QUESTION
How can I get back to the US after deportation?
Asked on Jun 29th, 2012 on Immigration - Texas
More details to this question:
My husband came to U.S legally in '97 to go to college from Tanzania. He went to school for 2 years then went home to re-new visa and came back to finish school. Unfourtunatley he over-stayed the second time around. Was charged with a misdimeanor possesion of controlled substance ( marijuana over 30 grams) in 2004. He then got deported in 2011 with a 10 yr. ban. I am now living with him in Tanzania. Is there a way he can apply for re-admission with sucess? I have heard of filing an inadmissability waiver, I-212, and I-60, etc. and wait on that process. How can we be successful with the criminal charge he has vs. the extreme hardship it would cause me, I do not plan on staying in Tanzania for too long, and I cannot go home without my husband, I have no family and no support. We had spent our savings on Immigration attorneys the enitre 8 months he was in manditory detention, I had made my own personal law library of immigration information in that time, got tons of letters of reccomendation, we owned rental proerty, he's had same job for over 6 yrs. and was loved by everyone in town. We managed to postpone deportation 3 times, But in the end was all in vain. Seems American immigration laws are made to where there is no way to win, only waste your money trying. Everyone makes mistakes in their lifetime, especially while young and that should not define a person's character. Any suggestions or advice would be greatly appreciated!
4 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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*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
Answered on Jul 13th, 2012 at 6:46 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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Best is probably a nonimmigrant visa and not an immigrant visa because of the drug conviction. He will need a waiver and would need to qualify for the nonimmigrant visa. Does he have a business in Tanzania? If yes, one option may be the L-1A where he sets up a branch of his business in the U.S. and comes to develop and direct the business. Most nonimmigrant visas require he prove intent to return to Tanzania which will be hard with a previous overstay. The H for professional workers (college degree or higher) and the L. H's are gone until October 1, 2013 so that leaves the L. I have attached a summary of the requirements - requires two related companies to continue to operate - one in Tanzania and one in the U.S. and the company transfers him to the U.s. company to work. To properly advise on the criminal conviction for immigrant purposes we would need to see a certified court record of all crimes.
Answered on Jul 13th, 2012 at 6:05 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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There is no Waiver of Inadmissibility for this offense. A great discussion is required.
Answered on Jul 13th, 2012 at 5:48 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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There are no guarantees when it comes to requesting waivers (I-212, I-601). You have to do your best and hope for a positive result. When submit your waiver, you need to make sure to submit a detailed written describing your lives together and the hardships that you have and will suffer as a result of your separation. You will also need to submit numerous documents to support your claims of hardship. The documents can include, but is not limited to, birth certificates of children, joint ownership of property, tax returns, bank accounts, etc.
Answered on Jul 11th, 2012 at 10:30 AM