How does a US citizen bring his deported wife back?

[Mrs. TommyG 0]

Could you please provide the address to which my husband of 4+ years, a U.S. citizen who lives in Las Vegas, whom I haven't seen for the last 18 months, can mail the I-601, Waiver of Grounds of Inadmissibility? My 5-year-old son lives in Vegas too, with his grandma and biological father. I wrote to ICE last summer and they sent me the form, but I don't know where to mail it to. I read something online about Phoenix, Arizona lockbox facility, do you have an address?

Just to give you a brief overview of my history, I came on a tourist visa in September of 1999, thanks to my employment with the United Nations High Commissioner for Refugees at the time. In May 2006 I had my son, and in January 2008 got married. My husband is NOT my son's biological father. He filed I-130 but somehow our paperwork was lost. We were told we weren't in the system. I got picked up on jaywalking downtown Las Vegas - ridiculous! - and after 4 months in NLVDC was deported to Azerbaijan, my birth country. Any other advice on how to help me return to my American family after my deportation in January 2011 will be greatly appreciated. Thank you so much, have a blessed day.

[Leatherneck 693]

The I-601 must be submitted to the US Embassy/consulate where you'll have your interview. The waiver is submitted to a Lockbox when you're inside of the US. Click here for the I-601 instructions.

Edited April 5, 2012 by Leatherneck

[Penguin_ie 5,993]

Leatherneck is correct. YOur husband needs to petition you first with the I-130. When you have your interview for nthe IR-1 spousal visa, it will be denied because of the overstay/ deportation, and then you file the 601.

[Mrs. TommyG 0]

Hello,

I'm a citizen of Azerbaijan, came to the US in September 1999 on a tourist visa which i was only able to get because of my employment with the United Nations High Commissioner for Regugees at the time. I stayed. I had my son in 2006, and got married in 2008. My husband and son live in Las Vegas. My husband is not my son's biological father, but he loves the boy and raised him as his own. We filed I-130 in April of 2010. Someone in Chicago signed for the FedEx. Then our paperwork was lost. In August 2010 when my husband called to inquire, he was told we were not in the system. In September 2010 i was picked up on alleged jaywalking (sheer bad luck!) and after spending 4 months in jail was deported back to Azerbaijan in January 2011. My husband got an attorney but instead of Stay of Deportation she filed Motion to Reopen Case siting mental illness which i don't have, and failing to submit sufficient supporting documents. She told my husband he had nothing to worry about. Yet i ended up getting deported with nothing but the clothing on my back. Last summer i wrote to the Director of ICE, John Morton. His executive secretary replied and sent me I-601. I took it to the US embassy here in Baku, Azerbaijan. Unfortunately, they only do tourist visas, and i couldn't get one. In my letter i included my husband's contact info. Later on he also got some mail from them. It was letters which we never received, although we properly filed change of address form whenever we moved. They claim to have sent us a letter saying we had an interview scheduled to get my greencard -- in November 2010, when i was ALREADY in jail and in removal proceedings (?!?). And since we failed to appear and never followed up, our claim was denied due to abandonment. This is my story, and I really need your advice. What should my husband do to bring me back to the US as soon as possible? My son will be 6 in May, it's now his second birthday that he's spending without his Mommy. I can't live without him and my husband. Thank you so much for your kind attention. Any help/advice will be greatly appreciated.

[Mellow 8]

Hello,

I'm a citizen of Azerbaijan, came to the US in September 1999 on a tourist visa which i was only able to get because of my employment with the United Nations High Commissioner for Regugees at the time. I stayed. I had my son in 2006, and got married in 2008. My husband and son live in Las Vegas. My husband is not my son's biological father, but he loves the boy and raised him as his own. We filed I-130 in April of 2010. Someone in Chicago signed for the FedEx. Then our paperwork was lost. In August 2010 when my husband called to inquire, he was told we were not in the system. In September 2010 i was picked up on alleged jaywalking (sheer bad luck!) and after spending 4 months in jail was deported back to Azerbaijan in January 2011. My husband got an attorney but instead of Stay of Deportation she filed Motion to Reopen Case siting mental illness which i don't have, and failing to submit sufficient supporting documents. She told my husband he had nothing to worry about. Yet i ended up getting deported with nothing but the clothing on my back. Last summer i wrote to the Director of ICE, John Morton. His executive secretary replied and sent me I-601. I took it to the US embassy here in Baku, Azerbaijan. Unfortunately, they only do tourist visas, and i couldn't get one. In my letter i included my husband's contact info. Later on he also got some mail from them. It was letters which we never received, although we properly filed change of address form whenever we moved. They claim to have sent us a letter saying we had an interview scheduled to get my greencard -- in November 2010, when i was ALREADY in jail and in removal proceedings (?!?). And since we failed to appear and never followed up, our claim was denied due to abandonment. This is my story, and I really need your advice. What should my husband do to bring me back to the US as soon as possible? My son will be 6 in May, it's now his second birthday that he's spending without his Mommy. I can't live without him and my husband. Thank you so much for your kind attention. Any help/advice will be greatly appreciated.

