QUESTION

Can a person who has been deported come back into the us if she gets married to the us citizen that she has a child with?

Asked on Jul 24th, 2012 on Immigration - Kansas
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Assuming that the person was only deported one time, and that the deportation was less than 10 years ago, a person who is married to a U.S. citizen and has a child with the citizen would have the U.S. citizen petition for her and go through consular processing at the end of which she would be refused for the immigrant visa and instructed to file waiver applications. Two waiver applications would then typically have to be submitted to the U.S.C.I.S. lockbox in Phoenix. Those would be Form I-601 application for waiver of grounds of excludability to cover such grounds as fraud or misrepresentation, crimes, or being in the United States illegally for 180 days or one year (3 and 10 year bars respectively), and Form I-212 application for permission to reapply for admission into the U.S. after deportation or removal. The Phoenix lockbox is located at: For U.S. Postal Service: U.S.C.I.S., P.O.Box 21600, Phoenix, Ariz. 85036 For express mail or courier deliveries: U.S.C.I.S., Attention:612/ 212 Foreign Filers 1820 E Skyharbor, Circle S, Suite 100, Phoenix, Ariz. 85034
Answered on Sep 24th, 2012 at 10:53 AM

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