chances on coming back after deportation?

[Daniel G 2]

Hello All

 

thank you for letting me post my question.

I'm Dan.

on  October 10th 2018 I entered the US on a B1/B2 visa.. On October 2019 I was arrested for a DUI.

I was detain in ICE facility. on late October I had Court date which lead to an immigration judge to deport me with a 10 year ban.

 

I was in a relationship with a US citizen. both of us are in our 30's and she has 2 kids from a different father. (5 and 8).

 

what do you think are my chances on getting a 601 waiver bases on marriage. we need to get marry first off course but i honestly trying to figure it out if its possible and if I have a chance here. she will not leave the county, especially with raising 2 young children.

 

how long is the process and more important is if I have a shot even.

 

thank you so much in advance.

[geowrian 22,335]

The ability to get the waiver will depend on her hardship. Marriage alone is not a basis for a hardship waiver.

Having the 2 young children would probably be the strongest argument as to why she cannot immigrate and therefore it is a hardship.

That said, this subject and the specifics of the presentation of the waiver would be something best suited for an attorney to address. Some waivers can be DIY, but I think most in this territory are something to discuss with an experienced immigration attorney that deals with hardship waivers. They should be able to guide you best on your specific circumstances.

 

The process is to 1) petition, 2) NVC, 3) Consulate + Interview.

Once determined otherwise eligible for the visa, then you will be refused the visa for being inadmissible. If a waiver is available, that is when it can be filed.

Timelines vary all the time, and everything is in a bit of  state of flux right now with the COVID-19 issues. But current timelines are close to 1 year for the waiver alone, and around a year or so for the petition -> interview on average.

 

Edit: Well, there is a step 0 as well: Marry (A K-1 is possible here, but I would really suggest a CR-1 (spousal) visa over a K-1 here).

Edited April 17, 2020 by geowrian

[NancyNguyen 1,657]

It is an expensive process so you keep that in mind too.

[Daniel G 2]

2 minutes ago, geowrian said:

The ability to get the waiver will depend on her hardship. Marriage alone is not a basis for a hardship waiver.

Having the 2 young children would probably be the strongest argument as to why she cannot immigrate and therefore it is a hardship.

That said, this subject and the specifics of the presentation of the waiver would be something best suited for an attorney to address. Some waivers can be DIY, but I think most in this territory are something to discuss with an experienced immigration attorney that deals with hardship waivers. They should be able to guide you best on your specific circumstances.

 

The process is to 1) petition, 2) NVC, 3) Consulate + Interview.

Once determined otherwise eligible for the visa, then you will be refused the visa for being inadmissible. If a waiver is available, that is when it can be filed.

Timelines vary all the time, and everything is in a bit of  state of flux right now with the COVID-19 issues. But current timelines are close to 1 year for the waiver alone, and around a year or so for the petition -> interview on average.

thank you so much for your quick answer. I will hire an immigration attorney. I just wanted to know in advance my options in general. so you will say give or take about 2 years in total if I was to file the 601 today? 

1 minute ago, NancyNguyen said:

It is an expensive process so you keep that in mind too.

how expensive? lol

[milimelo 4,194]

1 minute ago, Daniel G said:

thank you so much for your quick answer. I will hire an immigration attorney. I just wanted to know in advance my options in general. so you will say give or take about 2 years in total if I was to file the 601 today? 

how expensive? lol

No. You can’t file a waiver until you interview at the embassy, are refused and told to file a waiver. 

 

What’s your citizenship country? 

[geowrian 22,335]

4 minutes ago, Daniel G said:

thank you so much for your quick answer. I will hire an immigration attorney. I just wanted to know in advance my options in general. so you will say give or take about 2 years in total if I was to file the 601 today?

The I-601 can only be filed after otherwise being eligible for the visa (after the visa interview).

Total timeline of around 2 years on average is roughly accurate...depending on consulate and such. As noted, the timelines shift pretty quickly. It could be 1.5 years. It could be over 2.5 years or even longer.

