Deportation

[dime 2]

Can anyone help me please on this tissue. My husband got deported for overstayed his visas 4 years now can I petition for him too come back? And how long it will take if yes could I start soon?

[SalishSea 16,978]

12 minutes ago, dime said:

Can anyone help me please on this tissue. My husband got deported for overstayed his visas 4 years now can I petition for him too come back? And how long it will take if yes could I start soon?

How long did he overstay?

[SteveInBostonI130 3,329]

It depends on the bar.  Either a 3 year, 10 year or lifetime.  Obviously you cannot petition if it's the latter 2 (well, there are waivers, but highly unlikely to succeed).

 

Are you a US Citizen?  If so, you can petition for a CR1/IR1 spouse visa.  If you are a US permanent resident, you will petition for a F2A spouse visa.  Either category starts with you filling out and submitting form I-130.

 

If your husband just received a 3 year bar, and you petition for him now, it will take about 12-18 months.

 

EDIT:  I would recommend you consult an immigration lawyer.  Visa/immigration violations are not something you should DIY unless you are or become highly knowledgeable with the immigration process.

Edited November 10, 2020 by SteveInBostonI130
Added information

[dime 2]

He overstayed 6 years I am green card holder but we jus got married one year now. But I confused don’t know what to do

[HRQX 4,145]

5 minutes ago, SteveInBostonI130 said:

It depends on the bar.  Either a 3 year, 10 year or lifetime.  Obviously you cannot petition if it's the latter 2 (well, there are waivers, but highly unlikely to succeed).

Deportation has different set of bars per INA 212.

Five-Year Ban: If you were summarily removed or deported upon arrival at a U.S. port of entry because you were found inadmissible, or if you came to the U.S. but were immediately put into removal proceedings and then removed or deported, you may be ineligible to return to the U.S. for five years. The five-year ban also applies if you failed to show up for your removal hearing in the United States.

Ten-Year Ban: If an IJ issued a removal order at the conclusion of your removal hearing in Immigration Court, you may not be able to return for ten years after your removal or departure.

Twenty-Year Ban: If you were convicted of an aggravated felony or have received more than one order of removal, you are barred from returning to the U.S. for 20 years. And if you were entered without permission after having been removed, or illegally reentered the U.S. after having previously been in the U.S. unlawfully for more than one year, you may be be barred from entering the United States for 20 years or permanently (in that you'll need special consent to return).

[SteveInBostonI130 3,329]

@HRQX,

 

Thanks for the correction!

[dime 2]

Is ten years bar he have so if he do waiver could he get accept before the 10 years? 

[Boiler 43,851]

Seems you went through the waiver process for yourself a couple of years ago?

 

Does he have any other issues beyond the overstay?

[dime 2]

Yes I did and got through only difference at time I volunteer departure and my mom petition for me and got through easily with a 1601 waiver I never used no lawyer did everything myself. Yes only overstayed  alone he have

[Boiler 43,851]

I would certainly get things going,  with the recent change things are in a bit of a flux and I have no idea how things will pan out and what you might need. But the first step is filing a petition whatever happens.

[dime 2]

I overstayed 1 year &. 6 months everyone was telling me that I am not getting through and when I go  For my interview they consular officer said I have a 3- 10 bar in order to over come that I need a waiver that  waiver letter was jus a simple forgiveness letter I wrote . But what is bothering me is that they removed him so I am wondering if he have to do two waiver one for deportation or jus I601

[dime 2]

Ok thanks I wil

[Loren Y 2,748]

Best thing to do as others have said is to file and see where it goes. That is really the only way to find out for sure. Once he gets to the interview the IO will let him know what waivers if any he can file to try and get the visa approved, but in order to find out for sure you have to get all the way to the interview to find out if there is a waiver available ( Kinda of bummer I know). But at least by that point ( Figure 18 months from now) you will have most of the waiting completed, and it would just be the matter of submitting the waiver for consideration, and if approved, visa issued, you don't have to start all over again, or the waiver fails, but you will know for sure when you could apply again for sure and be successful after the ban is completed if there is no waiver available.

[Boiler 43,851]

Waivers will be available assuming we are dealing with an overstay and a deportation, just not sure if by the time this is processed they will be needed.

[Verrou 1,906]

11 hours ago, dime said:

Can anyone help me please on this tissue. My husband got deported for overstayed his visas 4 years now can I petition for him too come back? And how long it will take if yes could I start soon?

dont give up !

hire immigration lawyer !

a friend of mine was overstayed for over 10 years, got married with USC, before filing AOS he got picked up and deported. was in his home country for almost 2 years ( all his friends and family think he cant go back to USA for a long time) and finally can go back to USA. though i forgot what immigration route that the wife and the lawyer chose to bring him back here

Edited November 10, 2020 by Misscloud