QUESTION
How long must I wait to file a waiver to bring my wife back?
Asked on Feb 20th, 2012 on Immigration - New York
More details to this question:
i am currently married to a belizean woman who was deported in november of last year. she was band for ten years and we have a 5mth old daughter who i have custody of i was wondering how long before i can file a waiver for her to come back its hard for me to raise my daughter without her hair she was deported because she was in the country 7 yrs after her visa expired. she has a larceny charge from 2003 which ended her in this postion which she did not no she had a removal cause she did not recieve no letter for court dates unfortunately she was falsely convicted of misdemeanor shild abuse she has taken parenting classes and have sworn testimony from different people who been around her and can vouche for her character what advise do u have for me thanks
7 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Her deportation and criminal record will make it difficult for the waivers to be approved. This case raises many issues that should be discussed with an attorney and not through a simple inquiry. Did she plea guilty? Why if she is innocent? She cannot waive an offense that she denies committing.
Answered on Feb 23rd, 2012 at 2:51 PM
Assault Attorney serving Richardson, TX
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She can apply for waivers soon but the required hardship will be difficult. A 10 and five year bar from reentry apply.
Answered on Feb 22nd, 2012 at 10:31 AM
She has to either wait out the 10 years of her bar or try to file for a waiver proving that it would constitute extreme hardship for her to be separated from her US citizen child and spouse. You have to first petition for her immigrant visa (btw why did you not do that before she was removed if you were already married to her) and once that petition is approved and goes to the Consulate in Belize she can submit her waiver application at the same time. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Feb 20th, 2012 at 6:41 PM
3 Awards
Your wife need 3 waivers TJ waive deportation, criminal conviction and unlawful presence. You need to hire a lawyer to do the waivers. She should be able to file waivers now. However, need to review the case first in order to help bringing your wife back to US
Answered on Feb 20th, 2012 at 4:11 PM
Leon Wildes
She needs at least one waiver for the 10-year ban and another for her criminality. She can file as soon as she has all the necessary documentation and arguments.
Answered on Feb 20th, 2012 at 3:51 PM
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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Your situation is very complex and appears difficult. Its hard to assess more. For you to understand it better, you should contact an attorney experienced in immigration law who also understands criminal conviction impact on status.
Answered on Feb 20th, 2012 at 3:40 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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You need to have the convictions and her immigration history analyzed by an immigration attorney. It is impossible to determine if she even qualifies for a waiver from your question.
Answered on Feb 20th, 2012 at 3:21 PM