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I husband over stayed his visa and went back to Mexico in 2008 which I'm told gave him a 10 year bar. In 2010 crossed the border with his 5 or 6 times until one day stopped and immigration canceled his visa. I'm now told this action gave him a permanent bar. If he is to cross the border illegally will the immigration reform allow him to become a permant residence? Or will he not be allowed since his visa was canceled at the border?
It's my understand that a permanent ban is just that - permanent. The new law covers people who are qualified to become legal. Your husband is not.
He is found guilty of immigration document fraud, and barred from entering US permanently.
He is not qualified.
My husband hasn't ever crossed the border illegally yes he did overstay his permit. I have not filed an I 130 so I don't know for sure that he has a per bar I was just told this by someone. We went to the border where the immigration officer canceled his visa to find out exactly what happened with his visa and they have no record of anything. They asked for the paperwork my husband was given and he said he wasn't given any. The officer said oh then don't worry you can get your papers it's like you lost your visa nothing happened. So I don't know. I plan to file the I 130 so we can get an appt at the consulate and know for sure. I was also told he could still do a waiver if he has a bar.Quote:
Originally Posted by lawanwadee
I'm confused - his visa exired but he kept crossing the border and that wasn't crossing illegally?
I assume he overstayed his visa and return to his home country, then came back with fraud document, this is why immigration officer cancelled his visa. Fraud for immigration benefits costs him permanent bar.
She can petition him but this is a very tough case.
I agree - I think it's a question of phrasing.
No his visa was still valid it wasn't expired. He reason he was stopped by immigration was because he crossed the checkpoint with his friends and one friend forgot his visa and starting getting an attitude with customs so they were sent inside and they took my husband and investigated his visa and saw he had overstayed so they took his visa away. He crossed with a valid visa every time.Quote:
Originally Posted by JudyKayTee
This is what I was told. Going back to Mexico after the overstayed gave him a 10 year bar. Then him crossing with his valid visa before the 10 years gave him an aromatic perm bar. But I was like he crossed with a valid visa nothing illegally he was inspected by customs every time.
Just so I have this - and I must be missing something - your husband's visa had expired, right?
And he got stopped at the Border for whatever reason?
And he got barred from re-entry?
I'm former Homeland Security. "We" didn't pull visas due to attitude.
No his visa was NOT expired it was still valid for another 2 months. He was in a car with friends they were taken inside and upon further investigation they realized my Husband had overstayed his I 94... he used his visa to get a drivers license and our marriage license etc. So because of the overstay customs took his visa and cancelled but they did not deport him. Customs said he could still reply for another visa or get his papers no problem.Quote:
Originally Posted by JudyKayTee
Immigration never said he was barred from re entry.Quote:
Originally Posted by MistyD31
They cancelled his visa and, by the way, this is something Immigration does, not Customs.
I don't understand your confusion - apply for a new visa. When he gets one, then take another look at Immigration Reform. If, on the other hand, he cannot get a visa, then Immigration Reform does not matter.
I really want to get his papers not really a visa. My main question is does he really have a permeant bar? They said going back to Mexico after the overstay gave him 10 year bar then the crossing with his visa and immigration canceling it gave him a permeant bar... is this true?Quote:
Originally Posted by JudyKayTee
We've all already said, yes, it's called a permanent bar... because it's a permanent bar.
Your only hope - if there is any hope - is an Immigration Attorney if you can find one who will take the case.
Ok I'm only asking if someone knows if it is really a perm bar. Immigration did Not tell me this I was told this by a legal advisor not an attorney. I am just wanting to know if someone can give me direction on if it is really a perm bar. I have not gone to the Mexican consulate and have not spoken to immigration other than at the border check point where I asked what happened with his visa and immigration said it was just canceled and he could still file his papers.Quote:
Originally Posted by JudyKayTee
I do not know for sure it's a prem bar... I don't see why it would be because he never crossed illegally and always with a valid not expired visa.
Again, "they" said he has a permanent bar. Why do you not believe "them?"
Because I have been researching and what I have read it says if you cross illegally without inspection then he is subject to the perm bar. I was just trying to see if someone could give me some clarification. I saw the immigration law where it says crossing before the 10 year bar is up is subject to a perm bar but reading further into immigration law it says if you cross illegally without inspection. And yes when someone tells you your husband has a perm bar when he has never committed fraud or crossed illegally I am going to question it... he has no criminal record of any kind either. We have been married since 2005 and have 3 children together. So of course I want to bring him back over here. I just wanted to see if someone had any information and could give me any clarification. I plan to file to I 130 so I can go to the Mexican consulate and know for sure but I'm just trying to find out what I am getting myself into.
To make it easy for you to understand... he overstayed his visa, this means he has a 10 years bar, BUT when he obtained a visa by telling lies, it is different. When someone lies to get immigration benefits, it is a felony and penalty is permanent bar.Quote:
Originally Posted by MistyD31
You should not file I-130 by yourself. I am convinced that your husband did not tell you the whole story, the whole truths. Consult experienced immigration attorney.
He did not tells lies to get a visa. It was the same visa... he got his visa and I 94 went to the us stayed for 7 years went back to Mexico (not deported). Used the same valid visa in 2010... the visa was valid from 2000 until October 2010. He used that visa to cross the border.
Immigration took the visa in 2010 because they investigated and saw the overstay... he did not commit fraud or lie to get a visa. He had the same valid visa the whole time.
lawanwadee, you know how much I respect your knowledge. I think you are wasting your time here.
Unless someone can clearly explain that "permanent" for whatever reason means just that, "permanent" the thread is not going to change. Apparently I cannot.
Y'all think he crossed with a fraudulent visa which is untrue and I have spoken to 2 other immigration attorneies. Both have said he does not have a permanent bar because to acquire a permanent bar he had to of crossed illegally or attempted to cross illegally back into Mexico, which was not the case he had a valid visa.Quote:
Originally Posted by JudyKayTee
It has been my experience that not all immigration attorneies know what they are talking about. Because like I said immigration never told me he has a permanent bar just some attorney assist did.
But thank you both for your judgmental and unhelpful comments.
Misty, you haven't heard a word I've said. I never said he had an illegal visa. Maybe someone else did, but it wasn't me. If you have retained Attorneys who have given you incorrect information, report them to the Bar. If on the other hand you're going from Attorney to Attorney by telephone and giving them very general info, expect the opinions you receive.
I have said over and over - a 19 year (or permanent ban) is just that, a 10 year or permanent ban. It doesn't matter if he's banned because someone didn't like the color of his socks. He's banned.
What about the word permanent is a mystery to you?
Homeland Security bans people all the time through mistake or just plain meanness. Whatever happened he received a 10 year (or permanent) ban - that means exactly what it says, not "10 years unless we change our minds."
You were married to him and didn't realize his visa had expired? That's judgmental.
As far as unhelpful and judgmental, carry your attitude into an Immigration Hearing and see how far you get.
I don't know for sure he has a permanent ban... I have NOT been told that by immigration at all. Only a legal assistant told me that could be the case.
His visa was NOT expired when he crossed. Immigration canceled the visa because they investigated and saw the previous overstay. When we went to the immigration office at the border to ask if he was deported they said no he can apply for another visa or his papers with no problem.
No I have gone into their offices and paid money for every consultation.
And yes I know he has at least a 10year bar but I also know there are waivers we can do. I was just freaked out when the legal assistant said he has a permanent bar. My has never been deported never crossed illegally always with his valid visa and has no criminal record. The 10 year bar yes I know he has that because of the overstay. Which for that I can do a waiver.Quote:
Originally Posted by MistyD31
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