband if you truly love him.

More importantly, his 10-year ban would be over at the end of this year had he complied with the ban when issued in 2003 instead of sneaking back over the border and living here another 7 years until 2010, when USCIS was made aware that he was still here.

[delia99]

Re: 2013 Latest Immigration Laws

Thanks for y'all comments. I completely understand the reason for the ban, but what is unfair is that people with clean criminal records are treated like real criminals and banned for such a long time. We totally understand that re-entering was wrong and the only thing I can say in our defense is that we were both young and stupid in regards to "legal" stuff and we did not seek legal counsel at the time; but we heave been trying to "right" our wrong and do the right thing by the law. But they make it so very hard for the ones that trying hard. My husband is a decent, honest and very hard working man and yes, we'll find a solution to this situation and definitely seek legal counsel this time around.

Best regards, Delia

[sandyclaus]

Re: 2013 Latest Immigration Laws

Thanks for y'all comments. I completely understand the reason for the ban, but what is unfair is that people with clean criminal records are treated like real criminals and banned for such a long time. We totally understand that re-entering was wrong and the only thing I can say in our defense is that we were both young and stupid in regards to "legal" stuff and we did not seek legal counsel at the time; but we heave been trying to "right" our wrong and do the right thing by the law. But they make it so very hard for the ones that trying hard. My husband is a decent, honest and very hard working man and yes, we'll find a solution to this situation and definitely seek legal counsel this time around.

Best regards, Delia

Well, once your husband complies with the "law abiding" part and serves out the FULL 10-year ban that was given him to in the first place, our fine country will consider his request to re-enter our fine country and join you.