Do we face an auto 10 year Bar?Ban on Voluntary Deportation

[bmore]

I am a US citizen, my wife of 2 years has been in US for 12 years, entered illegally. We have the I-130 approved next step would be I-601A (NVC has not even received our case after 6 months) however my wife due to give birth to our daughter in 2 months and we want to actually raise out daughter out of the US (Not her home country) for the first 2-4 years.

So we are thinking to go back to Immigration court to reopen her case (closed administratively to allow for filing of I-601A) then ask to self deport. The problem is our understanding is she faces a 10 year bar even with self-deport.

Our goal would be to Self Deport and as soon as possible apply for the I-601 waiver, but looking for advice on how long of a bar she would be imposed. Is it an auto 10 years since she has been here longer then 1 year? Or does the judge impose a specific bar/ban on each case?

We are fine with self-deport if within 3-4 years she can re-enter the US.

[iuy87]

I am a US citizen, my wife of 2 years has been in US for 12 years, entered illegally. We have the I-130 approved next step would be I-601A (NVC has not even received our case after 6 months) however my wife due to give birth to our daughter in 2 months and we want to actually raise out daughter out of the US (Not her home country) for the first 2-4 years.

So we are thinking to go back to Immigration court to reopen her case (closed administratively to allow for filing of I-601A) then ask to self deport. The problem is our understanding is she faces a 10 year bar even with self-deport.

Our goal would be to Self Deport and as soon as possible apply for the I-601 waiver, but looking for advice on how long of a bar she would be imposed. Is it an auto 10 years since she has been here longer then 1 year? Or does the judge impose a specific bar/ban on each case?

We are fine with self-deport if within 3-4 years she can re-enter the US.

u should consult different immigration lawyers to see what ur best options are

[VNK]

I am a US citizen, my wife of 2 years has been in US for 12 years, entered illegally. We have the I-130 approved next step would be I-601A (NVC has not even received our case after 6 months) however my wife due to give birth to our daughter in 2 months and we want to actually raise out daughter out of the US (Not her home country) for the first 2-4 years.

So we are thinking to go back to Immigration court to reopen her case (closed administratively to allow for filing of I-601A) then ask to self deport. The problem is our understanding is she faces a 10 year bar even with self-deport.

Our goal would be to Self Deport and as soon as possible apply for the I-601 waiver, but looking for advice on how long of a bar she would be imposed. Is it an auto 10 years since she has been here longer then 1 year? Or does the judge impose a specific bar/ban on each case?

We are fine with self-deport if within 3-4 years she can re-enter the US.

Your wife would be subject to an automatic 10 year ban if she leaves without a green card or AP since she has been here illegally for 12 years. There is no way around this.

You will have to make the choice between raising your child abroad or making taking care of your wife's immigration problems. You can't do both.

[iuy87]

I am a US citizen, my wife of 2 years has been in US for 12 years, entered illegally. We have the I-130 approved next step would be I-601A (NVC has not even received our case after 6 months) however my wife due to give birth to our daughter in 2 months and we want to actually raise out daughter out of the US (Not her home country) for the first 2-4 years.

So we are thinking to go back to Immigration court to reopen her case (closed administratively to allow for filing of I-601A) then ask to self deport. The problem is our understanding is she faces a 10 year bar even with self-deport.

Our goal would be to Self Deport and as soon as possible apply for the I-601 waiver, but looking for advice on how long of a bar she would be imposed. Is it an auto 10 years since she has been here longer then 1 year? Or does the judge impose a specific bar/ban on each case?

We are fine with self-deport if within 3-4 years she can re-enter the US.

she entered illegally then that can be a major problem, therefore the judge will be strict with her. if she came here legally and overstayed her welcome then she will have more options. if i was ur wife i would just leave usa, because she cant work or have any legal standing because she came here without being inspected.