Ask an Immigration Lawyer. Get an Answer ASAP.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Was her passport annotated with anything that begins with "212"??? Or was she given a paper with the violation on it being 212 (6)(c)???
I am trying see if she got hit with fraud in addition to administrative removal.
From the documentation dated May 16, 2013 given to her at the Philadelphia Airport, "You are being refused entry to the US under the expedited removal provisions of the Immigration and Nationality Act 235(b)(1). You have been found inadmissible to the US under section 212(a)(7)(B)(i)(I) of the INA, Nonimmigrant without documents. Because you worked as a waitress for six months on your previous tripto the US and obtained money at $8 dollars per hour." She worked two days a week for two months in an unskilled seasonal position in a Deli.
The good news is she was not accused of attempting to enter the US for a fraudulent reason.
That would carry a permanent bar to coming back.
Her expedited removal carries a 5 year bar.
If you petition her for a fiancé or spouse visa she can file a hardship waiver. You have to show the hardship you would suffer if she is not able to return to the US or if you had to go to Bulgaria to live with her.
Hardship waivers are difficult to get approved, but not impossible. It is recommended to retain a lawyer who specializes in hardships because there are tricks to the trade, such as using forensic psychologists and economists who know how to write waiver reports on your behalf.
There is a waiver (forgiveness) but that is seldom granted and isa very complicated process. The US citizen or permanent resident relative hasto show unusual and extreme hardship, more than economic or psychological.
Read ore about the waivers at these helpful links:http://www.ilw.com/articles/2007,0717-scott.shtm ***** A MUSTREAD!*****
http://discuss.ilw.com/showthread.php?27181-APPROVED-sample-letters-illustrating-extreme-hardship-under-I-601/page3 sample letter
What is the appropriate procedure of filing the necessary forms in our particular situation?
First you have to file the petition for either the fiancé or spouse visa After it is approved and the visa refused then the Waiver and the Request for Permission to re-enter after removal are filed.
If you read the "MUST READ" link it tells you about what you need to accompany the I-601 and I-212.
You will file form I-130 with the USCIS here in the USat the lockbox (PO Box) as per the instructions.You must include with the form a G-325A for you and she along with 2 passportstyle photos of each of you.You can find those forms and instructions at this linkhttp://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRDOnce your petition is approved (it will take 3-5 months) you will be notifiedand the petition will be sent to the National Visa Center. Inapproximately 2-3 weeks they will send you a bill for the immigrant visa fee$230 and your Affidavit of Support (I-864) $88. Additional $165 beginning2/1/2013.Once you pay these you will receive instruction on submittin the I-864 and shewill get her instructions on begining the immigrant visa process by submittingthe DS-230 Immigrant Visa Application.After that is received the USCIS will request her background/security check bedone by the FBI. When the clearance on her is received her file is forwarded to the US consulateor Embassy closest to her. She will then receive her instructions for her medical and visa appointment. She will be told what documentation to bring.After the visa is refused then she files for the waiver and permission to re-enter.
The I-129F will cost$340 plus a $350 fee for the visa processing fee. After she enters the U.S.,then you have to marry and then you have to pay $1070 for the I-485
Unfortunately, you will have to bepatient because it will take a total of 6-10 months for you and she to gothrough the arduous process of her immigrating.You will file form I-129F with the USCIS here in the US at the lockbox (PO Box)as per the instructions.You must include with the form a G-325A for you and she along with 2 passportstyle photos of each of you.You can find those forms and instructions at this linkhttp://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRDOnce your petition is approved (it will take 3-5 months) you will be notifiedand the petition will be sent to the National Visa Center. In approximately 2-3weeks they will send you a notice and instructions for her to begin the visaprocess by submitting the DS-156 & 156K Visa Application.After that is received the USCIS will request her background/security check bedone by the FBI she will then receive her instructions for her medical and visaappointment. She will be told what documentation to bring.She should document your relationship with pictures, cards, emails, printoutsof your skype conversations, etc.You also need to discuss your personal life details in detail such as where youwork, physical address, your position, job duties, details about your familyand details about them, such as where your children go to school, work or otherinformation about them if you had a family previously. After her interview she will be told to leave her decision will be mailed to her. That will be the refusal and then she will file the waivers.
Here is a great link to aflowchart with timelines
Thank you so much for the information. I have one last question. Regarding the form I-130, what should the affidavits to show bona fides of the marital relationship state? Can I write the statements and have friends and family sign them? Can I use the same statements for each friend and family or should they be different for each person?
Each affidavit has to be an individual and different statement. If you use carbon copies they will not be counted at all.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).