Need Some Help and Guidance !

[Shalia1312]

Hello All,

My gf was removed upon her arrival to the US for breaking the terms of her stay under her visit visa (She worked). She was sent back to Mexico in 2018. It will be 5 years this May. I was wondering if somebody could help guide in what the next process should be to get her back into the US. I have spoken to a couple of attorneys and getting mixed information from them. One stated I should file a I-601, another said I should file for her visit visa first and then file another form. I called the USCIS and their automated system is of no help and I cannot get hold of a live person to actually help and guide us. Then reading thru some sites I found that I would need to file an I-212 form. So my question is .....should I file this form and then file for her visa? Should I apply for a fiancée visa , get her here and then get married, should we get married there and then do all the paper work. Again we have been dealing with this for 5 years and I have been traveling back and forth. If anybody could offer any guidance or help we would greatly appreciate it.

Thank you
S

[newacct]

Is she coming to the US to visit or to immigrate? Removal upon arrival triggers a 5-year ban.

After the 5 years is over, she does not need a waiver (there is no ban to waive). If she needs to enter the US within the 5 years, she needs to either get rid of the ban with permission to reapply (I-212), or get a waiver.

If she is getting an immigrant visa or K1 visa within the 5 years, she needs I-212 for permission to reapply. (There is no immigrant waiver for this ban. I-601 is for immigrant waivers, so it is completely irrelevant.)

If she is entering as a nonimmigrant within the 5 years, she can either file I-212 for permission to reapply, or seek a nonimmigrant waiver as part of the nonimmigrant visa process, if she is not also denied for immigrant intent (immigrant intent cannot be waived).

Also, she should not enter as a visitor with the intention to file Adjustment of Status to get a green card within the US during that stay. If she wants to immigrate, then you guys should either marry first and then file an I-130 petition for her, and she would go through Consular Processing to get an immigrant visa, or you would file I-129F to petition her for K1, and she would go through Consular Processing to get a K1 visa. By the time the I-130 or I-129F is approved and it goes to the Consular Processing step, the ban will likely already be over, so there would be no need to file I-212.

Of course, there could be other bans based on things you have not mentioned. For example, fraud or misrepresentation to a US immigration officer would be a lifetime ban with a possibility of a waiver. Accruing more than 180 days of unlawful presence and then leaving the US would trigger a 3 or 10-year ban with a possibility of a waiver. If she falsely claimed US citizenship (including on I-9 when she started working), that is a lifetime ban with no waiver.

[Shalia1312]

NewAcct...thank you for the info.