Deported in May. Require Info On Lifting 5YR Ban

[MattByng 0]

Hi all,

First off I apologise if this is in the wrong forum so please move accordingly.

I recently got deported from the US on May 5th after being there for 6 years and have received a 5 Year ban on re-entry. I did not commit any crime apart from a speeding ticket. The cops called ICE on me and I got deported after a month. I am currently engaged to a US citizen and would like to know how I can get the ban lifted so I can return to the US and be with my fiance. She is currently still in the US and hopefully coming here soon to stay for a short while. What is the procedure for us to get me back into the US? I am totally lost on all this immigration stuff but I have tried calling the US embassy in London but they have a stupid premium rate number. All the laywers over here who deal with immigration only deal with immigration into the UK.

Any help would be very much appreciated on who I need to talk to or what I can do.

Thanks

Matt

[milimelo 4,541]

You also have a ban for 10 yrs for being in the country over 1 year (up to one year is 3 yr ban, over one year is 10yrs). You'll need to file the waivers - I601 and I-212 to get back in the US - the USC, your petitioner is the one who has to do them and show extremen hardship to USC if you're not allowed back into the country.

First things first, you can't file for waivers until you have an approved petition which goes to consulate and at the visa interview you're found inadmissible. Then you file the waivers.

May want to look into free chat with Laurel Scott on Wednesdays - she deals with waivers all the time.

[canadian_wife 1,827]

Honestly, there is no 'may' about it. It seems pretty sure that you do have a ban

First step is the USC will petition for you. You will then interview and likely be denied at the interview for your deportation and overstay. You will then (hopefully, depending on the consulate) be able to submit the I212 for the deportation, and the I601 (written on behalf of the USC as to how they will suffer extreme hardship if you are not returned to the US) and you will wait for a final decision.

Do not move forward without a lawyer, they are essential in preparing the I601 and the hardship packet. Go on over to immigrate2us.net as they specialize in this sort of thing and maybe consult with Laural Scott

Good luck

PS - what country are you from? What was the reason for the deportation?

[MattByng 0]

I do have a ban and its for 5 years. I have the paper here saying so. Is there anyway I could get back through my fiancee?

Im from the UK and got deported for visa waiver overstay.

Edited July 28, 2011 by MattByng

[canadian_wife 1,827]

Again, your fiance will have to petition for you and you'll have to apply for the visa, which will be denied. Then the hardship waiver will be presented and evaluated.

Expect more than a year for this process to conclude. In the mean time, no chance you'll go back to the US

Good luck

[milimelo 4,541]

I do have a ban and its for 5 years. I have the paper here saying so. Is there anyway I could get back through my fiancee?

Im from the UK and got deported for visa waiver overstay.

You have one for deportation - 5 yrs. You have another for overstay - that's a 10-yr one. You will need waivers for this.

[Penguin_ie 5,996]

Canadian wife is correct.

Yes, you can get back to the US via your fiancee, but not quickly- you are looking at one year+, probably more as London is backlogged with interview appointments. Your fiancee needs to petition you for the K1 fiance visa first (or the CR-2 spousal visa if you want to get married somewhere, then apply), then you apply for the visa. At the interview you will be denied because of the ban, then you file the waiver.

[Boiler 45,945]

http://www.us-visa.co.uk/

For a start. There are many more.

I would allow 18 months ish.

[Christi85 86]

You need a very good lawyer who specializes in filing for waivers. The main purpose of such waivers is to prove extreme hardship (financial, health, family etc.) for the US citizen if you are apart and/or if they have to join you in your country. Unfortunately your fiancee joining you in England isn't the same as if you were from an under-developed country, so it could make the hardship harder to prove. She won't have to deal with a language barrier there, plus England is a rich and developed country and in some aspects even better off than America at this point.

So you do need a kick-a** lawyer to tackle this and help you prove extreme hardship. Keep in mind that there are no guarantees that a waiver will be approved, but a good lawyer who know what they're doing will boost your chances a lot.

There are a few US-immigration lawyers in England, but there are also plenty of them in the US with whom you could work over the phone/via email/fax etc. They're going to be very expensive either way, so it might actually save you money to work with someone in the US (they'll charge you in $$, but because you'll be paying in GBP the exchange rate will work in your favor).

Good luck!

[Brother Hesekiel 2,236]

You have only received a 5-year bar for deportation. But you automatically triggered another 10-year bar for "unlawful presence of 1 year or longer." Both bars are served concurrently, meaning it's going to be 10 years either way.

As has been said before, you will need to obtain two waivers: the I-212 for deportation and the I-601 for unlawful presence. The arguments for both waivers are identical. Your fiance has to prove that she would suffer extreme hardship if you couldn't move to her to the US of A and at the same time has to show that there's no way that she could move to the U.K. without going to hell.

