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I got deported from US and i was married how can i.......

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  • I got deported from US and i was married how can i.......

    I had a deportation order because over staying in the US but i got married i didnt know about the order till they knock on my door, so i got deported and my wife is in the US, my visa got cancel for 10 year what can i do to solve this problem in the easiest way possible. Please i need help information not BS and we got marry because we love each other it wasnt because of my deportation, i got to know about the deportation when they got into my house. I had a lawyer takin care of my overtayed but he never mentioned about my deportation order.

  • #2
    I had a deportation order because over staying in the US but i got married i didnt know about the order till they knock on my door, so i got deported and my wife is in the US, my visa got cancel for 10 year what can i do to solve this problem in the easiest way possible. Please i need help information not BS and we got marry because we love each other it wasnt because of my deportation, i got to know about the deportation when they got into my house. I had a lawyer takin care of my overtayed but he never mentioned about my deportation order.

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    • #3
      You haven't provided enough detail to be able to receive any reasonable course of action.

      How did you first come to the US?
      What kind of visa?
      When did you marry?
      What is the timeline of events?
      How long had you been out of status?
      Is your wife a US citizen?
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        Did you file any AOS paperwork?

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        • #5
          I went to US in 1997 with a visitor visa and i was under age in 2001 I had i a deportation order that i found out when i got caught by the INS, i got married with my wife in september of last year and i was working on my status but i dont think was enough time for them to receive anything about me, my wife is a US citizen now my visa is cancel for 10 years. Now im here and she is there, if she comes to Brazil and we show the US embassy that we are really marry would that help anything or i can solve that myself..

          Comment


          • #6
            One problem most don't consider is that final orders of removal are entered into NCIC, they're very easy to enforce even during a routine traffic stop.
            At this point and time the OP is residing in a foreign country so AOS is no longer an option. An individual may file a motion to re-open the removal proceedings if he or she did not receive the NTA, that can be done at any time with no restriction, usually sworn statements are required for this purpose. However, the OP has left the US and now must go through consular processing. Filing the I-212 is not a bad idea at all, this is a hardship waiver but considering the situation where no serious crime exists there should be little difficulty getting the (well documented) waiver approved; it can be a lengthy process but well worth it. The I-212 will not get the person admitted for permanent residency, it only gives the alien the opportunity to apply before the 10 year period is over.
            Contact a lawyer if you have additional questions, this is NOT legal advice.

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            • #7
              And regarding the OP's NTA, the removal proceedings produce AT LEAST two letters. One is the NTA and another the judge's order of removal entered in absentia. The ONLY letter that is usually sent certified mail is the NTA, the removal order (administrative decision) is normally sent regular mail. There's usually more letters sent related to the proceedings but these two are a matter of law.
              Regarding the waiver, the process may take up to a couple years but a well prepared and documented waiver may be processed much faster.
              Again, this is not legal advice.

              Comment


              • #8
                Would it be beneficial for him to file I-130 plus I-601 or is it too late for that?

                Comment


                • #9
                  His wife needs to consult in immigration attorney expert in waivers to overcome the 10-yr bar on admissibility for the deportation. I'd suspect she'll have to file a hardship waiver, showing that his being outside the country places a social, financial, emotional and physical impact on her lifestyle that can't be resolved by joining him in his native country.
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment


                  • #10
                    The OP is inadmissible under 212(a)(9) but filing the I-212 serves as a waiver for this particular ground. Again, a well documented waiver should be approved without difficulty since there appears to be no other negative factors. This is NOT legal advice.

                    Comment


                    • #11
                      Almost forgot, it seems to be important to constantly check the status of the adjudication process. These things take quite a long time to be processed and being on top of things is the only way to make sure they don't "forget" about it. I know a case about a couple individuals who wanted to correct (I'd say clarify) their I-94s, they printed their names with some difficult handwriting and wanted to make sure it could be understood. This unnecessary action delayed their employment-based AOS process by almost a year!

                      Comment


                      • #12
                        Forget about any motions to reopen/letters. He's out of the country and that case is over. Here's how the process works - from personal experience:
                        1) If he was in the process of AOS than I-130 is already filed on his behalf. First thing to do is file form I-824 to direct I-130 to consular processing.
                        2) The I-130 will go through all the stages - from NVC - to the U.S. embassy.
                        3) All immigrant visa interviews are conducted under oath - at the time of the visa interview he will be found inadmissible for 10 years for a visa overstay and for 5 year concurrently for deportation. To over come the bans he'd file 2 waivers: I-601 for overstay and I-212 for deportation at the conclusion of the interview. The waivers will be forwarded to a nearest DHS office with the jurisdiction over his country. After waivers approval he'd have another interview for a visa.

                        To prepare an approvable waivers one must prove *extreme* hardship to his U.S. spouse in case his visa is refused. The best resource for that is www . immigrate2us . net We used that site and our waivers were approved. Time wise (for the waivers) it could take as little as 2 months and as many as ... who knows.

                        Cheers.

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                        • #13
                          last minute marriages that take place moments before deportation are as transparent as glass...the OP is just looking for a way to scam his way back into the US using some phony, drummed up stories about hardship. Kinda hard to have extreme hardship after an 8 minute marriage.......

                          Comment


                          • #14
                            I had a deportation order because over staying in the US but i got married i didnt know about the order till they knock on my door, so i got deported and my wife is in the US, my visa got cancel for 10 year what can i do to solve this problem in the easiest way possible.
                            And of course you're now surprised, b/c you never thought you'd ever get caught.

                            Had you not overstayed your visa, would you have gotten married anyway?

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