Reentry after deportation

I was deported from USA a year ago for everstaying. I have 2 american children. Since then I have not been able to find a job in my country, I also been sick. There is anyway I can reentry to the US, since I paid my taxes on time, and I have a good record. I am looking to hire a lawyer for this case.

Thanks.

[Law200]

You may email the lawyers at World Law Direct at info@worldlawdirect.com and reference [ deport override ]. WLD lawyers will help outline a strategy for you to deal with this. The post you made is also on file with WLD staff.

[sharongarvey]

My husband was deported eight years ago for possession of drugs, he took voluntary departure. They told him in five years he could re apply. The lawyer was from New York and didn

[able1]

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[brat1971]

My wife had volunteer removal a year ago.I'm US citizen aplied for I-130,aplic was aproved she got date for visa interview. Do we have chances to get reentry?

There is a chance yes depending on what the facts were that caused the removal.

It is worth trying...

[brat1971]

So my wife didnt get visa on iterview because she was banded for 10 years but they said about waiwer, any body knows what kind of reasons could be weight for waiwer?

[sandra]

Originally Posted by sharongarvey My husband was deported eight years ago for possession of drugs, he took voluntary departure. They told him in five years he could re apply. The lawyer was from New York and didn

If you choose voluntary departure, that should avoid the specific waiting period before you can apply for reentry (although you may have a separate waiting period to reapply for certain visas, depending upon your status during the prior residency and the form of visa you use to apply for reentry). However, again, your felony conviction may result in the denial of your application for reentry, as may the underlying basis for the deportation proceedings.

If you successfully obtain a pardon or expungement of the conviction (or convictions) that formed the basis for the deportation or denial of entry, that alone may not be enough to regain entry. The BSCIS may require that the pardon or expungement be made on the basis of innocence, as opposed to on the basis that you have subsequently reformed your character, and if the BSCIS determines that the conviction was set aside on a basis other than innocence it is likely to continue to hold the conviction against you.

[sandra]

Originally Posted by brat1971 So my wife didnt get visa on iterview because she was banded for 10 years but they said about waiwer, any body knows what kind of reasons could be weight for waiwer?

Factors deemed relevant in determining extreme hardship to a qualifying relative (normally a spouse or parent) include, but are not limited to, the following:

(1) The presence of lawful permanent resident or U.S. Citizen family ties in the U.S.;

(2) The qualifying relative’s family ties outside the U.S.;

(3) The conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to such countries;

(4) The financial impact of departure from this country; and

(5) Significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.

[sandra]

Originally Posted by brat1971 So my wife didnt get visa on iterview because she was banded for 10 years but they said about waiwer, any body knows what kind of reasons could be weight for waiwer?

212(h) waivers


If you have criminal convictions, it is more difficult to get legal status through a family member. You may be eligible to ask for a waiver (or pardon) for your crimes. There are several types of waivers, but the most common is a 212(h) waiver.


What is a 212(h) waiver?


It is a waiver that allows you to get legal status through a family member even though you have criminal convictions. It can waive the following crimes:


* Crimes of “moral turpitude” except murder or torture

* Multiple criminal convictions

* Prostitution

* only one offense (whether you admitted to the act or were actually convicted) of simple possession of 30 grams or less of marijuana (no other drug crimes can be waived)

* diplomats who claimed “immunity” to keep from being prosecuted


What do I need to show to be granted this waiver?


1. you are the husband, wife, parent, daughter or son of a
2. U.S. citizen or lawful permanent resident who would suffer
3. “extreme hardship” if you were kept out of or forced to leave the U.S.


OR


1. it has been at least 15 years since you committed the crime;
2. allowing you into the U.S. would not harm the welfare, safety or security of the country, and
3. you have been rehabilitated (you have changed and do not now commit crimes)


How do I apply?


To apply for a 212(h) waiver, you will need to fill out form I-601 and submit supporting documentation to prove the extreme hardship


What supporting documentation should I file with the I-601 form?


You should submit as much information as possible to show that, if you are deported, your family members listed above will suffer extreme hardship. Extreme hardship is not easy to prove.


Documents that you may want to submit include:


Letters from your spouse, children parents which discuss your relationship, how long your relationship has existed, what you bring to the relationship and how that family member would suffer if you are deported. For example, your spouse could discuss how you met and how long you have been together. She could discuss what you contribute to the relationship, both financially and emotionally. How you are as a husband, father and son. If your children are old enough to write, they can also submit letters. Other family members such as parents, in-laws, siblings can also write letters to discuss the effect on the effected family members.


Letters from other family members, friends, neighbors who are able to discuss you and your family.


If discussing the effect on your children, you may be able to get letters from your children’s teachers or other who can describe the effect of your absence on them.


Proof of rehabilitation. You should submit any certificates you have received from any classes you have taken while in jail or on probation, for example AA, NA, anger management, GED. See if your probation officer would be willing to write you a letter. You can contact him or her and explain the immigration consequences you are now facing. He or she might be willing to write you a letter which at least states that you completed the terms of your probation. If you had a good record, he or she may be willing to say more.


Other factors which support a finding extreme hardship include the effect of the separation on the family both emotionally and economically, your long history in the U.S., other evidence of your good moral character.


If it is a difficult case, you may want to also get information about country conditions in your home country, for example about the current job market or education opportunities for children to show the hardship if the family had to move to your country.


NOTES:

Gmc

testimony

affidavit from petitioner and respondent

background re petition, history of marriage, children, he’s a good person, support, wife suffer, wife does not work, good father

older children over 10 can also do affidavits

parents if USC/LPR

rehab: courses, AA, probation officer (call in advance, explain being deported, how important letter is), completed all courses, classes in jail

high school diploma

letters of recommendation for respondent/family

old suspension cases:

family separation, economic, long history in US; if difficult case, submit MX country conditions, poverty, no jobs; educational differences especially if older children

easier with USCIS (INS): 2-3 affidavits, copy of records, any completed probation, classes

try to extend time in US, try to get VD b/c only file 212(h) plus same waiver for any 3/10 year bars; after D, remain outside US, file I-212 CFR 212.22 special permission to return after removal

old D and back in US: gmc, why important to be in US, need of family, services; time person in US 8 cfr 212.2