If she's in a wheel chair with severe brain damage and you have been her sole provider for the past 6 years, that's rather easy to prove. in your situation it's a rather difficult task. As many who have looked into the subject, I recommend an immigration attorney who does nothing but I-212 and I-601 waivers for a living. Laurel Scott is such a lawyer. You will have to pay between $8K and $10K before everything is said and done and you'll have to wait at least 18 months, perhaps longer, if, and only if your attorney can make the hardship case for your fiance.

Frankly, and that's a personal note, you are facing an upstream battle. It won't be easy, it won't be fun, and it won't be cheap.

Edited July 29, 2011 by Just Bob

[Sergi9 110]

Hi all,

First off I apologise if this is in the wrong forum so please move accordingly.

I recently got deported from the US on May 5th after being there for 6 years and have received a 5 Year ban on re-entry. I did not commit any crime apart from a speeding ticket. The cops called ICE on me and I got deported after a month. I am currently engaged to a US citizen and would like to know how I can get the ban lifted so I can return to the US and be with my fiance. She is currently still in the US and hopefully coming here soon to stay for a short while. What is the procedure for us to get me back into the US? I am totally lost on all this immigration stuff but I have tried calling the US embassy in London but they have a stupid premium rate number. All the laywers over here who deal with immigration only deal with immigration into the UK.

Any help would be very much appreciated on who I need to talk to or what I can do.

Thanks

Matt

Steven Heller he is a US Immigration attorney practicing in UK. He used to be a USCIS Adjudicator at the London Embassy. His rates are reasonable compared to other attorneys (stateside) and you could not ask for a better set of qualifications. He knows the I601/I212 from the inside perspective. message Mintchip in the London forum she has been using him I believe and seems to be happy with his service.

Laurel Scott is around 10k, and although she does waivers "worldwide" the vast majority of her caseload is out of Mexico and South America. As was mentioned. You can pop over to I12us.net but unfortunately not much info on the London Embassy there. There is also a couple research links in this forum. I suggest you and your sweetie get to reading everything in there so you understand the case law so you can participate knowledgeably with your attorney on this.

You are dealing with a pretty serious issue here, the 5 year ban is for the deportation and it requires filing an I212. You also got hit with the 10 year ban for unlawful presence of more than 1 year. That requires and I601 which requires that you demonstrate "extreme hardship" to your US Citizen Spouse or Parent (qualifying relative). You fiance can also petition for you.

Persons who accumulate 180 days or more of unlawful presence after April 1, 1997, and then left the country, cannot return to the U.S. for 3 years. Persons who accumulate one year or more of unlawful presence after April 1, 1997, and then left the country, cannot return to the U.S. for 10 years. Persons who illegally return to the U.S. without seeking a waiver, must wait outside the U.S. for a period of 10 years before they can apply for a waiver. The same rule applies to persons who illegally reenter the U.S. after being deported.

Be aware that some changes seem to be in the works regarding the filing location of the I601/I212. It appears USCIS intends to change the filing location from the USCIS sub-offices to a lock box in the states some time around November of this year. This may or may not work to your advantage as processing times under this system are "unknown". The London Embassy appears to be taking about 12 months so it may help as the USCIS goal is 6 months.

So get the I129F filed ASAP as that will take 6-9 months then the processing time for the I601 can add another 6 months to a year.

Good luck.

[Boiler 45,945]

In these circumstances I would not have thouht London would be too bad, they seem to come down hard on CIMT's rather than overstays.

And 601 and 212's are the same standard.

[Used to be broken 147]

In these circumstances I would not have thouht London would be too bad, they seem to come down hard on CIMT's rather than overstays.

And 601 and 212's are the same standard.

With the current changes in I601 filing coming up and the projected timeframe which is Nov 2011 for lockbox filing, London probably will not be adjudicating his case. There is no telling what the outcomes will be once the cases start being adjudicated in the US vs overseas USCIS offices, although the idea behind the system is fairness and consistency in adjudication.

Overstay is relatively innocuous on the aggravating factors list, but the "overall picture" which includes another aggravating factor which is the deportation. A lenghthy overstay is more of an aggravating factor than a couple of months and is considered differently for a married person than a single person or fiance.

As was mentioned earlier they will have to get creative with the Hardship's since England is a first world country with a common language and relatively similar economy to US.

Edited July 29, 2011 by brokenfamily

[Boiler 45,945]

Socialist health care?

Very easy, and London is not that difficult, much rather go through London than many 3rd world countries.

[Used to be broken 147]

Socialist health care?

Very easy, and London is not that difficult, much rather go through London than many 3rd world countries.

What does this mean ???? London is not that difficult?

*the K1 will interview at London Embassy, but more than likely the I601 will be adjudicated in the US, not London Embassy.