QUESTION
I have an I130 which was approved over a decade ago and had a voluntary departure in 2009 and had a deportation in 2016, what are my options
Asked on Jul 22nd, 2018 on Immigration - Colorado
More details to this question:
I am 27 and was deported in 2016, I before this was requesting asylum but the process hit a snag. So I agreed to be deported. In 2009 I had a voluntary departure given by an immigration judge. I am an unmarried son of a permanent resident who has just became a US citizen. As a permanent resident my mother submitted paperwork for me and I was approved under I130 but was inadmissible because of previous unlawful stay which resulted in the voluntary departure and then just recently I was deported. My application still shows as approved and active on the government site and I am looking for possible options that I have to make it back to my family as quick as possible if that is even possible.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
In the best situation, you would need waivers of both unlawful presence and of the deportation when your priority date becomes available and you are denied by the US Consulate or Embassy upon interview. If you came back to the US illegally after your voluntary departure in 2009, you are in a much worse situation of having incurred the permanent bar under which U.S.C.I.S. will only consider a waiver application beginning 10 years after your deportation in 2016. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 19th, 2018 at 5:53 PM