Thanks for your patience.
QUESTION: Would husband be looking at a permanent bar because of being caught twice while trying to illegally enter the county or would he qualify for the I-245i amnesty since the Petition through his brother was filed before the end of April 2001?
ANSWER: Unfortunately, he is not eligible for relief under 254i. He had to be physically in the US from December 21, 2000 until the present, in order to qualify. He entered in January 2001, and therefore is not eligible for the relief.
Moreover, he is subject to the permanent bar because of his entry and attempted reentry to the US. There is a waiver of the permanency of the bar, but the waiver is available only after 10 years have passed since the date of the alien's last departure from the United States. The waiver is requested by filing form I-212, Permission to Reapply for Admission. Again, he has to wait at least 10 years after he last leaves the US before he is eligible for the waiver.
QUESTION: Could I submit for Husband and Wife a Joint Petition?
ANSWER: Each case is a different case and a different alien subject. They require separate petitions and visa application, and therefore separate I-601s.
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