QUESTION

Is it possible to re-enter after deportation?

Asked on Jun 12th, 2012 on Immigration - Texas
More details to this question:
I got deported Jan 2012. My girlfriend is pregnant and we plan on getting married this year. I got deported after I missed court. I went to 3 prior proceedings and I failed to meet the next one. My crime history is 2 convictions. 1 being failure to ID, and the other is misdemeanor possession of stolen goods no other charges or criminal history. After I missed court they filed an order for removal. I got arrested on the failure to ID and then they fast tracked my deportation after I served my time which was 30 days. What do I need to do to re-enter legally? I lived my whole life in the United States ever since I was 2 years old, me entering illegally was not my choice. Thank you for all the advice. Before I got deported an ICE agent told me of a Differed Action and when I got deported i asked what to do to reenter and they said with a 212 Waiver but i don't understand it.
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4 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Hello: *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. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.
Answered on Jun 21st, 2012 at 7:36 PM

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Business Law Attorney serving Atlanta, GA at Elkhalil Law, P.C.
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Your case is complicated and requires the help of an immigration lawyer. You can come back with a waiver but it is going to take some times. Do not enter the U.S. without inspection again as it will only complicate your case and kill any chance you have to re-unite with your family.
Answered on Jun 21st, 2012 at 5:56 PM

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Assault Attorney serving Richardson, TX
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She can sponsor you more quickly if you get married if she is a citizen. You will need a waiver to return and the process will probably be slow.
Answered on Jun 20th, 2012 at 6:56 PM

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At a minimum, you have to get married to your girlfriend in Mexico and then she has to submit an I-130 petition on your behalf. After the petition has been approved and your visa application is complete, you will be scheduled for a visa interview at the US consulate. After in the interview, you will need to file waivers on form I-601 for unlawful presence and I-212 for having been previously deported. It usually takes about 1 year for the paperwork to be processed before you get the initial interview.
Answered on Jun 20th, 2012 at 6:03 PM

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