Spouse Deported 2 yr. ago for late DWI Ticket

[renee04 0]

I am COMPLETELY new to all of this. The only thing I have been told for certain is that my husband had to wait at least a couple of years before he could come back. It has now been about 2.5 yr. since he was deported for a 1 to 2-yr old DWI that was not completely paid off on time. He had been going to AA & a church couples class several months prior to when he was deported & continues visiting an AA group where he was deported (Mexico).

Anyway, I would like to know where to start. I have little disposable income to spend on an attorney, & I am also afraid that I will get ripped off. I have absolutely no idea where to start.

Basically, I'd like to have an outline of what to expect, what I'll need, forms, documents, etc. during the process and what to expect from an attorney.

Thank you for any detailed advice you can give. I really appreciated it.

[Darnell 8,478]

can you tell us exactly why he was deported ?

usually, a DWI is not directly a 'deportable offence' but it can be an indirect consequence if he had 'entered USA WITHOUT INSPECTION'.

Normally, people will file an I-130 petition to the lockbox in Chicago, which will culminate in a CR-1 visa stamp in passport, stamped at US Embassy in Mexico, after a successful interview.

'Being Deported' will also require a waiver to be filed, as well. Once deported, a ban will be in effect, cannot enter the USA for a period of years - this period does vary, depending on what was said at the deportation hearing, and HOW he was deported (forceable deportation vs voluntary deportation).

Welcome to VJ !! This is a 'DIY' Immigration Portal, with some emphasis on 'D' and 'Y' - and in that 'scope' - you'll find an excellent guide book, at http://www.visajourney.com/content/i130guide1

*** I'm moving this to the Waivers Section, as I think she'll get some pointed replies there ***

Good Luck !

Edited July 19, 2010 by Darnell

[renee04 0]

He was never legal in any sense of the word if that helps. He came to the US when he was 16, and this was his first time to be deported - at age 26. He had other issues with his drinking in the past, and has told me there are other instances where it's gotten him in trouble with the police. I didn't handle any of that for him. It was solely his responsibility. But at this point, he's in a situatation/area of Mexico, where it would be next to impossible for him to find trustworthy resources.

=) Thanks for your help. I'll check out that link.

[Deputy Purple 1,294]

Go to www.immigrate2us.net they handle this type of case everyday.

[Darnell 8,478]

OK - so he was EWI. I understand 'why' he was deported, now.

Most of the process we cover here at VJ does not have EWI issues, at all.

Suggest you review http://immigrate2us.net/forum/content.php and also look up 'Laurel Scott' at http://www.scottimmigration.net/ - she has a free chat every wednesday, IIRC. Whilst she specialises in this type of casefile, her articles can be useful to you (reading is free, ya? ) and do take advantage of her 'Free Wednesday Chat' as well.

Edited July 19, 2010 by Darnell

[canadian_wife 1,808]

I'm sorry for your situation. The first thing to do is file the petition for your spouse to come to the US. This will be denied at the interview because he was illegally present in the US for more then 365 days after his 18th birthday thus giving him a 10 year ban from entering the US. You may file the I-601 and I-212 at the time of the denial. The I-601 and all its accompanying doucments, will be for the 10 year ban in which you must show why you cannot move to Mexico and how you will suffer extreme hardship if your husband does not return to the US. The I-212 is for the deportation.

It is important that you know this process is lengthy and your husband MUST remain in Mexico for the duration.

Laural Scott and immigrate2us.net is a great place to go. They specialize in inadmissability and waivers

Good luck

[emt103c 10]

Ditto to all. Head over to www.immigrate2us.net There is a special section dedicated to post-EWI and specifically Mexico. There are a TON of people in your situation, you can get started immedicately by filing the I-130 spousal petition and figure out the rest as you go along. You are in luck that Mexico gets special treatment and is allowed to be adjudicated within just a few days with a possibility of immediate approval. (Though it is a good possibility with previous DWI's he will have to go for more extensive adjudication that will take longer. . .)You can read a lot more at i2us though. You will feel very, very welcome immediately! Good luck!

[toma1 10]

The only thing I have been told for certain is that my husband had to wait at least a couple of years before he could come back.

It's generally a 10 year ban for an overstay as long as you have indicated. I can't imagine anything happening to change this without a lawyer.