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El Paso

Friend deported, trying to get back from her spouse visa

By El Paso in Bringing Family Members of Permanent Residents to America

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El Paso Contributor

El Paso   0

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My friend was deported from US a few years ago but her ban is ending soon. She got married to her boyfriend last year, who is a green card holder. She and her husband are trying to get her to the US as soon as her ban ends but after talking to a couple of lawyers it looks like it is still going to take another year after the end of her ban to enter the US as a dependent. Any immigration lawyer here or people with similar cases or experience that can help? Thanks in advance

Timona Experienced

Timona   4,208

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When was she deported? Year, that is

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Ontarkie Grand Master

Ontarkie   14,325

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~~Moved to Bringing Family of PR, from IR1/CR1 P&P - as the soon to be petitioner is a PR.~~

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Boiler Grand Master

Boiler   45,794

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What was she deported for, what is her history.

 

Deportation just by itslef is 5 years

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,794

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I could see other potential issues but he starts by filing the I 130

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

El Paso Contributor

El Paso   0

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Just now, Boiler said:

I could see other potential issues but he starts by filing the I 130

Yes, they are start filing planning the time so both her ban also ends and their waiting or processing time ends so they won't have the waiver restriction

Boiler Grand Master

Boiler   45,794

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Pleaae let us know how it goes.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Unlockable Mentor

Unlockable   7,315

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2 hours ago, El Paso said:

 it looks like it is still going to take another year after the end of her ban to enter the US as a dependent. 

Actually, since the spouse is a permanent resident and not a US citizen it will be well more than a year. It will likely be over 2 years.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

El Paso Contributor

El Paso   0

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5 hours ago, Unlockable said:

Actually, since the spouse is a permanent resident and not a US citizen it will be well more than a year. It will likely be over 2 years.

What's the possibilities of her getting visa through her spouse after her ban ends?
Does their case become like regular i130 after applying after her ban time or they need to some extra steps due to her ban ?

 

Boiler Grand Master

Boiler   45,794

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8 minutes ago, El Paso said:

Sure.
Is it better for her to apply for student visa after her ban ends or apply and wait through her spouse?

Does her case affect i130, even after her ban time ends?

You think they are going to give a Student Visa after what happened last time?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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