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MistyD31 · Apr 23, 2013, 10:31 AM

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?

JudyKayTee · Apr 23, 2013, 10:34 AM

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.

lawanwadee · Apr 24, 2013, 08:32 PM

He is found guilty of immigration document fraud, and barred from entering US permanently.
He is not qualified.

MistyD31 · Apr 24, 2013, 08:53 PM

Originally Posted by lawanwadee

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.

JudyKayTee · Apr 25, 2013, 06:19 AM

I'm confused - his visa exired but he kept crossing the border and that wasn't crossing illegally?

lawanwadee · Apr 25, 2013, 07:00 AM

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.

JudyKayTee · Apr 25, 2013, 07:26 AM

I agree - I think it's a question of phrasing.

MistyD31 · Apr 25, 2013, 08:47 AM

Originally Posted by JudyKayTee

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.

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.

JudyKayTee · Apr 25, 2013, 08:54 AM

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.

MistyD31 · Apr 25, 2013, 09:38 AM

Originally Posted by JudyKayTee

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.

MistyD31 · Apr 25, 2013, 09:42 AM

Originally Posted by MistyD31

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 ect. So bc 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.

Immigration never said he was barred from re entry.

JudyKayTee · Apr 25, 2013, 10:30 AM

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.

MistyD31 · Apr 25, 2013, 10:34 AM

Originally Posted by JudyKayTee

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?

JudyKayTee · Apr 25, 2013, 02:11 PM

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.

MistyD31 · Apr 25, 2013, 02:21 PM

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.

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.

JudyKayTee · Apr 25, 2013, 02:46 PM

Again, "they" said he has a permanent bar. Why do you not believe "them?"

MistyD31 · Apr 25, 2013, 02:56 PM

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.

lawanwadee · Apr 25, 2013, 08:45 PM

Originally Posted by MistyD31

I do not know for sure it's a prem bar...I don't see why it would be bc he never crossed illegally and always with a valid not expired visa.

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.

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.

MistyD31 · Apr 25, 2013, 08:49 PM

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.

MistyD31 · Apr 25, 2013, 08:51 PM

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.