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#25
12-09-2017, 11:25 AM
Senior Member
From Minnesota
Joined in Nov 2009
5,814 posts
Demise
Quote:
Originally Posted by free2bme View Post
I do not know your situation but if you came in illegally and then you were deported afterward, you will not be able to adjust. The hardship waiver only covers one unlawful entry not two. I have a friend whose significant other was deported and came back. The only way he can adjust is through U-Visa.
Hardship waiver can cover an arbitrary amount of entries as long as you didn't trigger the 9C ban (permanent):

Which requires:
1a. Stay illegally in US for a total of 1 year, or be deported
2. Re-enter or try to re-enter illegally.

There are bases where people overstayed, and were admitted on old visas due to CBP error. Being admitted to US, even if you are admitted in error, or via fraud does not trigger the 9C ban.
__________________
I-360 (VAWA) filed: 08/21/2018 RFE: 02/27/2020 Due: 05/25/2020 Submitted: 05/21/2020
I-360 approved: 11/10/2020
Motion to recalendar filed: 07/29/2022 Motion to recalendar approved: 08/30/2022 Dismissed: 06/07/2023
I-485 filed: 06/17/2023 I-485 Interview: 4/29/2024 I-485 approved: TBD
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