Can I file the I130 application or do I have to file a waiver?

Hello: *Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.

I understand your frustration. Immigration law is a confusing area of the law. what to file, when and where depends on your husband's immigration history. The one thing I can tell you is that yes you will need a waiver. I would file the I-130 and the waiver called consent or permission to apply. Then at the embassy you will need to file another waiver.

It will depend on why he was deported. Depending on the grounds of the deportation, your husband may or may not qualify for a waiver. I strongly suggest that you contact an experience immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's deportation case. He/she would then be in a better position to analyze you case and advise you of your options.

You can file the I-130 first. He can file the I-601 and I-212 waivers after his interview.