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  1. #1
    Join Date
    Jul 2010
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    3

    Default Entry After Either Deportation or Voluntary Departure After Order of Deportation

    Hello,

    My wife entered the US on a tourist visa with her parents when she was 10. They applied for political asylum, were denied, and were eventually given a final order of deportation. My wife has overstayed by more than a year and thus subject to a 10-year ban from reentering. In the meantime, she has worked, paid all her taxes, and has not otherwise been in trouble with the law. I am a US citizen.

    My question is:

    If she is deported, or if she leaves voluntary after having been issued a final order of deportation, is there any way she would be able to return before the 10-year period is over? What forms would we have to file, and how likely would success be?

    Thank you.

  2. #2
    Join Date
    Jul 2010
    Posts
    32

    Default Re: Entry After Either Deportation or Voluntary Departure After Order of Deportation

    I believe your marriage to her trumps all the deportation issues. I mean why don't you apply for her citizenship through marriage? I heard it is easier if you applied when you're married for 2 or more years and with kids. You really need an immigrant lawyer for your case.

  3. #3
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Entry After Either Deportation or Voluntary Departure After Order of Deportation

    If she had not received an order of deportation, then yes, our marriage would be sufficient grounds for obtaining her legal permanent residency. However, every immigration lawyer we have spoken to has said that we need to file a "motion to reopen" her case, which requires joint approval of our counsel and the district attorney which issued the order of deportation. Almost every lawyer we have spoken to says this is unlikely to be approved.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Entry After Either Deportation or Voluntary Departure After Order of Deportation

    If she is deported, or if she leaves voluntary after having been issued a final order of deportation, is there any way she would be able to return before the 10-year period is over?
    Unlikely. You would need to prove that her deportation constitutes a severe hardship for you. It doesn't sound like you've been married long enough to be able to show that.

    What forms would we have to file, and how likely would success be?
    She would need to file the I-212 after her deportation. Processing takes 6 - 8 months, and no one can tell you how likely approval will be.

  5. #5
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Entry After Either Deportation or Voluntary Departure After Order of Deportation

    We've been married since April, 2004.

    I thought the I-601 was the form related to hardship, and that the I-212 was the waiver of inadmissibility. Am I wrong? If she were deported, wouldn't she need to file both? If she leaves voluntarily, would it just be the I-601?

    Thanks.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Entry After Either Deportation or Voluntary Departure After Order of Deportation

    I thought the I-601 was the form related to hardship, and that the I-212 was the waiver of inadmissibility.
    Correct.

    When you said your wife had overstayed a year, it sounded like the marriage was quite recent, so I didn't address the I-601. My apologies.

    Can you document severe hardship to you if she were to be deported?

    If she leaves voluntarily, would it just be the I-601?
    No. She would need to file both if you're planning to claim hardship.

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