5 replies to this topic

[Sunshine_0000]

Hi,

I am a US Citizen my husband was deported in 2001 and re-entered illegaly in 2002. He now has a 10 year bar and is unable to apply for a waiver unless he leaves the country and waits for the 10 years. With the recentley approved law that will take effect on 03/04/2013 can we apply for the I-601 waiver of inadmissability even if he is inadmissable due to reentry.

Thank You

[FindLaw_AHK]

Why was your husband deported in 2001?

[Sunshine_0000]

He was at work and there was an immigration raid.

[FindLaw_AHK]

If an applicant is inadmissible because they have been unlawfully present in the United States for more than 180 days (3-year bar) or one year (10-year bar), they may apply for a Waiver of Ground of Inadmissibility on Form I-601. You may want to read: INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY section 212 (a) (9) B. I would also highly suggest you consult with a local Immigration Lawyer to advise you further in detail about your husband's specific immigration status.

[Sunshine_0000]

Thank you for your response and the link. I was told by our last attrouney that he was not allowed to apply for a waiver because he reentered. He need to wait 10 years outside of the united states
and then apply. I am hoping this new change would apply to us too. It's been a difficult journey for us, but we will not give up!

[SinCityMozart]

Sunshine: he shouldn't have re-entered. He has to wait his time and then hope he will be able to come in legally. Depending on the country of origin, he may have a very difficult time convincing a consular officer that his illegal re-entry had sufficient reasons for it. Simply because he wanted to be with his family is not a sufficient reason.

You may want to consult with a different attorney and find out if the changes would apply to your circumstances. Generally speaking, a further illegal re-entry after a deportation is difficult to overcome.