Amberjmedina30

Hey guys my husband volunteered departure from the U.S about 4mths ago. We did hire a lawyer to do our paperwork. But she hasnt been straight with me when it comes to the bar he may or may not have. My question is does he a bar? How do i find out? He was here illegally for 10yrs so is that an automatic 3,5 or 10yr bar against him?

ian-mstm

Based on what you've written, there's no way to know - since you did not provide any information about the circumstances surrounding his removal. How did he try to enter the US? How did he support himself? Was anything written in his passport? If so, exactly what was written?

Ian

Amberjmedina30

He came here 10yrs ago and worked under false documents. We were pulled over becasue i had a brake light out and they asked to see his id and thats when he found out. He went through immgrations courts and they did grant him volunteer departure. We are waiting to here back for the I-130 that i filed. I am just curious when will i find out about the bar? He hasnt been in trouble with the law here; except 6yrs ago he had a D.U.I.
I would really like to know just a rough estimate at the time frame we are looking at. I am thinking about moving to be with him.

Rete

Had you filed for his Adjustment of Status? How did he enter the US? Was his AOS rejected? Why was he given the choice by ICE to leave voluntarily or did this just occur to him on his own?

ian-mstm

How did he enter the US? Did he jump across the border? Was he a student? Was he on the Visa Waiver Program? Did he have a visa? How?

I'm not avoiding the question of whether there's a bar, but we must be absolutely clear on the circumstances.

Ian

Amberjmedina30

No we did not file anything because he came here illegally, our lawyer told him to volunteer departure. We filed the I-130 5mths ago i am waiting to here back from that. Then i was told if it was approved they would set up an interview with him i would then send in my hardship waiver and apply for a visa. i understand that the Visa take awhile.

ian-mstm

How did he get to the US illegally? Did he walk across the border? Was he smuggled into the US? Again... HOW?

Ian

Amberjmedina30

Well he came into the U.S. with falsified documents. As you said jumped across.

ian-mstm

I understand that you're upset, but you must be specific. What sort of "falsified documents"? Did he have a fake green card? Did he have a fake passport?

Ian

Amberjmedina30

he had a fake i.d. & fake social security number. Whatever he had he was able to be employed he worked with the same company fro 8 1/2yrs. But everything was fake. He had no passport no visa

ian-mstm

What sort of fake ID? Please... you must be specific - it's important.


This is a completely separate issue from how he got into the US.

Ian

Amberjmedina30

I dont know? Some sort of ID that showed him from being from Mexcio but allowed him to be here? Maybe it was some sort of visa?

Rete

Amber

What Ian is trying to determine is whether or not at the time of your husband's inspection at the POE coming into the US did he verbally signify or did his identification signify that he was a US citizen?

This is why he is asking.

Amberjmedina30

No, it did not state he was a US citizen. I just want to know if yes indeed he does have a bar. So i know can plan accordingly.

Noorah101

Why do you think your attorney is not being straight with you? What did she say? Did she say he does or does not have a bar?

I would go on the assumption that he DOES have a bar, since he was here illegally for 10 years, plus his DUI conviction might come into the works, you never know. Just assume there is a bar and that you'll need a waiver, and go from there.

And yes, it's a good idea to consider moving to be with him instead, just in case.

Rene