Why can't she just file an I-130 for him?
"crg14624" wrote in message
news:34$346992$3124132$1136776310@britishexpats.com...
>
>> 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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