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    ATz84's Avatar
    ATz84 Posts: 2, Reputation: 1
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    #1

    Mar 7, 2011, 11:40 PM
    Multiple Entries= 10 year bar?
    My husband has multiple entries one in 1993 and the last in September of 97. I am a US citizen... in 97 once he crossed the border he was detained by police and taken back to Mexico. Will he be barred for 10 years?
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #2

    Mar 8, 2011, 05:01 AM

    Why was he detained and returned to Mexico in 1997?
    ATz84's Avatar
    ATz84 Posts: 2, Reputation: 1
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    #3

    Mar 8, 2011, 01:16 PM
    Comment on NYcityboy's post
    He was detained because he failed to provide legal status verification (he was walking down a street when he was caught). He was arrested again that same day by immigration and returned to Mexico but can't remember if he provided finger prints or if he was photographed. He made it back into the US on his third try that day or the following and he has been here ever since. He has no criminal record. We've been married for 7 years and have a young child.
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #4

    Mar 8, 2011, 03:36 PM

    You need to find out what his status was at that time. File a FOIA to get a copy of his immigration file from USCIS and CBP.

    Since he is here now unlawfully, probably EWI and unlawfully, you are at least looking at a 5-year bar, possibly more. To see if he can file here in the US, he would need to be eligible for 245(I), so you need to find out if he was deported and if he ever had a preference petition or labor certification filed prior to April 30, 2001.

    If not, then he will need to return to MX to file for the immigrant visa. He will be advised he is ineligible for the visa due to his immigration violations and will need to file for the waiver. This will depend on the extreme and unusual hardship to you and you USC child. You should present an assessment from a psychologist or psychiatrist attesting to the severe hardship if you were separated from your husband.

    Consult with an experienced immigration attorney for details. Good luck.
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