An Experienced input needed

[joechima 6]

Here we go,trying to help a friend he was born in Nigeria in 1978 emigrated to the US in 1981.Had a lot of criminal issues was deported in 1998 but has a son and a daughter from two women who are 15 and 13 respectively.pls can their mothers and children file a waiver for him to come back to the US??

[dwheels76 5,468]

Here we go,trying to help a friend he was born in Nigeria in 1978 emigrated to the US in 1981.Had a lot of criminal issues was deported in 1998 but has a son and a daughter from two women who are 15 and 13 respectively.pls can their mothers and children file a waiver for him to come back to the US??

is he married to either woman? If they aren't his wife nope. And the kids can't petition dad until they are 18. So there's no avenue for him there.

Even if he was to marry a US citizen and they petition him they would have to prove on a hardship waiver which comes way after the petition and interview that its a hardship to have hubby away from them because they are suffering in some way.

Considering his criminal behavior got him deported highly unlikely he would ever be able to come to US even as a visitor. Sorry.

[rbacon 1]

Joechima,

The first step is not a waiver, but is an I-130 immigrant petition submitted by a U.S. citizen wife or child age 21 or older. The petition will progress to a point where additional evidence will be requested, or it may get all the way to the NVC, and then perhaps the Embassy in Nigeria. If the Embassy interview results in a denial, the reviewer may recommend an option to apply for a "Application for Waiver of Grounds of Inadmissibility," I-601, or "Application for Permission to Reapply ...After Deportaiton or Removal," I-212. My experience has been with the I-601 form, once successfully and once with a resulting denial because the applicant had been removed several times.

For a return of criminally-deported persons, a 10-year+ absence seems to be the starting point for establishing eligiblity, but it really depends on the seriousness of the criminal history.

--Ray B

Here we go,trying to help a friend he was born in Nigeria in 1978 emigrated to the US in 1981.Had a lot of criminal issues was deported in 1998 but has a son and a daughter from two women who are 15 and 13 respectively.pls can their mothers and children file a waiver for him to come back to the US??

DWheels,

The children must be aged 21 or older (and U.S. citizens) to petition a parent.

--Ray B

is he married to either woman? If they aren't his wife nope. And the kids can't petition dad until they are 18. So there's no avenue for him there.

Even if he was to marry a US citizen and they petition him they would have to prove on a hardship waiver which comes way after the petition and interview that its a hardship to have hubby away from them because they are suffering in some way.

Considering his criminal behavior got him deported highly unlikely he would ever be able to come to US even as a visitor. Sorry.

[joechima 6]

Sorry he was deported in 2008,nope he is not married either.what if they get married in Lagos say now,can he be allowed back?

[Ebunoluwa 6,136]

This is a matter for an experienced immigration attorney competent in waivers.

[dwheels76 5,468]

DWheels,

The children must be aged 21 or older (and U.S. citizens) to petition a parent.

--Ray B

Oh okay. Thanks. Sorry OP for wrong info.

[rbacon 1]

Marriage will not guarantee that the deported person will be allowed to return to the U.S.

A new U.S. citizen spouse, no matter where they marry, or a U.S. citizen child, aged 21 or older, can petition him and get the paperwork all the way to the Embassy in Nigeria. At that point, however, the Embassy will decide whether to allow a waiver request.

I wouldn't recommend hiring an attorney this early in the game, as you can easily pay $5,000 to $10,000 for an attorney specialized in waivers, and the waiver may not be approved. (money lost).

Anyone (spouse or adult children) can submit the immigrant petition and get to the interview. But the waiver process, if even allowed by the Embassy is a different matter altogether.

--Ray B

Sorry he was deported in 2008,nope he is not married either.what if they get married in Lagos say now,can he be allowed back?

[dwheels76 5,468]

Sorry he was deported in 2008,nope he is not married either.what if they get married in Lagos say now,can he be allowed back?

It's not just a matter of him marrying. That doesn't fix it. He has a big hurdle to overcome. Tell him to run not walk to a good waiver attorney like Ebunoluwa stated.

[Hypnos 6,578]

It would depend on why exactly he was deported in the first place.

[Krikit 1,165]

Here's some good reading. Make sure you get down to the part discussing serious offenses.

http://www.alllaw.com/articles/nolo/us-immigration/reentry-after-removal-deportation.html

If you go to http://immigrate2us.net/forum/content.php they specialize in hardship cases.

I am moving your thread from the IR-1/CR-1 Spouse Visa Process forum and moving it to the Waivers forum.

[Boiler 45,912]

He was deported 16 years ago, so I guess the 15 year old is possible, but the 13 year old?

[Ebunoluwa 6,136]

Marriage will not guarantee that the deported person will be allowed to return to the U.S.

A new U.S. citizen spouse, no matter where they marry, or a U.S. citizen child, aged 21 or older, can petition him and get the paperwork all the way to the Embassy in Nigeria. At that point, however, the Embassy will decide whether to allow a waiver request.

I wouldn't recommend hiring an attorney this early in the game, as you can easily pay $5,000 to $10,000 for an attorney specialized in waivers, and the waiver may not be approved. (money lost).

Anyone (spouse or adult children) can submit the immigrant petition and get to the interview. But the waiver process, if even allowed by the Embassy is a different matter altogether.

--Ray B

I disagree, in this case it is vital to hire an attorney from the beginning to assess the entire situation as vital mistakes can be made

during the petition to make a waiver even more difficult.

There are times when a waiver can be front loaded and only an experienced waiver attorney can determine that.

Such a waiver must have a qualifying relative (spouse, parent)and a child does not count depending on crimes committed, again to be

determined by an attorney.

The qualified USC must prove extreme hardship without the beneficiary, not just financial.

It is not just a matter of filling out a form but extensive documentation from the start.

I strongly advise the OP to tell her friend to hire a waiver attorney.

Laurel Scott is one of the best and has free chats if you can catch her but there are other good waiver attorneys out there also.

http://immigrate2us.net/forum/forumdisplay.php?24-Laurel-Scott-Chat-Logs

This will be an extremely difficult thing to overcome and a waste of time without an attorney.

[dwheels76 5,468]

He was deported 16 years ago, so I guess the 15 year old is possible, but the 13 year old?

No he corrected and said he was deported in 2008. not 1998.

[Ebunoluwa 6,136]

Some violations not only make the alien inadmissible, they make the alien ineligible to apply for a waiver.

http://www.scottimmigration.net/content/i601memo

As I said some violations do not include children as qualifying relatives for a waiver.

The crimes / violations committed have to be sorted out by an attorney to determine if a petition should even be filed.

[Ebunoluwa 6,136]

Sorry he was deported in 2008,nope he is not married either.what if they get married in Lagos say now,can he be allowed back?

If he gets married for "immigration purposes" then he is done before he begins anyway.

Either he wants to get married or he doesn't and that is a relationship issue not an immigration issue.

Tread carefully here and understand how it can be interpreted.