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Regular Member
Posted
Ok, i lived for several years in Panama City, Panama. And meet my future wife there, have known her and dated her for several years. Now I am coming back to the USA and want to bring her.

The problem is this, she was at one time (over 10 years ago) arrested and deported from the United States. She was with someone that was arrested for Drugs and she spent almost a year in Jail here in USA before she was deported.

How do I go about getting her back into the USA?
 
Posts: 29 | Registered: 09-18-2009Reply With QuoteReport This Post
Power Member
Picture of Hudson
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quote:
Originally posted by David Jordan:
Ok, i lived for several years in Panama City, Panama. And meet my future wife there, have known her and dated her for several years. Now I am coming back to the USA and want to bring her.

The problem is this, she was at one time (over 10 years ago) arrested and deported from the United States. She was with someone that was arrested for Drugs and she spent almost a year in Jail here in USA before she was deported.

How do I go about getting her back into the USA?

Not sure from the post if you are married or not. If not married, you will need to start the paperwork for the K-1 visa. If married, you will need to start the paperwork for the K-3 visa.

you may also need to file a waiver to explain the circumstances. My recommendation is to hire a good lawyer.


"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
 
Posts: 4069 | Registered: 12-21-2005Reply With QuoteReport This Post
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no we are not married, however i have no problem with getting married. whichever way will get her here the quickest..
 
Posts: 29 | Registered: 09-18-2009Reply With QuoteReport This Post
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Picture of federale86
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Quickest way is an immigrant visa petition for a spouse of an American citizen married less than two years, CR-1 Immigrant Visa. However your chances of getting a waiver for a woman deported for drug smuggling is very low.
 
Posts: 2408 | Registered: 08-19-2008Reply With QuoteReport This Post
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Picture of ProudUSC
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He didn't say she was arrested for smuggling drugs and it's been 10 years since this happened. I think he at least has a shot at filing a successful petition for her. People do have the ability to reform, Fede.


Do not go where the path may lead, go instead where there is no path and leave a trail.
(Ralph Waldo Emerson)
 
Posts: 9358 | Registered: 02-07-2007Reply With QuoteReport This Post
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well, i am not sure what exactly she was charged with, she said she was charged with drug however, i did a internet background check and nothing came back,and I also called the last place that detained her and they said she was not detained for drug charges, that she over stayed her visa.

She said, when they deported her that they told her she can come back after 10 years. It has been 12.

Finding out why, and getting a copy of the deportation order has been a real hassle. Plus just getting her immigration file will take a year.
 
Posts: 29 | Registered: 09-18-2009Reply With QuoteReport This Post
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Picture of Kollerkrot
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quote:
Originally posted by David Jordan:
well, i am not sure what exactly she was charged with, she said she was charged with drug however, i did a internet background check and nothing came back,and I also called the last place that detained her and they said she was not detained for drug charges, that she over stayed her visa.

She said, when they deported her that they told her she can come back after 10 years. It has been 12.

Finding out why, and getting a copy of the deportation order has been a real hassle. Plus just getting her immigration file will take a year.


You can hand in for FOIA (Freedom of Information Act) to get all the papers. This way you'll know exactly what USCIS has on her.


“...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire
 
Posts: 2140 | Registered: 04-08-2006Reply With QuoteReport This Post
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yes, my attorney has those documents form G-639. However, when i spoke to the department of homeland security they said they are behind on processing these requests, they said it takes 12-18 months to get those files.

WITH THE US UNEMPLOYMENT RATE BEING 10% HOW THE HELL CAN THEY BE SHORT HANDED AND NOT ABLE TO PROCESS THESE FASTER. unbelievable.
 
Posts: 29 | Registered: 09-18-2009Reply With QuoteReport This Post
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quote:
Originally posted by David Jordan:
yes, my attorney has those documents form G-639. However, when i spoke to the department of homeland security they said they are behind on processing these requests, they said it takes 12-18 months to get those files.

WITH THE US UNEMPLOYMENT RATE BEING 10% HOW THE HELL CAN THEY BE SHORT HANDED AND NOT ABLE TO PROCESS THESE FASTER. unbelievable.

You could request expided processing. If approved, it would shorten the wait time considerable. To qualify, you must show:

(1) circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;
or

(2) an urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information.

In addition, a request for expedited processing must include a statement, certified true and correct, explaining the basis for requesting expedited treatment. If a requester asks for expedited processing and fails to meet the above criteria, USCIS will process the request in the appropriate track using the first in/first out system. We will make a decision to grant or deny an expedited processing request

USCIS FOIA Guide

Technically, FOIA requests should have a response within 20 working days, excluding holidays or weekends. It can take an additional ten working days if USCIS needs additional time.

Also, I agree with Koller. However, you need to mail the request to a specific address, which is in the guide. I would recommend certified with return receipt. Once the signature is seen, that is the time when USCIS receives the request. IF you go to a USCIS info pass appointment, internal mail has no control whatsoever.


