IR-1 and Deportation?

[Juanito3D 0]

Hello everybody, new here...

I am 25, married to a US citizen, and we will apply for a spouse visa.

However, back in 2000 I moved to the US with my mother, overstayed our tourist visa, and in 2003 got a deportation/removal (?) order. We stayed in the US until December 2010.

:/

I'd like to know how much of a problem the overstay and the deportation would be for when we file the I-130 petition, and for the IR1 visa application.

Thanks a lot!

Juanito3D

[aleful 1,905]

hi

you will need to file 2 waivers since you have a 10 year ban. one is the i601 for overstaying more than 1 year in the country and the i212 is for deportation

plus your spouse will have to do a hardship letter, he will have to prove that he will suffer greatly if you cannot come to the US and the reasons why he cannot live with you in your country

you will need to overcome the ban to be able to get a visa, the waivers are sent after your interview, your visa will be denied and they will let you know if you qualify for both waivers and the hardship letter

[dwheels76 5,466]

hi

you will need to file 2 waivers since you have a 10 year ban. one is the i601 for overstaying more than 1 year in the country and the i212 is for deportation

plus your spouse will have to do a hardship letter, he will have to prove that he will suffer greatly if you cannot come to the US and the reasons why he cannot live with you in your country

you will need to overcome the ban to be able to get a visa, the waivers are sent after your interview, your visa will be denied and they will let you know if you qualify for both waivers and the hardship letter

Aleful can you help me understand this situation with the OP? is the waiver needed because although they were underage they stayed illegally into their adulthood so they need a waiver for that.

But doesn't marriage to a US citizen excuse that? They entered legally right?

[Hypnos 6,576]

Marriage to a US citizen is only a non-issue to green card issuance for simple overstay when someone is still in the US; the OP had an order of removal, (presumably) didn't obey it, and then left / were removed from the US, so they have other problems.

As stated, you'll need an I-212 waiver (essentially seeking permission to re-enter after deportation) and an I-601 waiver for your illegal presence (since you're seeking an immigrant visa abroad and not adjustment of status within the US), although you may not need that one depending on how old you were when you left the US.

You should consult with an experienced immigration attorney.

Edited December 29, 2013 by Hypnos

[aleful 1,905]

Aleful can you help me understand this situation with the OP? is the waiver needed because although they were underage they stayed illegally into their adulthood so they need a waiver for that.

But doesn't marriage to a US citizen excuse that? They entered legally right?

hi,

if you read correctly, the OP left the country in 2010, triggering the 10 year ban, as Hypnos stated he will heed both waivers, since he overstayed after his 18th and a half birthday and left at 25, so he has an overstay of more than 1 year after 18 plus deportation or removal

and his wife will need to do the hardship letter

[dwheels76 5,466]

hi,

if you read correctly, the OP left the country in 2010, triggering the 10 year ban, as Hypnos stated he will heed both waivers, since he overstayed after his 18th and a half birthday and left at 25, so he has an overstay of more than 1 year after 18 plus deportation or removal

and his wife will need to do the hardship letter

Thank you Aleful and Hypnos. I just want to be clear. Thank you for explanation I get it now.

[nanana 74]

http://immigrate2us.net/forum/content.php

on this forum you can find more similar posts, threads to your situation.

Good luck!

[NikLR 13,227]

I really suggest getting a lawyer. You seem to be far beyond the DYI, although you can try with the help of the other website where waivers are covered more in depth than here. If you do get a lawyer, get a very good one, not just any ol' joe blow.