Is there a way of getting back to the States 5 years after being Deported?

Your spouse can file for a waiver of inadmissibility. She would have to prove that your absence in the US causes her an extreme hardship. Not an easy task in itself, it will be made harder by your arrest record: even though you can show that the case was dismissed, the Immigration officer who will be deciding your wife's waiver application will see the FBI report showing all the charges. Decisions on waiver are completely discretionary, which means that you cannot go to court on a denial. So the your chances will depend largely on how well the waiver application will be prepared.

Exactly why were you deported? Was it because of the criminal case? Was it because you were here illegally? Exactly what happened during the removal/deportation proceedings? Were you ordered removed by a judge or did you self-deport? Without the answer to these and many other questions, it is impossible to properly answer your question. I strongly suggest that you or your wife in the U.S. contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you or your wife of your options.

Assuming there is no conviction, you would need to do the following: *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.

Yes. Your wife needs to submit an I-130 petition on your behalf. It will take approximately 9-12 months for the paperwork to be processed. You may also need to file waivers on forms I-212 and I-601 for being previously deported and for unlawful presence in excess of 1 year.