"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
 
Posts: 4069 | Registered: 12-21-2005Reply With QuoteReport This Post
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Picture of Hudson
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quote:
Originally posted by David Jordan:
no we are not married, however i have no problem with getting married. whichever way will get her here the quickest..

Thanks for the info David. Since I did not know, I was only giving general info from either situation.


"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
 
Posts: 4069 | Registered: 12-21-2005Reply With QuoteReport This Post
Regular Member
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Hudson, Thank you for your reply's What do you agree with Koller about?

My situation is, in March I had a heart attack and had surgery when in Panama. Now, It looks like I am going to have to have by-pass surgery. I also, have bladder cancer and would like for her to be here in the States with me for all my treatment.

Thoughts?
 
Posts: 29 | Registered: 09-18-2009Reply With QuoteReport This Post
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Picture of Hudson
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quote:
Originally posted by David Jordan:
Hudson, Thank you for your reply's What do you agree with Koller about?

My situation is, in March I had a heart attack and had surgery when in Panama. Now, It looks like I am going to have to have by-pass surgery. I also, have bladder cancer and would like for her to be here in the States with me for all my treatment.

Thoughts?

I agree with Koller that a FOIA should be done, just did not agree with hending it in personally. Sorry ofr the confusion.

And your situation is something that could qualify for expedited processing. My family will keep you and your fiance in our prayers for the medical treatment.


"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
 
Posts: 4069 | Registered: 12-21-2005Reply With QuoteReport This Post
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Thank You Hudson, do you work in this profession (immigration)? how long will the expedited filing take to get the FOIA files back?
 
Posts: 29 | Registered: 09-18-2009Reply With QuoteReport This Post
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You can certainly apply, but the application can and probably will be denied. People previously removed are not usually given visas by the DOS. They are easy denials for a Consular Officer.
 
Posts: 2408 | Registered: 08-19-2008Reply With QuoteReport This Post
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federal, please give specifics to why you think the application will be denied, because she was deported?

will hiring an attorney increase my chances?
 
Posts: 29 | Registered: 09-18-2009Reply With QuoteReport This Post
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Picture of Kollerkrot
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quote:
Originally posted by David Jordan:
federal, please give specifics to why you think the application will be denied, because she was deported?

will hiring an attorney increase my chances?


I am gonna be in trouble for that one. Federale and Someone12 gonna call me Kraut and all kinds of stuff for that. But, I have an idea! Since Federale mentioned that she can be easily denied by a consular officer, that rang a big bell with me. Do not let her come EWI!! USCIS has more leverage as long as she is outside the country - you would be better off to marry her here and file for her here. Talk to a lawyer first, because it is somewhat difficult to do that, but at least you will have the option to be seen by a judge when they deny the application. And, they will deny the application I am pretty sure of that.

As long as she is outside the country, there will be no court, and lawyers can not argue with the state abroad.

This is not legal advise!

This message has been edited. Last edited by: Kollerkrot,


“...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire
 
Posts: 2140 | Registered: 04-08-2006Reply With QuoteReport This Post
Power Member
Picture of SonofMichael
Posted Hide Post
quote:
Originally posted by David Jordan:
Ok, i lived for several years in Panama City, Panama. And meet my future wife there, have known her and dated her for several years. Now I am coming back to the USA and want to bring her.

The problem is this, she was at one time (over 10 years ago) arrested and deported from the United States. She was with someone that was arrested for Drugs and she spent almost a year in Jail here in USA before she was deported.

How do I go about getting her back into the USA?


Thats just what we need; more fraudsters and criminals in this country; GET OUT !!!
 
Posts: 4562 | Registered: 05-30-2006Reply With QuoteReport This Post
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Picture of SonofMichael
Posted Hide Post
quote:
Originally posted by David Jordan:
Hudson, Thank you for your reply's What do you agree with Koller about?

My situation is, in March I had a heart attack and had surgery when in Panama. Now, It looks like I am going to have to have by-pass surgery. I also, have bladder cancer and would like for her to be here in the States with me for all my treatment.

Thoughts?


I am thinking that I hope you have another heart attack and die before you can help that criminal get into my country.
 
Posts: 4562 | Registered: 05-30-2006Reply With QuoteReport This Post
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Michael, were you always an idiot or really how long did you practice to become one?

some people are just so stupid......
 
Posts: 29 | Registered: 09-18-2009Reply With QuoteReport This Post
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Picture of Kollerkrot
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quote:
Originally posted by David Jordan:
Michael, were you always an idiot or really how long did you practice to become one?

some people are just so stupid......


Stupid is way to lenient a word to even try to describe SOM. I don't think the English language holds a word profound enough to describe the galactically moronic ways SOM is displaying.


“...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire
 
Posts: 2140 | Registered: 04-08-2006Reply With QuoteReport This Post
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