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  • Deportation

    If one person committed a felony but his wife filed an application,I-130 & I-485. but before the completion of his process that person was deported because of his felony and he received 10 years bar. This person is now in his home country. My question is: there is any kind of pardon or waiver he can file in order to be granted with immigration benefits again since his wife's application is still pending? Thanks for your help.

  • #2
    If one person committed a felony but his wife filed an application,I-130 & I-485. but before the completion of his process that person was deported because of his felony and he received 10 years bar. This person is now in his home country. My question is: there is any kind of pardon or waiver he can file in order to be granted with immigration benefits again since his wife's application is still pending? Thanks for your help.

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    • #3
      you will need 2 waivers actually, 1-601 and i-212 , one for hardship for your wife and one for the deportation part, they will usually approve the i-130 and all that, but once u go to your interview at the embassy your visa will be denied and you will submit your waivers at your interview

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      • #4
        chancess are very slim to get the i-212 approved, u will need a very very good attorney to help u on this

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        • #5
          how did you entered the u.s at the first place anyway?

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          • #6
            How can one say the chances on the 212 are slim when we do not know what the felony conviction was for? What level felony it was, and if it was the only felony conviction or run in with the law?

            Was alien here on valid visa previously? and at what point in the removal proceedings did the paperwork come forth for the marriage?

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            • #7
              i mean without an attorney's help 4now, and specially the felony's part, bcoz this wont be a straight forward i-130 case

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              • #8
                Thanks Mike for clarifying that the slim is for not having an attorney to handle the case.

                yes the poster should seek help of attorney to file necessary paperwork.

                The case will largely depend on what the nature of the offense was for, and the level of the felony, .

                For example, suppose alien was previous EWI and was deported before, and rentered.. I believe the 2nd entry is considered a felony.

                or

                suppose the alien was convicted of selling drugs. This type of felony is almost impossible to overcome with a waiver.

                We have no details at this point and anything surmised can only be speculation.

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                • #9
                  yes you'r right and i apologize javi and 4now, but this is what i meant, without an attorney's help

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                  • #10
                    bcoz the worst thing ever is o deal with waivers and all that on your own bcoz the system is againts u at that point and u dont wanna deal with them without a professional help

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                    • #11
                      guys, I guess the poster is not too interested in the answer....
                      Ability may get you to the top, but it takes character to keep you there.

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                      • #12
                        i dont think he's online jeanine , i like your avatar by the way

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                        • #13
                          Hey Mike,

                          Well, yeah..probably...thank you about my avatar. I think it's cute, although as 4now said, I would be better with a "brighter" avatar... So, I might going to change it when I find a better one...I like yours too, by the way!
                          Ability may get you to the top, but it takes character to keep you there.

                          Comment


                          • #14
                            lol thnx, yea this is how i looked like when we had the earthquake lool you see bart, that was my face lol

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                            • #15
                              Mike: awe.... But I hope you recovered by now though!!! Chill out, just the earth is "dancing" sometimes too...
                              J.
                              Ability may get you to the top, but it takes character to keep you there.

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