San

Hello everyone!

I am writing to seek some guidance.. My then boyfriend now husband was
banned from the US for 5 years. Since then, I have moved to Canada, we
married and we are now living happily in Canada. However, I
occasionally go back home and since his 5 year ban expires this coming
September and I was wondering what is it that we must do to approach
this now since we are now married and the 5 year ban is almost
finished.

Thanks for your assistance in advance,

San :)

Here some background on his ban:

Notice to Alien Ordered Removed/Departure Verification

He was found inadmissible to the US under provissions of section 212(a)
under provisions of section 237. In accordance with provisions of
section 212(a)(9). He is prohibited from entering, attempting to enter
or being in the US:

for a period of 5 years from the date of his departure from the US as a
consequence of him having been found inadmissible as an arriving alien
in proceedings under section 235(b)(1) or 240 of the Act.

Notice and Order of Expedited Removal - Determination of
Inadmissibility

Pursuant to section 235(b) (1) of the INS Act it has determined that
you are inadmissible to the US under (7)(A)(i)(I). You are an immigrant
not in posession of a valid unexpired immigrant visa, reentry permit,
border crossing card, or other valid entry document reuqire by the
Immigration and Nationality Act;and you were attempting to return to
your illegal residence and employment.

crg

I suggest that once the 5 years is up and he wants to visit that he go to the border and ask to speak to an immigration officer. He should have evidence that he is employed, has a home, bank account, utility bills, a good reason to visit, US address where he is visiting, contact information, and a plans to return to Canada. The US spouse should also have a ton of evidence that they are both firmly established in Canada. This information should be updated and brought each time. This should help convince them that you aren't planning to reside in the US at this time.

If you can satisfy the inspecting officer that he is a visitor, they should let him back in. He may want to request an I-94 to turn in when he leaves so he can demonstrate that he can visit, and depart following his visit.

I'm glad you typed the entire I-296. If the (7)(A)(i)(I) were (6)(C)(I) then he'd still need a waiver even after the 5 years were up.

Good luck.

Blank

Why can't she just file an I-130 for him?

"crg14624" <member20421@british_expats.com> wrote in message
news:[email protected] m...
    >> Hello everyone!
    >> I am writing to seek some guidance.. My then boyfriend now husband was
    >> banned from the US for 5 years. Since then, I have moved to Canada, we
    >> married and we are now living happily in Canada. However, I
    >> occasionally go back home and since his 5 year ban expires this coming
    >> September and I was wondering what is it that we must do to approach
    >> this now since we are now married and the 5 year ban is almost
    >> finished.
    >> Thanks for your assistance in advance,
    >> San :)
    >> Here some background on his ban:
    >> Notice to Alien Ordered Removed/Departure Verification
    >> He was found inadmissible to the US under provissions of section
    >> 212(a)
    >> under provisions of section 237. In accordance with provisions of
    >> section 212(a)(9). He is prohibited from entering, attempting to enter
    >> or being in the US:
    >> for a period of 5 years from the date of his departure from the US as
    >> a
    >> consequence of him having been found inadmissible as an arriving alien
    >> in proceedings under section 235(b)(1) or 240 of the Act.
    >> Notice and Order of Expedited Removal - Determination of
    >> Inadmissibility
    >> Pursuant to section 235(b) (1) of the INS Act it has determined that
    >> you are inadmissible to the US under (7)(A)(i)(I). You are an
    >> immigrant
    >> not in posession of a valid unexpired immigrant visa, reentry permit,
    >> border crossing card, or other valid entry document reuqire by the
    >> Immigration and Nationality Act;and you were attempting to return to
    >> your illegal residence and employment.
    > I suggest that once the 5 years is up and he wants to visit that he go
    > to the border and ask to speak to an immigration officer. He should
    > have evidence that he is employed, has a home, bank account, utility
    > bills, a good reason to visit, US address where he is visiting, contact
    > information, and a plans to return to Canada. The US spouse should
    > also have a ton of evidence that they are both firmly established in
    > Canada. This information should be updated and brought each time.
    > This should help convince them that you aren't planning to reside in
    > the US at this time.
    > If you can satisfy the inspecting officer that he is a visitor, they
    > should let him back in. He may want to request an I-94 to turn in when
    > he leaves so he can demonstrate that he can visit, and depart following
    > his visit.
    > I'm glad you typed the entire I-296. If the (7)(A)(i)(I) were (6)(C)(I)
    > then he'd still need a waiver even after the 5 years were up.
    > Good luck.
    > --
    > Posted via http://britishexpats.com

crg

Because she doesn't want to move to the US at this time. If he became an LPR then they'd have to pack up and move to the US.