Immigration Reform -Remove Permanent Bar on spouses of US Citizens for waiver i212
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There are many U.S. citizens like my self that are suffering immensely because our spouse has been deported. The 10 year permanent bar is applied to those who have been deported more than once or have more than one illegal entry. For whatever the reason these cases should not be treated with an automatic 10 year ban. Why ban someone who already has a U.S. spouse and/or children? What is the purpose? The only thing it does is separate U.S. Citizen families. They are not only punishing the person who has been deported but also their families who are U.S. citizens spouses and children. Most of the time we are forced to leave our own country (U.S.) due to the economic hardship we are left with and face dangers in the same country our spouses were fleeing. And realistically it is impossible and we have to come back and In return we have to end up applying for government assistance and the government is left replacing our spouses income.
We need to petition for an immigration reform to remove the 10 year permanent bar and allow immigrants outside of the United States who have a U.S. citizen spouse or children to apply for an i212 waiver for permission to reapply.
If the 10 year permanent bar is removed U.S. citizens will not be forced to depend on Government Assistance or be forced to move to other countries, the same countries millions are trying to flee from.
U.S. citizens should have priority when dealing with immigration issues. Hundreds of Central Americans are granted asylum at the border yet many of U.S. citizens are forced to move to those countries because their spouses don't have a way of applying to get here legally after a deportation.
I met my husband when I was 19 and he was 23. Young and naive I had no idea how much his illegal status would have a negative impact in my life. He was brought here as a child and deported for the first time at the age of 17. He grew up in a troubled home and like many teenagers he ended up hanging out with the wrong crowd and getting in trouble. A month after he was deported he was brought back by his parents illegally. He had no family in his country (Honduras) so it was the only option they thought they had. Years later he was deported again due to a traffic stop and evading arrest. Of course he was scared of getting deported again. His last deportation was in 2016. We are married and have 3 kids together. Before he was deported we seeked legal advice to try and fix his legal status but since he had been deported we were always told there was nothing we could do. Well, after his last deportation I did some research and stumbled upon the i212 waiver. I was hopeful that he could finally come back the right way. I submitted an i-130 to pettition for him and 1 1/2 years later it has finally been approved. Of course I'm struggling financially and have been doing all this on my own. And after more thorough research I found out that yes he is eligible for an i212 waiver permission to reapply but only after 10 years of his deportation! Due to the 10 year permanent bar there is nothing we can do to try and get him here legally until 2026. � Since he was last deported I have gone to Honduras twice and I completely understand why everyone is fleeing and seeking asylum. I would put my kids and myself in danger by moving over there for the next 8 1/2 years. My only option is to stay here and keep working and going to school and struggling having to ask for food stamps and daycare assistance at least until I graduate from University and I can make enough to stop relying on it.
There are many of us stuck in the same situation. If we can make ourselves heard we can make a change. If the permanent bar is removed we can open a pathway for U.S. citizens to have their families reunited. The government will also benefit because we will not have to rely on government assistance.
We are U.S. citizens requesting for our spouses to be able to reapply for the i212 waiver permission to reapply while outside of the United States. We will still have to go through the application process and prove extreme hardship. But banning our spouses for 10 years without the possibility of a waiver is cruel and extreme punishment just due to more than one deportation. Many like my husband we're brought as children and came back illegally because that is all they knew. And after learning the proper way to get here they are shut down and not given a chance to be with their families who are already U.S. citizens.
From USCIS.gov under i212 instructions:
"Returning unlawfully to the United States without inspection and admission or parole, or without obtaining consent to
reapply for admission after having been excluded, deported, or removed, OR after having accrued, in the aggregate, more
than one year of unlawful presence in the United States may make you permanently inadmissible to the United States
under INA section 212(a)(9)(C).
Additionally, returning to the United States without obtaining consent to reapply when needed or returning unlawfully
(such as returning without being inspected and admitted, or by fraud, or any other unlawful means after you have been
excluded, deported, or removed) may have significant consequences, including:
1. Reinstatement of your removal order under INA section 241(a)(5);
2. Prosecution in criminal court under INA section 276; and
3. A permanent bar from admission to the United States under INA section 212(a)(9)(C).
Returning to the United States with a visa may not protect you from these consequences if you are required to obtain
consent to reapply, but did not get that consent.
1. If you are inadmissible under INA section 212(a)(9)(C)(i), you are permanently inadmissible and will always need
to request for consent to reapply for admission BEFORE you return to the United States.
2. You cannot file an application for consent to reapply until you have left the United States and have remained outside
the country for at least 10 years since your last departure. After 10 years, you must request consent to reapply before
you seek admission to the United States."
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