It's best to consult a good immigration lawyer. Deportations are tough you know.

[kzielu 1,149]

Your husband needs to file I-130 for you with inadmissibility waiver. Lawyer is definitely recommended, expect that this process will take a while...

[Penguin_ie 5,993]

*** two topics on related issues merged. Please don;t start a new topic- instead if anything is unclear or you have extra information, post it as a reply to your original topic ****

[JimVaPhuong 4,863]

You need a lawyer. The I-601 is a waiver for an inadmissibility. You were deported, so you also need permission to apply for reentry, which means an I-212 waiver. Your US citizen husband will have to prove it would be an extreme hardship on him if you aren't allowed to return to the United States. He might be able to use your son as evidence in this case to prove hardship, but that's complicated if the child isn't his because he has no legal obligation to support or take care of the child. Hardship on your son won't be relevant - only a spouse or parent is a qualifying relative for a hardship waiver. The law presumes a child could return to the parents home country, thereby eliminating the hardship.

The downside is that you'll need both waivers. The upside is that the hardship requirements for both waivers is the same, so if it can be proven for one waiver then it's automatically enough for the other waiver. Everything depends on how the hardship case is presented. You really need an immigration lawyer with experience with hardship waivers. Most immigration lawyers don't have extensive experience with these waivers, and many (as you've discovered) are incompetent. Laurel Scott is often mentioned on this site. She specializes in these type of waivers.

[Mrs. TommyG 0]

Thanks for replying, everyone. Last September i took the I-601 sent to me by ICE and went to the US embassy here in Baku, Azerbaijan. They only do tourist visas here, and i'm not eligible for one because my huband and son are both US citizen, all my family is in the United States. They said my husband needs to file an immigrant visa petition, then through the National Visa Center they send me the documents that i take to the US embassy in Tbilisi, Georgia (a neighboring country) to get my immigrant visa. We did file I-130 in April of 2010, and it's a long story. First they lose our paperwork, and when my husband calls to inquire they tell him we're not in the system. Then after i was deported in January of 2011 and wrote a letter to the director of ICE last summer, they sent my husband the letters we never received, claiming we had an interview scheduled in November of 2010, when i was ALREADY in jail and in removal proceedings! What do y'all think about that?!?

[Boiler 45,486]

The OP also posted on Immigrate2US, she was asked questions, never answered any of them but just kept repeating her initial storyline.

And now is doing the same here.

Weird.

[Mrs. TommyG 0]

The OP also posted on Immigrate2US, she was asked questions, never answered any of them but just kept repeating her initial storyline.

And now is doing the same here.

Weird.

I did try to answer all the questions, about the I-130 - my husband already filed it - and applying for a visa at the US embassy, which was done last September. I'm sorry I'm new to this board and can't quite figure out how to find my own posts and follow the discussion. My apologies.

[Boiler 45,486]

http://immigrate2us.net/forum/showthread.php?109738-Deported-how-do-I-get-back-to-my-family-Need-your-advice&highlight=azerbaijan

http://immigrate2us.net/forum/showthread.php?108951-URGENT-Where-to-mail-the-I-691-form

Here you and the answers.

[JimVaPhuong 4,863]

I did try to answer all the questions, about the I-130 - my husband already filed it - and applying for a visa at the US embassy, which was done last September. I'm sorry I'm new to this board and can't quite figure out how to find my own posts and follow the discussion. My apologies.

Ok, was the I-130 approved by USCIS? Did it go to the National Visa Center, and was the NVC processing completed (selection of agent, affidavit of support, DS-230, etc.)? Was a visa interview scheduled at the US consulate? Did you attend that interview? Was the visa denied?

You are supposed to submit the I-601 and I-212 waiver applications at the US consulate after the visa is denied. Then you wait. If the waivers are approved then you'll get a visa. If not, you sit and wait until the bans are lifted.

You've been advised, both here and at immigrate2us, to get an immigration attorney. This is WAY more than a do-it-yourself immigration case, and you need professional help.

[Mrs. TommyG 0]

Ok, was the I-130 approved by USCIS? Did it go to the National Visa Center, and was the NVC processing completed (selection of agent, affidavit of support, DS-230, etc.)? Was a visa interview scheduled at the US consulate? Did you attend that interview? Was the visa denied?

You are supposed to submit the I-601 and I-212 waiver applications at the US consulate after the visa is denied. Then you wait. If the waivers are approved then you'll get a visa. If not, you sit and wait until the bans are lifted.

You've been advised, both here and at immigrate2us, to get an immigration attorney. This is WAY more than a do-it-yourself immigration case, and you need professional help.

No, our I-130 was lost, when my husband called he was told we weren't in the system. Then i was deported, and after i wrote to ICE last summer they sent copies of letters they claim to have mailed us, saying we had an interview scheduled when i was already in jail.

[Boiler 45,486]

What does your Lawyer say, or for that matter your Husband?