Waiver on a 10 year band

[Tony1975 2]

Hi there

 

  I am a Canadian citizen married for 7 years to a U S citizen and have 2 girls of age 6 and 8. I was a green card holder since 2004 until recently when it was taking away and got deported .

the reason of deportation is abandoning my green card because I was  living outside the U S from 2015 until 2018   . Back in 2015 I was self employed and lost everything and end up owing sales taxes to the state which I still I have this case pending . That s the only criminal case I have which I was told by my criminal lawyer more likely to pay it off and it will dropped to a misdemeanour. FYI I end up in Immigration detention for five months until they changed my court address to BTC ( Broward  Transitional centre ) Florida . The Immigration lawyer that I had  told me that we need to apply for a waiver ( motion to admission) and that should take few months . I honestly lost  believe in him due to my experience  and I m looking for a new one .FYI my family still leaves in Florida and I am in Toronto. Waiting on my I130 To be approved  ,it was received on 8/13/2019. Here  is some of my questions that I appreciate your help with:
 

Would I be allowed to go back ?

How long the processing of my waiver should take ?

If yes , any idea of a fastest way possible ?
 

 

 

Edited May 15, 2020 by Tony1975

[databit 328]

So did you pay off the sales taxes to clear the criminal case? If not, start there. 

[Tony1975 2]

I will when I get the final number. Unfortunately is still pending due to covid 19 . My final court is on July 28th.. what do you  think it would be the next step ?

Edited May 15, 2020 by Tony1975

[Crazy Cat 41,682]

I don't think this is a DYI case........I would stick with a very good waiver-experienced attorney....

Edited May 15, 2020 by Lucky Cat

[Tony1975 2]

2 minutes ago, Lucky Cat said:

I don't think this is a DYI case........I would stick with a very good waiver-experienced attorney....

Any recommendation on good one?

[Just Paul 4,595]

11 minutes ago, Tony1975 said:

How long the processing of my waiver should take ?

If yes , any idea of a fastest way possible ?

I'm with @Lucky Cat.  I'd start looking for a good attorney for the waiver once the case goes to the NVC or consulate.  I know an attorney based in North Carolina that has had some good experiences in these types of cases throughout the southeast.   If you want, DM once you get closer and I'll get you his contact.

 

Your husband caan try to expedite the USCIS portion - costs nothing to ask.

[geowrian 22,337]

There's a few issues going on here, and there's not enough information to say something concrete.

I'm assuming you were in the US, left, then came back after 3 years but were paroled pending reveiwed by an IJ, and then ultimately deported as a result of that.

If you were deported (and it was the first deportation), you need to wait 5 years or have an I-212 approved. If you were deemed unlawfully present for 1+ year, then that's the 10 year bar needing an I-601.

If you need an I-601 (solo or alongside an I-212) then these would only be filed after being otherwise eligible for the visa (after the interview abroad). Only a solo I-212 can be filed beforehand, which doesn't appear to be the case here.

There may or may not be a waiver needed due to a CIMT...I can't tell either way from what was posted how that will play out. In either case, that would just be the same I-601 still.

ETA for an I-601 right now is roughly a year.

 

What is the extreme hardship to qualify for the waiver (no answer requested...just asking questions for you to think about)?

That + the presentation of it would be the biggest factors on if it will be approved or not. A qualified lawyer experienced with waivers is suggested here. They will be able to best assess the likelihood of getting a waiver approved for your specific circumstances.

Fastest way possible is to interview, get the refusal letter stating a waiver is available, then apply for the waiver.

Edited May 15, 2020 by geowrian

[Tony1975 2]

I was giving  a 10 year deportation.I lived in the U S since 2004 until 2015 May be Travelled out of the country for a month all together in the 11 years of my residency .

my family is struggling by me not being there. Thank you for the feedback , I will definitely 

be hiring a lawyer , any good waiver lawyers you can recommend ?

[Tony1975 2]

33 minutes ago, databit said:

So did you pay off the sales taxes to clear the criminal case? If not, start there. 

 

12 minutes ago, geowrian said:

There's a few issues going on here, and there's not enough information to say something concrete.

I'm assuming you were in the US, left, then came back after 3 years but were paroled pending reveiwed by an IJ, and then ultimately deported as a result of that.

If you were deported (and it was the first deportation), you need to wait 5 years or have an I-212 approved. If you were deemed unlawfully present for 1+ year, then that's the 10 year bar needing an I-601.

If you need an I-601 (solo or alongside an I-212) then these would only be filed after being otherwise eligible for the visa (after the interview abroad). Only a solo I-212 can be filed beforehand, which doesn't appear to be the case here.

There may or may not be a waiver needed due to a CIMT...I can't tell either way from what was posted how that will play out. In either case, that would just be the same I-601 still.

ETA for an I-601 right now is roughly a year.

 

What is the extreme hardship to qualify for the waiver (no answer requested...just asking questions for you to think about)?

That + the presentation of it would be the biggest factors on if it will be approved or not. A qualified lawyer experienced with waivers is suggested here. They will be able to best assess the likelihood of getting a waiver approved for your specific circumstances.

Fastest way possible is to interview, get the refusal letter stating a waiver is available, then apply for the waiver.

I was giving  a 10 year deportation.I lived in the U S since 2004 until 2015 May be Travelled out of the country for a month all together in the 11 years of my residency .

my family is struggling by me not being there. Thank you for the feedback , I will definitely 

be hiring a lawyer , any good waiver lawyers you can recommend ?

[Just Paul 4,595]

5 minutes ago, Tony1975 said:

I lived in the U S since 2004 until 2015 May be Travelled out of the country for a month all together in the 11 years of my residency .

You weren't deported for that.  You were deported for living outside the U S from 2015 until 2018.

 

6 minutes ago, Tony1975 said:

my family is struggling by me not being there.

And that is why you husband can ask for an expedite.  Having two households is not cheap.

7 minutes ago, Tony1975 said:

I will definitely be hiring a lawyer

Not needed at this point.

[Tony1975 2]

2 minutes ago, Paul & Mary said:

You weren't deported for that.  You were deported for living outside the U S from 2015 until 2018.

 

And that is why you husband can ask for an expedite.  Having two households is not cheap.

Not needed at this point.

Just to clarify , My wife and kids are in Florida.  You mean expediting the waiver or the i130. 

[Just Paul 4,595]

Just now, Tony1975 said:

Just to clarify , My wife and kids are in Florida.  You mean expediting the waiver or the i130. 

Right - you are in Canada.   Your spouse, the petitioner,  can ask to expedite the i-130.   You don't know for sure what waivers are needed until later in the process

[Tony1975 2]

2 minutes ago, Paul & Mary said:

Right - you are in Canada.   Your spouse, the petitioner,  can ask to expedite the i-130.   You don't know for sure what waivers are needed until later in the process

Got it ... any good waiver attorneys would you recommend ?

[Just Paul 4,595]

15 minutes ago, Tony1975 said:

Got it ... any good waiver attorneys would you recommend ?

You don't need one until you get the to the NVC or consulate.  Then feel free to DM me.

[Tony1975 2]

11 minutes ago, Paul & Mary said:

You don't need one until you get the to the NVC or consulate.  Then feel free to DM me.

Ok .. Thank you for your help