QUESTION
Do we need to wait for the 10 year bar to be expired in order to start the process again?
Asked on Jan 06th, 2017 on Immigration - Georgia
More details to this question:
I am a US citizen. My husband got deported. We got married in Mexico about 3 years ago. I had submitted the I-130 petition which got approved. Everything was going well until he got a letter scheduling his biometrics in the US when he is not in here. He has been living in Mexico since the deportation day. They told us unfortunately he was given a 10 year barred so he was not able to enter the US. Would it be easier this time around since the petition was approved the first time?
1 ANSWER
Important information for analysis of your and your husband's situation is missing from your question. It sounds like you may have inappropriately filed a Form I-485 in addition to the Form I-130, and that is what triggered a biometrics appointment. If indeed your husband became subject to the very harsh 10-year bar, then he will be unable to re-enter the U.S. (through successful consular processing) before the expiration of that bar unless a waiver application is justified and has become approved; this is true regardless of whether a Form I-130 application has been approved. While it would have been best for you to have consulted with an immigration attorney at the time you initiated immigration-related legal steps, it would be wise for you now to consult with an immigration attorney.
Answered on Mar 07th, 2017 at 4:57 AM