QUESTION
What is the fastest way to get my Mexican husband back to the US?
Asked on Jul 03rd, 2013 on Immigration - California
More details to this question:
In 2001, we got married and I filed the I-130 petition for him. It was approved in 2002 but we never received the approval letter. For the next 3 years, we were waiting for a decision. In 2007, we decided to find a lawyer. My husband was on a payment plan when he was sent back. Since he has been gone, I have been struggling taking care of myself and our sons. How do I get him back soon?
7 ANSWERS
Why was he sent back? Was he covered/protected under 245i if you had filed on his behalf in 2001? Was the filing before April 30, 2001?
Answered on Jul 15th, 2013 at 9:28 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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From the information you provided, it looks like you would need to petition the government for a waiver of inadmissibility after deportation. If your I-130 petition was filed before April 30, 2001, your attorney might have a different way to approach the problem that will make better the chances of getting your husband back into the U.S. before the year 2018. But I don't think you can handle this case without a professional help.
Answered on Jul 08th, 2013 at 11:20 AM
Immigration Attorney serving Atlanta, GA
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Gorinshteyn Global, LLC
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A lot more information is needed in order to properly evaluate your husband's chances on returning back to the U.S.
Answered on Jul 03rd, 2013 at 9:24 PM
Employment & Labor Attorney serving Salt Lake City, UT
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Sharon L. Preston, P.C.
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I sorry to hear about your situation. In your question, you said, "he was sent back", so I am assuming that your husband was deported to Mexico. In your posting you didn't say, when he was send back, but I am assuming that it was in 2007. But, how soon he can return, depends on the reasons for deportation. For example, a person who is deported for an aggravated felony has a life-time bar to reentry. In your husband's case, if he was deported for just being illegally present in the U.S., or for some minor criminal offense (but not an "aggravated felony"), you could file an application for "waiver" of the 10-year bar and also the inadmissibility due to criminal offense (if applicable). The waiver is based on showing "extreme and unusual hardship" to you (the U.S. citizen spouse). If he is granted the waiver, then he would be able to return sooner.
Answered on Jul 03rd, 2013 at 9:24 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If the I-130 was approved and is still valid, the file should have gone to the NVC to start the IV process.
Answered on Jul 03rd, 2013 at 9:24 PM
Immigration Law Attorney serving New York, NY
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Law Office of David Molot
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You would need to continue processing your Husband's case through the National Visa center in order for an interview to be scheduled at the local US Embassy in Mexico.
Answered on Jul 03rd, 2013 at 7:25 PM
You need an immigration attorney to help you out to re-file your spousal petition and take care that you will be informed this time.
Answered on Jul 03rd, 2013 at 12:52 PM