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Thread: Deported spouse. How do I bring her back?

  1. #1
    Good morning everyone. Our names are Gregory and Diane, and we need your expertise.

    My wife was a green card holder until 2003. In 1999, she plead guilty to a felony while living in the States and got a 1 year probation sentence.
    Four years after that, she was given a deportation order. But because she is Cuban she couldn't be deported, so she was released with a pending deportation order, under INS probation. Since we didn't like this situation, we self-deported ourselves (I am American), and we now live in a Latin country.

    My question is: is there any way I can get my wife's papers back? According to INS, her felony is an aggravated felony (but for them, almost everything is aggravated).

    Please help! Thank you so much!

    Gregory

  2. #2
    Good morning everyone. Our names are Gregory and Diane, and we need your expertise.

    My wife was a green card holder until 2003. In 1999, she plead guilty to a felony while living in the States and got a 1 year probation sentence.
    Four years after that, she was given a deportation order. But because she is Cuban she couldn't be deported, so she was released with a pending deportation order, under INS probation. Since we didn't like this situation, we self-deported ourselves (I am American), and we now live in a Latin country.

    My question is: is there any way I can get my wife's papers back? According to INS, her felony is an aggravated felony (but for them, almost everything is aggravated).

    Please help! Thank you so much!

    Gregory

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Diane:
    Good morning everyone. Our names are Gregory and Diane, and we need your expertise.

    My wife was a green card holder until 2003. In 1999, she plead guilty to a felony while living in the States and got a 1 year probation sentence.
    Four years after that, she was given a deportation order. But because she is Cuban she couldn't be deported, so she was released with a pending deportation order, under INS probation. Since we didn't like this situation, we self-deported ourselves (I am American), and we now live in a Latin country.

    My question is: is there any way I can get my wife's papers back? According to INS, her felony is an aggravated felony (but for them, almost everything is aggravated).

    Please help! Thank you so much!

    Gregory </div></BLOCKQUOTE>

    Consult an immigration attorney. Deportation carries a bar on admission, I believe, which would require a hardship waiver. But with you residing together overseas, I am not sure that will be so easy to get.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  4. #4
    thanks!
    I will definitely do this thru an attorney, but I'd hate to be scammed...
    What I'd like to know is if there is anything that can be done. Of course, I will hire an attorney for this, but I just don't want them to take my money and later on tell me that there is nothing they can do.

  5. #5
    you did a big mistake to deport her. Cuba is not deportable country then why you self deported? it will be very hard to bring back an alien who is A.F.
    Its a discussion, not a legal advise..

  6. #6
    You understand right,that if you are a felon as a U.S. Citizen alone,is big time trouble and you are not even allowed to vote anymore and other sorts of things,that is endless...

    No you honestly ask,for someone that is not even anymore a resident and commited a felony,to be admited back? thats a joke right?

    In most countries,if you are not a citizen,and you commit felony,you can and most of the time will be deported to the country u came from.
    Same in the USA...if you are a greencard holder,you will be 95% of time be deported of a felony charge!

  7. #7
    I'm not condoning this convicted felon in anyway but this case seems like a classic example of why every single greencard holder should apply and get citizenship as soon as they become eligible because you never know what the future holds. You may lose a lot of rights as a felon but at least they can't deport you. I would of thought that when Congress passed the 1996 immigration Act, where the number of deportable crimes was expanded that more people would have gone for citizenship

  8. #8
    It's impossible to say if it is possible without more information, but the fact that she left does not bode well. She is subject to a 20 year bar.

    There are ways around it, but you really need to have a consultation with an experienced immigration attorney. Your situation is too complex for a discussion board. Be willing to pay a consultation fee for a good immigration attorney who does a good amount of removal work, and you should be able to find out more.

  9. #9
    Usually there is no waiver for a Felon, it would need to be something really odd to succeed.

  10. #10
    Someone12
    Guest
    adios and good riddance...

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