> 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.
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