QUESTION
Can my wife still petition for me even im barred from the US for 5 years?
Asked on Aug 02nd, 2011 on Immigration - California
More details to this question:
I was caught trying to cross the border illegally and was barred for five years. Do my wife and I have to wait the five years before we start the process for me to come back? Or can we do it now?
7 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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If you do not want to wait 5 years, you should apply for a waiver of deportation only if you were not in the US illegally before that. in that case, you are barred for 10 years and will need to apply for the waiver at the end of the 10 year period.
Answered on Aug 19th, 2011 at 11:05 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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It depends on whether or not you qualify for a waiver of the 5 year bar.
Answered on Aug 19th, 2011 at 9:28 AM
Immigration Law Attorney serving Los Angeles, CA
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GK Law Firm
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You must wait the mandatory barred period before you can file an alien relative petition.
Answered on Aug 19th, 2011 at 7:05 AM
She can initiate the process, but you will have to file waivers.
Answered on Aug 19th, 2011 at 6:58 AM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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Yes she may still petition. You may require a waiver should you wish to re-enter within the time bar.
Answered on Aug 19th, 2011 at 5:37 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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You can do it now most likely with a waiver provided she is a U.S. citizen; you don't have other unlawful presence in the U.S., no criminal charges, etc.
Answered on Aug 18th, 2011 at 5:18 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Depending upon what kind of bar you received, she may be able to file a green card application and then file an extreme hardship waiver for you to waive the five years. You DO NOT want to try to enter illegally again. If you are caught, you can face federal prison time and also a permanent bar to obtaining a green card.
Answered on Aug 18th, 2011 at 5:07 PM