 

Quote

how expensive? lol

$535 I-130 petition

$445 NVC fees

$? travel, document, etc. fees

$300-500 medical exam

$930 I-601 waiver

$220 Immigrant Fee (if approved)

Edited April 17, 2020 by geowrian

[NancyNguyen 1,657]

Immigration Attorney: many thousands depending on how good he/she is.

[geowrian 22,335]

Just now, NancyNguyen said:

Immigration Attorney: many thousands depending on how good he/she is.

This.

I can't say much on pricing as it will vary heavily depending on where they live, experience, etc. But anywhere from a few to several grand tends to be the norm from what I've heard.

[Daniel G 2]

7 minutes ago, milimelo said:

No. You can’t file a waiver until you interview at the embassy, are refused and told to file a waiver. 

 

What’s your citizenship country? 

so first I will have to apply for a visa which will be denied anyway? correct? and after I will get the rejection I should file for the waiver?

 

Im from Israel. is that  good or bad?

in case I live in another county for work, can I do the interview for the visa in another US embassy  not the one in Israel?

[milimelo 4,194]

4 minutes ago, Daniel G said:

so first I will have to apply for a visa which will be denied anyway? correct? and after I will get the rejection I should file for the waiver?

 

Im from Israel. is that  good or bad?

in case I live in another county for work, can I do the interview for the visa in another US embassy  not the one in Israel?

Yes, first petition (marriage first), then after your visa is refused and they tell you to do I-601 you can then do it and if approved you’ll get another interview (probably best not to do medical exam before first interview as that would be waste of $$). 

 

As long as you have legal residency in a third country you can have your interview there. 

[geowrian 22,335]

Just now, milimelo said:

(probably best not to do medical exam before first interview as that would be waste of $$)

If possible*

Some countries won't let you interview without a valid medical already (i.e. PH).

[Daniel G 2]

what you guys think of the DUI situation? is that solvable? 

[geowrian 22,335]

A DUI itself is not an inadmissibility. But the factors involved can make it one (i.e. if children are involved, if there was a valid driver's license and/or insurance + registration, if any other crimes or violations were involved, etc.).

 

Depending on the specific circumstances, it can be either or both a criminal inadmissibility (CIMT) and/or medical inadmissibility (substance abuse).

A qualified immigration attorney should be able to guide you at the likelihood of it falling under either of those given your specific circumstances.

The medical side generally will mean being referred for a psych evaluation to make a determination if there is a substance abuse issue. This is part of the medical process noted above.

 

Edit: I would just add that even if it were a CIMT, the same I-601 applies.

Medical, however, I believe is a different story.

Edited April 17, 2020 by geowrian

[Daniel G 2]

11 minutes ago, geowrian said:

A DUI itself is not an inadmissibility. But the factors involved can make it one (i.e. if children are involved, if there was a valid driver's license and/or insurance + registration, if any other crimes or violations were involved, etc.).

 

Depending on the specific circumstances, it can be either or both a criminal inadmissibility (CIMT) and/or medical inadmissibility (substance abuse).

A qualified immigration attorney should be able to guide you at the likelihood of it falling under either of those given your specific circumstances.

The medical side generally will mean being referred for a psych evaluation to make a determination if there is a substance abuse issue. This is part of the medical process noted above.

 

Edit: I would just add that even if it were a CIMT, the same I-601 applies.

Medical, however, I believe is a different story.

how medial will obtain determination if there is a substance abuse issue.? I dont do drugs.

[geowrian 22,335]

13 minutes ago, Daniel G said:

how medial will obtain determination if there is a substance abuse issue.? I dont do drugs.

Alcohol abuse is a form of substance abuse.

They will generally request a psych eval to determine if there is an ongoing substance abuse issue - namely to determine if there is a risk to yourself or others. Given how recent the DUI was, this is probably on the table.

Any steps taken to address a possible issue (rehab, AA, etc.) would likely be factors in that decision.